Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 348 Second Substitute (2021GS)

Sponsor

Rep. Hawkes, T.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• renames the Governor's Office of Economic Development as the Governor's Office of Economic Opportunity (GO Utah office);
• extends the deadline by which the GO Utah office must create a database to track certain information related to community reinvestment agencies;
• modifies Utah Futures by renaming the program, moving the program under the Utah Board of Higher Education, and modifying certain requirements;
• establishes the Unified Economic Opportunity Commission (commission) to develop, direct, and coordinate a statewide economic development strategy;
• modifies the duties of the GO Utah office to include implementing the statewide economic development strategy developed by the commission;
• provides the commission authority to create one or more subcommittees related to specified issues;
• creates the following commission subcommittees:
• the Business and Economic Development Subcommittee, formerly called the Board of Business and Economic Development; and
• the Talent, Education, and Industry Alignment Subcommittee, formerly the Talent Ready Utah Board;
• modifies provisions related to economic development tax increment financing;
• requires the GO Utah office to submit an annual report to certain state entities that gives an overview of the implementation and efficacy of the statewide economic development strategy;
• creates a talent development grant program for businesses that create new incremental high paying jobs in the state;

Every vote on this bill

Bill text

ECONOMIC DEVELOPMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Timothy D. Hawkes
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill modifies provisions related to economic development.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ renames the Governor's Office of Economic Development as the Governor's Office
of Economic Opportunity (GO Utah office);
▸ extends the deadline by which the GO Utah office must create a database to track
certain information related to community reinvestment agencies;
▸ modifies Utah Futures by renaming the program, moving the program under the
Utah Board of Higher Education, and modifying certain requirements;
▸ establishes the Unified Economic Opportunity Commission (commission) to
develop, direct, and coordinate a statewide economic development strategy;
▸ modifies the duties of the GO Utah office to include implementing the statewide
economic development strategy developed by the commission;
▸ provides the commission authority to create one or more subcommittees related to
specified issues;
▸ creates the following commission subcommittees:
• the Business and Economic Development Subcommittee, formerly called the
Board of Business and Economic Development; and
• the Talent, Education, and Industry Alignment Subcommittee, formerly the
Talent Ready Utah Board;
▸ modifies provisions related to economic development tax increment financing;
▸ requires the GO Utah office to submit an annual report to certain state entities that
gives an overview of the implementation and efficacy of the statewide economic
development strategy;
▸ creates a talent development grant program for businesses that create new
incremental high paying jobs in the state;
▸ directs the Utah Office of Outdoor Recreation to promote all forms of outdoor
recreation, including vehicular and non-vehicular;
▸ creates the Utah Broadband Center and addresses its operations and duties;
▸ establishes the Broadband Access Grant Program;
▸ repeals the Governor's Rural Partnership Board;
▸ repeals the Governor's Economic Development Coordinating Council;
▸ repeals the Technology Commercialization and Innovation Act;
▸ repeals the Utah Business Resource Centers Act; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2022:
▸ to Economic Development - Business Development - Corporate Recruitment and
Business Services as an ongoing appropriation:
• from the General Fund, $767,100;
▸ to Economic Development - Business Development - Outreach and International
Trade as an ongoing appropriation:
• from the General Fund, $75,000;
▸ to Economic Development - Administration - Administration as an ongoing
appropriation:
• from the General Fund, $75,000;
▸ to the Legislature - Senate - Administration as an ongoing appropriation:
• from the General Fund, $3,200; and
▸ to the Legislature - House of Representatives - Administration as an ongoing
appropriation:
• from the General Fund, $3,200. 
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
9-6-903
, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
9-9-104.6
, as last amended by Laws of Utah 2020, Chapters 236 and 365
9-22-102
, as renumbered and amended by Laws of Utah 2019, Chapter 487
11-17-18
, as last amended by Laws of Utah 2005, Chapter 148
11-58-901
, as enacted by Laws of Utah 2018, Chapter 179
11-59-302
, as last amended by Laws of Utah 2020, Chapters 152 and 365
11-59-304
, as last amended by Laws of Utah 2020, Chapter 152
11-59-501
, as last amended by Laws of Utah 2020, Chapter 152
17-31-5.5
, as last amended by Laws of Utah 2020, Chapter 315
17-31-9
, as last amended by Laws of Utah 2015, Chapter 283
17-54-102
, as enacted by Laws of Utah 2020, Chapter 360
17-54-103
, as enacted by Laws of Utah 2020, Chapter 360
17C-1-603
, as last amended by Laws of Utah 2019, Chapter 21
17D-1-507
, as enacted by Laws of Utah 2008, Chapter 360
35A-1-104.5
, as last amended by Laws of Utah 2020, Chapter 354
35A-1-109
, as last amended by Laws of Utah 2018, Chapter 423
35A-1-201
, as last amended by Laws of Utah 2020, Chapter 352
35A-6-105
, as last amended by Laws of Utah 2020, Chapter 365
41-6a-1626
, as last amended by Laws of Utah 2019, Chapter 461
49-11-406
, as last amended by Laws of Utah 2020, Chapter 24
53B-1-114
, as last amended by Laws of Utah 2020, Chapter 365
53B-1-301
, as last amended by Laws of Utah 2020, Chapters 365 and 403
53B-7-702
, as last amended by Laws of Utah 2020, Chapter 365
53B-7-704
, as enacted by Laws of Utah 2017, Chapter 365
53B-8-304
, as enacted by Laws of Utah 2019, Chapter 444
53B-10-201
, as last amended by Laws of Utah 2020, Chapter 365
53B-10-203
, as enacted by Laws of Utah 2018, Chapter 402
53B-26-102
, as last amended by Laws of Utah 2019, Chapters 136 and 357
53B-26-103
, as last amended by Laws of Utah 2020, Chapter 365
53B-26-303
, as enacted by Laws of Utah 2020, Chapter 361
54-4-41
, as enacted by Laws of Utah 2020, Chapter 217
59-1-403
, as last amended by Laws of Utah 2020, Chapter 294
59-7-159
, as last amended by Laws of Utah 2019, Chapters 247 and 465
59-7-614.2
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
59-7-614.5
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
59-7-614.10
, as last amended by Laws of Utah 2020, Chapter 354
59-7-621
, as enacted by Laws of Utah 2017, Chapter 274
59-7-624
, as last amended by Laws of Utah 2020, Chapter 354
59-10-137
, as last amended by Laws of Utah 2019, Chapters 247 and 465
59-10-1037
, as last amended by Laws of Utah 2020, Chapter 354
59-10-1038
, as enacted by Laws of Utah 2017, Chapter 274
59-10-1107
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
59-10-1108
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
59-10-1112
, as last amended by Laws of Utah 2020, Chapter 354
63A-3-111
, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
63B-18-401
, as last amended by Laws of Utah 2019, Chapters 327, 479, and 497
63B-24-201
, as last amended by Laws of Utah 2018, Chapter 406
63C-17-103
, as enacted by Laws of Utah 2016, Chapter 156
63C-17-105
, as enacted by Laws of Utah 2016, Chapter 156
63G-21-102
, as last amended by Laws of Utah 2018, Chapter 281
63G-21-201
, as last amended by Laws of Utah 2018, Chapter 261
63H-1-801
, as last amended by Laws of Utah 2009, Chapters 92 and 388
63H-2-204
, as last amended by Laws of Utah 2012, Chapter 37
63I-1-235
, as last amended by Laws of Utah 2020, Chapters 154 and 417
63I-1-263
, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
of Utah 2020, Chapter 360
63I-2-263
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
63J-4-301
, as last amended by Laws of Utah 2018, Chapters 423 and 469
63J-4-708
, as last amended by Laws of Utah 2018, Chapter 423
63L-2-301
, as last amended by Laws of Utah 2020, Chapter 168
63M-5-306
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-6-201
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-6-202
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-6-203
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-11-201
, as last amended by Laws of Utah 2019, Chapter 246
63N-2-103
, as last amended by Laws of Utah 2019, Chapters 399, 465, 498 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 465
63N-2-104
, as last amended by Laws of Utah 2018, Chapter 281
63N-2-105
, as last amended by Laws of Utah 2016, Chapter 350
63N-2-106
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
63N-2-107
, as last amended by Laws of Utah 2016, Chapter 350
63N-2-203
, as last amended by Laws of Utah 2020, Chapter 360
63N-2-213
, as last amended by Laws of Utah 2020, Chapter 360
63N-2-303
, as last amended by Laws of Utah 2017, Chapter 352
63N-2-503
, as last amended by Laws of Utah 2019, Chapter 136
63N-2-504
, as last amended by Laws of Utah 2019, Chapter 136
63N-2-510
, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
amended by Laws of Utah 2015, Chapter 283
63N-2-512
, as last amended by Laws of Utah 2016, Chapter 291
63N-2-808
, as last amended by Laws of Utah 2016, Chapter 354
63N-2-810
, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
63N-3-102
, as last amended by Laws of Utah 2018, Chapter 428
63N-3-103
, as last amended by Laws of Utah 2018, Chapters 204 and 428
63N-3-105
, as last amended by Laws of Utah 2019, Chapter 325
63N-3-106
, as last amended by Laws of Utah 2016, Chapters 34 and 183
63N-3-109
, as last amended by Laws of Utah 2020, Chapter 265
63N-3-111
, as last amended by Laws of Utah 2018, Chapter 182
63N-3-204
, as last amended by Laws of Utah 2018, Chapter 453
63N-4-101
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-4-102
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-4-103
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-4-104
, as last amended by Laws of Utah 2020, Chapter 360
63N-4-105
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-4-106
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-4-205
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-4-403
, as enacted by Laws of Utah 2018, Chapter 340
63N-4-704
, as enacted by Laws of Utah 2020, Chapter 360
63N-7-201
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-8-102
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-8-103
, as last amended by Laws of Utah 2019, First Special Session, Chapter 3
63N-8-104
, as last amended by Laws of Utah 2020, Chapter 357
63N-8-105
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-9-104
, as last amended by Laws of Utah 2016, Chapter 88
63N-9-106
, as last amended by Laws of Utah 2019, Chapter 506
63N-9-203
, as last amended by Laws of Utah 2017, Chapter 166
63N-9-403
, as enacted by Laws of Utah 2019, Chapter 506
63N-13-101
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-15-103
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
72-1-209
, as last amended by Laws of Utah 2005, Chapter 148
72-4-302
, as last amended by Laws of Utah 2019, Chapter 246
72-7-504
, as last amended by Laws of Utah 2017, Chapter 260
79-4-1103
, as last amended by Laws of Utah 2015, Chapter 283
ENACTS:
53B-30-101
, Utah Code Annotated 1953
53B-30-102
, Utah Code Annotated 1953
63N-1a-103
, Utah Code Annotated 1953
63N-1a-201
, Utah Code Annotated 1953
63N-1a-202
, Utah Code Annotated 1953
63N-1b-101
, Utah Code Annotated 1953
63N-1b-102
, Utah Code Annotated 1953
63N-3-112
, Utah Code Annotated 1953
63N-16-101
, Utah Code Annotated 1953
63N-16-102
, Utah Code Annotated 1953
63N-16-201
, Utah Code Annotated 1953
63N-16-301
, Utah Code Annotated 1953
63N-16-302
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53B-30-201
, (Renumbered from 63N-12-509, as renumbered and amended by Laws of
Utah 2019, Chapter 246)
63N-1a-101
, (Renumbered from 63N-1-101, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
63N-1a-102
, (Renumbered from 63N-1-102, as last amended by Laws of Utah 2019,
Chapter 465)
63N-1a-301
, (Renumbered from 63N-1-201, as last amended by Laws of Utah 2019,
Chapter 246)
63N-1a-302
, (Renumbered from 63N-1-202, as last amended by Laws of Utah 2020,
Chapter 352)
63N-1a-303
, (Renumbered from 63N-1-203, as last amended by Laws of Utah 2018,
Chapter 423)
63N-1a-304
, (Renumbered from 63N-1-204, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
63N-1a-305
, (Renumbered from 63N-1-205, as enacted by Laws of Utah 2020, Chapter
154)
63N-1a-306
, (Renumbered from 63N-1-301, as last amended by Laws of Utah 2020,
Chapter 365)
63N-1b-201
, (Renumbered from 63N-1-401, as last amended by Laws of Utah 2020,
Chapters 352 and 373)
63N-1b-202
, (Renumbered from 63N-1-402, as renumbered and amended by Laws of
Utah 2015, Chapter 283)
63N-1b-301
, (Renumbered from 63N-12-503, as last amended by Laws of Utah 2020,
Chapter 365)
63N-1b-302
, (Renumbered from 63N-12-502, as enacted by Laws of Utah 2018,
Chapter 423)
63N-1b-303
, (Renumbered from 63N-12-504, as last amended by Laws of Utah 2019,
Chapter 427)
63N-1b-304
, (Renumbered from 63N-12-505, as last amended by Laws of Utah 2020,
Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
365)
63N-1b-305
, (Renumbered from 63N-12-506, as last amended by Laws of Utah 2020,
Sixth Special Session, Chapter 19)
63N-1b-306
, (Renumbered from 63N-12-507, as last amended by Laws of Utah 2020,
Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
365)
63N-1b-307
, (Renumbered from 63N-12-508, as last amended by Laws of Utah 2020,
Sixth Special Session, Chapter 19)
63N-16-202
, (Renumbered from 63N-3-501, as enacted by Laws of Utah 2018, Chapter
182)
REPEALS:
63C-10-101
, as enacted by Laws of Utah 2004, Chapter 73
63C-10-102
, as last amended by Laws of Utah 2014, Chapter 259
63C-10-103
, as last amended by Laws of Utah 2020, Chapter 360
63N-1-501
, as last amended by Laws of Utah 2020, Chapters 352, 354, and 360
63N-1-502
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-108
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-109.5
, as enacted by Laws of Utah 2016, Chapter 34
63N-3-201
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-202
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-203
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-205
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-301
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-302
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-303
, as renumbered and amended by Laws of Utah 2015, Chapter 283
63N-3-304
, as last amended by Laws of Utah 2016, Chapter 253
63N-3-305
, as last amended by Laws of Utah 2016, Chapter 253
63N-3-306
, as last amended by Laws of Utah 2016, Chapter 253
63N-3-307
, as last amended by Laws of Utah 2016, Chapter 253
63N-12-501
, as last amended by Laws of Utah 2020, Chapter 164
Utah Code Sections Affected by Coordination Clause:
63N-2-104
, as last amended by Laws of Utah 2018, Chapter 281
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-6-903
 is amended to read:
9-6-903.
Duties of the division.
(1) As soon as is practicable but on or before July 31, 2020, the division shall:
(a) establish an application process by which a qualified organization may apply for a
grant under this part, which application shall include:
(i) a declaration, signed under penalty of perjury, that the application is complete, true,
and correct and any estimates about the net costs to provide the cultural, artistic, botanical,
recreational, or zoological activity are made in good faith;
(ii) an acknowledgment that the qualified organization is subject to audit; and
(iii) a plan for providing the activity described in Subsection 
9-6-902
(2)(a);
(b) establish a method for the office, in consultation with the Governor's Office of
Economic [
Development
] 
Opportunity
 for recreational applicants, to determine which
applicants are eligible to receive a grant;
(c) establish a formula to award grant funds; and
(d) report the information described in Subsections (1)(a) through (c) to the director of
the Division of Finance.
(2) The division shall:
(a) participate in the presentation that the director of the Division of Finance provides
to the legislative committee under Section 
63A-3-111
; and
(b) consider any recommendations for adjustments to the grant program from the
legislative committee.
(3) Subject to appropriation, beginning on August 5, 2020, the division shall:
(a) collect applications for grant funds from qualified organizations;
(b) determine, in consultation with the Governor's Office of Economic [
Development
]
Opportunity
 for recreational applicants, which applicants meet the eligibility requirements for
receiving a grant; and
(c) award the grant funds:
(i) (A) after an initial application period that ends on or before August 31, 2020; and
(B) if funds remain after the initial application period, on a rolling basis until the
earlier of funds being exhausted or December 30, 2020; and
(ii) in accordance with the process established under Subsection (1) and the limit
described in Subsection 
9-6-902
(3).
(4) The division shall encourage any qualified organization that receives grant funds to
commit to following best practices to protect the health and safety of the qualified
organization's employees and customers.
(5) (a) The division may audit a qualified organization's reported net cost to provide a
cultural, artistic, botanical, recreational, or zoological activity.
(b) The division may recapture grant funds if, after audit, the division determines that:
(i) if a qualified organization made representations about the qualified organization's
actual net cost to provide the cultural, artistic, botanical, recreational, or zoological activity, the
representations are not complete, true, and correct; or
(ii) if a qualified organization made representations about the qualified organization's
estimated net cost to provide the cultural, artistic, botanical, recreational, or zoological activity,
the representations are not made in good faith.
(c) (i) A qualified organization that is subject to recapture shall pay to the Division of
Finance a penalty equal to the amount of the grant recaptured multiplied by the applicable
income tax rate in Section 
59-7-104
 or 
59-10-104
.
(ii) The Division of Finance shall deposit the penalty into the Education Fund.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to administer the grant program.
Section 2. Section 
9-9-104.6
 is amended to read:
9-9-104.6.
Participation of state agencies in meetings with tribal leaders --
Contact information.
(1) For at least three of the joint meetings described in Subsection 
9-9-104.5
(2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
36-22-1
;
(b) the governor or the governor's designee;
(c) the American Indian-Alaska Native Health Liaison appointed in accordance with
Section 
26-7-2.5
;
(d) the American Indian-Alaska Native Public Education Liaison appointed in
accordance with Section 
53F-5-604
; and
(e) a representative appointed by the chief administrative officer of the following:
(i) the Department of Human Services;
(ii) the Department of Natural Resources;
(iii) the Department of Workforce Services;
(iv) the Governor's Office of Economic [
Development
] 
Opportunity
;
(v) the State Board of Education; and
(vi) the Utah Board of Higher Education.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate the name of a contact person for that agency that can assist in coordinating
the efforts of state and tribal governments in meeting the needs of the Native Americans
residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to:
(i) the Department of Agriculture and Food;
(ii) the Department of Heritage and Arts;
(iii) the Department of Corrections;
(iv) the Department of Environmental Quality;
(v) the Department of Public Safety;
(vi) the Department of Transportation;
(vii) the Office of the Attorney General;
(viii) the State Tax Commission; and
(ix) any agency described in Subsections (2)(c) through (e).
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) A participant under this section who is not a legislator may not receive
compensation or benefits for the participant's service, but may receive per diem and travel
expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a participant who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 3. Section 
9-22-102
 is amended to read:
9-22-102.
Definitions.
As used in this chapter:
(1) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in
computer science, information technology, or computer engineering courses and career options.
(2) "Director" means the director appointed by the STEM board to oversee the
administration of the STEM Action Center.
(3) "Educator" means the same as that term is defined in Section 
53E-6-102
.
(4) "Foundation" means a foundation established as described in Subsections
9-22-104
(3) and (4).
(5) "Fund" means the STEM Action Center Foundation Fund created in Section
9-22-105
.
(6) "Grant program" means the Computing Partnerships Grants program created in this
part.
(7) "High quality professional development" means professional development that
meets high quality standards developed by the State Board of Education.
(8) "Institution of higher education" means an institution listed in Section 
53B-1-102
.
(9) "K-16" means kindergarten through grade 12 and post-secondary education
programs.
(10) "Provider" means a provider selected on behalf of the STEM board by the staff of
the STEM board and the staff of the State Board of Education:
(a) through a request for proposals process; or
(b) through a direct award or sole source procurement process for a pilot described in
Section 
9-22-107
.
(11) "Review committee" means the committee established under Section 
9-22-114
.
(12) "Stacked credentials" means credentials that:
(a) an individual can build upon to access an advanced job or higher wage;
(b) are part of a career pathway system;
(c) provide a pathway culminating in the equivalent of an associate's or bachelor's
degree;
(d) facilitate multiple exit and entry points; and
(e) recognize sub-goals or momentum points.
(13) "STEM" means science, technology, engineering, and mathematics.
(14) "STEM Action Center" means the center described in Section 
9-22-106
.
(15) "STEM board" means the STEM Action Center Board created in Section
9-22-103
.
(16) "Talent Ready [
Utah
] 
Program
" means the Talent Ready Utah [
Center
] 
Program
created in Section [
63N-12-502
] 
63N-1b-302
.
Section 4. Section 
11-17-18
 is amended to read:
11-17-18.
Powers of Governor's Office of Economic Opportunity.
For purposes of this chapter and for the purposes of the Utah Interlocal Cooperation
Act, the Governor's Office of Economic [
Development
] 
Opportunity
 has all the powers set out
in this chapter of, and is subject to the same limitations as, a municipality as though the office
were defined as a municipality for purposes of this chapter, but it shall have such powers with
respect to economic development or new venture investment fund projects only. It is not
authorized to exercise such powers in any manner which will create general obligations of the
state or any agency, department, division, or political subdivision thereof.
Section 5. Section 
11-58-901
 is amended to read:
11-58-901.
Dissolution of port authority -- Restrictions -- Notice of dissolution --
Disposition of port authority property -- Port authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless the authority has no outstanding bonded
indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
obligations with persons or entities other than the state.
(2) Upon the dissolution of the authority:
(a) the Governor's Office of Economic [
Development
] 
Opportunity
 shall publish a
notice of dissolution:
(i) in a newspaper of general circulation in the county in which the dissolved authority
is located; and
(ii) as required in Section 
45-1-101
; and
(b) all title to property owned by the authority vests in the state.
(3) The books, documents, records, papers, and seal of each dissolved authority shall
be deposited for safekeeping and reference with the state auditor.
(4) The authority shall pay all expenses of the deactivation and dissolution.
Section 6. Section 
11-59-302
 is amended to read:
11-59-302.
Number of board members -- Appointment -- Vacancies -- Chairs.
(1) The board shall consist of 11 members as provided in Subsection (2).
(2) (a) The president of the Senate shall appoint two members of the Senate to serve as
members of the board.
(b) The speaker of the House of Representatives shall appoint two members of the
House of Representatives to serve as members of the board.
(c) The governor shall appoint four individuals to serve as members of the board:
(i) one of whom shall be a member of the board of or employed by the Governor's
Office of Economic [
Development
] 
Opportunity
, created in Section [
63N-1-201
] 
63N-1a-301
;
and
(ii) one of whom shall be an employee of the Division of Facilities Construction and
Management, created in Section 
63A-5b-301
.
(d) The Salt Lake County mayor shall appoint one board member, who shall be an
elected Salt Lake County government official.
(e) The mayor of Draper, or a member of the Draper city council that the mayor
designates, shall serve as a board member.
(f) The commissioner of higher education, appointed under Section 
53B-1-408
, or the
commissioner's designee, shall serve as a board member.
(3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
same manner under this section as the appointment of the member whose vacancy is being
filled.
(ii) If the mayor of Draper or commissioner of higher education is removed as a board
member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
case may be, shall designate an individual to serve as a member of the board, as provided in
Subsection (2)(e) or (f), respectively.
(b) Each person appointed or designated to fill a vacancy shall serve the remaining
unexpired term of the member whose vacancy the person is filling.
(4) A member of the board appointed by the governor, president of the Senate, or
speaker of the House of Representatives serves at the pleasure of and may be removed and
replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
of the House of Representatives, respectively.
(5) A member of the board may be removed by a vote of two-thirds of all members of
the board.
(6) (a) The governor shall appoint one board member to serve as cochair of the board.
(b) The president of the Senate and speaker of the House of Representatives shall
jointly appoint one legislative member of the board to serve as cochair of the board. 
Section 7. Section 
11-59-304
 is amended to read:
11-59-304.
Staff and other support services -- Cooperation from state and local
government entities.
(1) As used in this section:
(a) "Division" means the Division of Facilities Construction and Management, created
in Section 
63A-5b-301
.
(b) "Office" means the Governor's Office of Economic [
Development
] 
Opportunity
,
created in Section [
63N-1-201
] 
63N-1a-301
.
(2) If and as requested by the board:
(a) the division shall:
(i) provide staff support to the board; and
(ii) make available to the board existing division resources and expertise to assist the
board in the development, marketing, and disposition of the point of the mountain state land;
and
(b) the office shall cooperate with and provide assistance to the board in the board's:
(i) formulation of a development plan for the point of the mountain state land; and
(ii) management and implementation of a development plan, including the marketing
of property and recruitment of businesses and others to locate on the point of the mountain
state land.
(3) A department, division, or other agency of the state and a political subdivision of
the state shall cooperate with the authority and the board to the fullest extent possible to
provide whatever support, information, or other assistance the board requests that is reasonably
necessary to help the authority fulfill its duties and responsibilities under this chapter. 
Section 8. Section 
11-59-501
 is amended to read:
11-59-501.
Dissolution of authority -- Restrictions -- Publishing notice of
dissolution -- Authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless:
(a) the authority board first receives approval from the Legislative Management
Committee of the Legislature to dissolve the authority; and
(b) the authority has no outstanding bonded indebtedness, other unpaid loans,
indebtedness, or advances, and no legally binding contractual obligations with persons or
entities other than the state.
(2) To dissolve the authority, the board shall:
(a) obtain the approval of the Legislative Management Committee of the Legislature;
and
(b) adopt a resolution dissolving the authority, to become effective as provided in the
resolution.
(3) Upon the dissolution of the authority:
(a) the Governor's Office of Economic [
Development
] 
Opportunity
 shall publish a
notice of dissolution:
(i) in a newspaper of general circulation in the county in which the dissolved authority
is located; and
(ii) as required in Section 
45-1-101
; and
(b) all title to property owned by the authority vests in the Division of Facilities
Construction and Management, created in Section 
63A-5b-301
, for the benefit of the state.
(4) The board shall deposit all books, documents, records, papers, and seal of the
dissolved authority with the state auditor for safekeeping and reference.
(5) The authority shall pay all expenses of the deactivation and dissolution. 
Section 9. Section 
17-31-5.5
 is amended to read:
17-31-5.5.
Report to county legislative body -- Content.
(1) The legislative body of each county that imposes a transient room tax under Section
59-12-301
 or a tourism, recreation, cultural, convention, and airport facilities tax under Section
59-12-603
 shall prepare annually a report in accordance with Subsection (2).
(2) The report described in Subsection (1) shall include a breakdown of expenditures
into the following categories:
(a) for the transient room tax, identification of expenditures for:
(i) establishing and promoting:
(A) recreation;
(B) tourism;
(C) film production; and
(D) conventions;
(ii) acquiring, leasing, constructing, furnishing, or operating:
(A) convention meeting rooms;
(B) exhibit halls;
(C) visitor information centers;
(D) museums; and
(E) related facilities;
(iii) acquiring or leasing land required for or related to the purposes listed in
Subsection (2)(a)(ii);
(iv) mitigation costs as identified in Subsection 
17-31-2
(2)(d); and
(v) making the annual payment of principal, interest, premiums, and necessary reserves
for any or the aggregate of bonds issued to pay for costs referred to in Subsections
17-31-2
(2)(e) and (5)(a); and
(b) for the tourism, recreation, cultural, convention, and airport facilities tax,
identification of expenditures for:
(i) financing tourism promotion, which means an activity to develop, encourage,
solicit, or market tourism that attracts transient guests to the county, including planning,
product development, and advertising;
(ii) the development, operation, and maintenance of the following facilities as defined
in Section 
59-12-602
:
(A) an airport facility;
(B) a convention facility;
(C) a cultural facility;
(D) a recreation facility; and
(E) a tourist facility; and
(iii) a pledge as security for evidences of indebtedness under Subsection 
59-12-603
(3).
(3) For the transient room tax, the report described in Subsection (1) shall include a
breakdown of each expenditure described in Subsection (2)(a)(i), including:
(a) whether the expenditure was used for in-state and out-of-state promotion efforts;
(b) an explanation of how the expenditure targeted a cost created by tourism; and
(c) an accounting of the expenditure showing that the expenditure was used only for
costs directly related to a cost created by tourism.
(4) A county legislative body shall provide a copy of the report described in Subsection
(1) to:
(a) the Utah Office of Tourism within the Governor's Office of Economic
[
Development
] 
Opportunity
;
(b) its tourism tax advisory board; and
(c) the Office of the Legislative Fiscal Analyst.
Section 10. Section 
17-31-9
 is amended to read:
17-31-9.
Payment to Stay Another Day and Bounce Back Fund and Hotel Impact
Mitigation Fund.
A county in which a qualified hotel, as defined in Section 
63N-2-502
, is located shall:
(1) make an annual payment to the Division of Finance:
(a) for deposit into the Stay Another Day and Bounce Back Fund, established in
Section 
63N-2-511
;
(b) for any year in which the Governor's Office of Economic [
Development issues a tax
credit certificate
] 
Opportunity provides a convention incentive
, as defined in Section
63N-2-502
; and
(c) in the amount of 5% of the state portion, as defined in Section 
63N-2-502
; and
(2) make payments to the Division of Finance:
(a) for deposit into the Hotel Impact Mitigation Fund, created in Section 
63N-2-512
;
(b) for each year described in Subsection 
63N-2-512
(5)(a)(ii) during which the balance
of the Hotel Impact Mitigation Fund, defined in Section 
63N-2-512
, is less than $2,100,000
before any payment for that year under Subsection 
63N-2-512
(5)(a); and
(c) in the amount of the difference between $2,100,000 and the balance of the Hotel
Impact Mitigation Fund, defined in Section 
63N-2-512
, before any payment for that year under
Subsection 
63N-2-512
(5)(a).
Section 11. Section 
17-54-102
 is amended to read:
17-54-102.
Definitions.
(1) "CED board" means a County Economic Development Advisory Board as
described in Section 
17-54-104
.
(2) "Center for Rural Development" means the Center for Rural Development created
in Section 
63N-4-102
.
(3) "GO Utah board" means the Business and Economic Development Subcommittee
created in Section 
63N-1b-202
.
[
(2)
] 
(4)
 "Grant" means a grant available under the Rural County Grant Program
created in Section 
17-54-103
.
[
(3)
] 
(5)
 "Grant program" means the Rural County Grant Program created in Section
17-54-103
.
[
(4) "Office of Rural Development" means the Office of Rural Development created
within the Governor's Office of Economic Development in Section 
63N-4-102
.
]
[
(5)
] 
(6)
 "Rural county" means a county of the third, fourth, fifth, or sixth class.
[
(6) "Rural partnership board" means the Governor's Rural Partnership Board created
in Section 
63C-10-102
.
]
Section 12. Section 
17-54-103
 is amended to read:
17-54-103.
Rural County Grant Program.
(1) There is created the Rural County Grant Program.
(2) The grant program shall be overseen by the [
rural partnership
] 
GO Utah
 board and
administered by the [
Office of
] 
Center for
 Rural Development.
(3) (a) In overseeing the grant program, the [
rural partnership
] 
GO Utah
 board shall
recommend the awarding of grants to rural counties to address the economic development
needs of rural counties, in accordance with the provisions of this chapter, which needs may
include:
(i) business recruitment, development, and expansion;
(ii) workforce training and development; and
(iii) infrastructure, industrial building development, and capital facilities improvements
for business development.
(b) After reviewing the recommendations of the [
rural partnership
] 
GO Utah
 board, the
executive director of the Governor's Office of Economic [
Development
] 
Opportunity
 shall
award grants to rural counties in accordance with the provisions of this chapter.
(4) Subject to appropriations from the Legislature and subject to the reporting and
other requirements of this chapter, grant money shall be distributed:
(a) equally between all rural counties that have created a CED board, in an amount up
to and including $200,000 annually per county; and
(b) for grant money that is available after $200,000 has been provided annually to each
eligible rural county, through the process described in Subsection (6).
(5) Beginning in 2021, a rural county may not receive an additional grant under this
chapter unless the rural county:
(a) demonstrates a funding match, which may include a funding match provided by any
combination of a community reinvestment agency, redevelopment agency, community
development and renewal agency, private-sector entity, nonprofit entity, federal matching
grant, county or municipality general fund match, or in-kind match, and that totals:
(i) a 10% match for a county of the sixth class;
(ii) a 20% match for a county of the fifth class;
(iii) a 30% match for a county of the fourth class; and
(iv) a 40% match for a county of the third class; and
(b) has complied with the reporting requirements required by the [
rural partnership
]
GO Utah
 board and the reporting requirements described in Subsection (9) for all previous
years that the county has received a grant.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
[
Office of
] 
Center for
 Rural Development in collaboration with the [
rural partnership
] 
GO Utah
board shall make rules establishing the eligibility and reporting criteria for a rural county to
receive grant money under Subsection (4)(b), including:
(a) the form and process for a county to submit an application to the [
rural partnership
]
GO Utah
 board for a grant;
(b) the method of scoring and prioritizing grant program applications from rural
counties;
(c) the reporting, auditing, and post-performance requirements for a rural county that
receives grant money; and
(d) any deadlines that shall be met by a rural county when applying for a grant.
(7) In determining the award of grant money under Subsection (4)(b), the [
rural
partnership
] 
GO Utah
 board may not recommend the awarding of more than $800,000 annually
to a rural county.
(8) In determining the recommended award of grant money under Subsection (4)(b),
the [
rural partnership
] 
GO Utah
 board may prioritize applications that demonstrate any
combination of the following:
(a) that the county has or is actively pursuing the creation of an effective strategic
economic development plan;
(b) consistency with local economic development priorities;
(c) economic need;
(d) utilization of local financial or in-kind resources in combination with a grant;
(e) evidence that jobs will be created; and
(f) evidence that there will be a positive return on investment.
(9) On or before September 1 of each year, a county that has received a grant under this
chapter in the previous 12 months shall provide a written report to the [
rural partnership
] 
GO
Utah
 board that describes:
(a) the amount of grant money the county has received;
(b) how grant money has been distributed by the county, including what companies or
entities have utilized grant money, how much grant money each company or entity has
received, and how each company or entity has used the money;
(c) an evaluation of the effectiveness of awarded grants in improving economic
development in the county, including the number of jobs created, infrastructure that has been
created, and capital improvements in the county;
(d) how much matching money has been utilized by the county and what entities have
provided the matching money; and
(e) any other reporting, auditing, or post-performance requirements established by the
[
Office of
] 
Center for
 Rural Development in collaboration with the [
rural partnership
] 
GO Utah
board under Subsection (6).
(10) The [
Office of
] 
Center for
 Rural Development shall compile the reported
information and provide a written report to the Governor's Office of Economic [
Development
]
Opportunity
 for inclusion in the Governor's Office of Economic [
Development's
] 
Opportunity's
annual written report described in Section [
63N-1-301
] 
63N-1a-306
.
Section 13. Section 
17C-1-603
 is amended to read:
17C-1-603.
Reporting requirements -- Governor's Office of Economic
Opportunity to maintain a database.
(1) On or before [
June 30, 2021
] 
June 1, 2022
, the Governor's Office of Economic
[
Development
] 
Opportunity
 shall:
(a) create a database to track information for each agency located within the state; and
(b) make the database publicly accessible from the office's website.
(2) (a) The Governor's Office of Economic [
Development
] 
Opportunity
 may:
(i) contract with a third party to create and maintain the database described in
Subsection (1); and
(ii) charge a fee for a county, city, or agency to provide information to the database
described in Subsection (1).
(b) The Governor's Office of Economic [
Development
] 
Opportunity
 shall make rules,
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a
fee schedule for the fee described in Subsection (2)(a)(ii).
(3) Beginning in [
] 
, on or before [
December 31
] 
June 30
 of each calendar
year, an agency shall, for each active project area for which the project area funds collection
period has not expired, provide to the database described in Subsection (1) the following
information:
(a) an assessment of the change in marginal value, including:
(i) the base year;
(ii) the base taxable value;
(iii) the prior year's assessed value;
(iv) the estimated current assessed value;
(v) the percentage change in marginal value; and
(vi) a narrative description of the relative growth in assessed value;
(b) the amount of project area funds the agency received for each year of the project
area funds collection period, including:
(i) a comparison of the actual project area funds received for each year to the amount of
project area funds forecasted for each year when the project area was created, if available;
(ii) (A) the agency's historical receipts of project area funds, including the tax year for
which the agency first received project area funds from the project area; or
(B) if the agency has not yet received project area funds from the project area, the year
in which the agency expects each project area funds collection period to begin;
(iii) a list of each taxing entity that levies or imposes a tax within the project area and a
description of the benefits that each taxing entity receives from the project area; and
(iv) the amount paid to other taxing entities under Section 
17C-1-410
, if applicable;
(c) a description of current and anticipated project area development, including:
(i) a narrative of any significant project area development, including infrastructure
development, site development, participation agreements, or vertical construction; and
(ii) other details of development within the project area, including:
(A) the total developed acreage;
(B) the total undeveloped acreage;
(C) the percentage of residential development; and
(D) the total number of housing units authorized, if applicable;
(d) the project area budget , if applicable, or other project area funds analyses,
including: 
(i) each project area funds collection period, including:
(A) the start and end date of the project area funds collection period; and
(B) the number of years remaining in each project area funds collection period;
(ii) the amount of project area funds the agency is authorized to receive from the
project area cumulatively and from each taxing entity, including:
(A) the total dollar amount; and
(B) the percentage of the total amount of project area funds generated within the
project area;
(iii) the remaining amount of project area funds the agency is authorized to receive
from the project area cumulatively and from each taxing entity; and
(iv) the amount of project area funds the agency is authorized to use to pay for the
agency's administrative costs, as described in Subsection 
17C-1-409
(1), including:
(A) the total dollar amount; and
(B) the percentage of the total amount of all project area funds;
(e) the estimated amount of project area funds that the agency is authorized to receive
from the project area for the current calendar year; 
(f) the estimated amount of project area funds to be paid to the agency for the next
calendar year;
(g) a map of the project area; and
(h) any other relevant information the agency elects to provide.
(4) (a) Until the Governor's Office of Economic [
Development
] 
Opportunity
 creates a
database as required in Subsection (1), an agency shall, on or before November 1 of each
calendar year, electronically submit a report to:
(i) the community in which the agency operates;
(ii) the county auditor;
(iii) the State Tax Commission;
(iv) the State Board of Education; and
(v) each taxing entity from which the agency receives project area funds.
(b) An agency shall ensure that the report described in Subsection (4)(a):
(i) contains the same information described in Subsection (3); and
(ii) is posted on the website of the community in which the agency operates.
(5) Any information an agency submits in accordance with this section:
(a) is for informational purposes only; and
(b) does not alter the amount of project area funds that an agency is authorized to
receive from a project area.
(6) The provisions of this section apply regardless of when the agency or project area is
created.
Section 14. Section 
17D-1-507
 is amended to read:
17D-1-507.
Guaranteed bonds.
(1) Before a special service district may issue guaranteed bonds:
(a) the special service district shall:
(i) obtain a report:
(A) prepared by:
(I) a qualified, registered architect or engineer; or
(II) a person qualified by experience appropriate to the project proposed to be funded
by the proceeds from the guaranteed bonds;
(B) setting forth:
(I) a description of the project proposed to be funded by the proceeds from the
guaranteed bonds;
(II) the estimated or, if available, the actual cost of the project;
(III) the principal amount and date and amount of each stated maturity of:
(Aa) the guaranteed bonds to be issued; and
(Bb) any outstanding guaranteed bonds of the special service district;
(IV) the interest rate or rates of any outstanding guaranteed bonds of the special service
district;
(V) the amount of the annual debt service for each year during the life of all
outstanding guaranteed bonds issued by the special service district;
(VI) the estimated amount of the annual debt service for each year during the life of all
guaranteed bonds that the special service district intends to issue to finance all or any part of
the project; and
(VII) the date or estimated date that the project will be complete; and
(ii) submit to the Governor's Office of Economic [
Development
] 
Opportunity
:
(A) the report described in Subsection (1)(a)(i);
(B) a copy of each proposed guarantee of the guaranteed bonds, certified by the special
service district;
(C) a legal opinion indicating that each guarantee, when executed, will be the legal and
binding obligation of the taxpayer executing the guarantee in accordance with the terms of the
guarantee; and
(D) evidence satisfactory to the Governor's Office of Economic [
Development
]
Opportunity
 from each taxpayer executing a guarantee of the guaranteed bonds as to the
financial ability of the taxpayer to perform under the guarantee;
(b) the Governor's Office of Economic [
Development
] 
Opportunity
 shall, if it approves
the issuance of the guaranteed bonds, deliver to the special service district governing body a
written statement of its approval; and
(c) the special service district governing body shall file the written approval statement
under Subsection (1)(b) with the recorder of the county in which the special service district is
located.
(2) The issuance of guaranteed bonds is conditioned upon the approval of special
service district voters at an election held for that purpose as provided in Title 11, Chapter 14,
Local Government Bonding Act.
(3) Guaranteed bonds that have been issued and remain outstanding shall be included
in the determination of the debt limit under Subsection 
17D-1-502
(4) if the bonds by their
terms no longer enjoy the benefit of the guarantee.
(4) On July 1 of each year, the governing body shall file with the department of
community affairs a report certifying:
(a) the total amount of bonds issued by the special service district and other debt then
outstanding and subject to the debt limit of Subsection 
17D-1-502
(4);
(b) the total amount of guaranteed bonds then outstanding and not subject to the debt
limit of Subsection 
17D-1-502
(4); and
(c) the total amount of guaranteed bonds that, during the preceding 12 months,
discontinued to enjoy the benefit of the guarantee.
Section 15. Section 
35A-1-104.5
 is amended to read:
35A-1-104.5.
Other department duties -- Strategic plan for health system reform
-- Reporting suspected misuse of a Social Security number.
(1) The department shall work with the Department of Health, the Insurance
Department, the Governor's Office of Economic [
Development
] 
Opportunity
, and the
Legislature to develop the health system reform.
(2) In the process of determining an individual's eligibility for a public benefit or
service under this title or under federal law, if the department determines that a valid social
security number is being used by an unauthorized individual, the department shall:
(a) inform the individual who the department determines to be the likely actual owner
of the social security number or, if the likely actual owner is a minor, the minor's parent or
guardian, of the suspected misuse; and
(b) subject to federal law, provide information of the suspected misuse to an
appropriate law enforcement agency responsible for investigating identity fraud.
(3) If the department learns or determines that providing information under Subsection
(2)(b) is prohibited by federal law, the department shall notify the Legislative Management
Committee.
Section 16. Section 
35A-1-109
 is amended to read:
35A-1-109.
Annual report -- Content -- Format.
(1) The department shall prepare and submit to the governor and the Legislature, by
October 1 of each year, an annual written report of the operations, activities, programs, and
services of the department, including its divisions, offices, boards, commissions, councils, and
committees, for the preceding fiscal year.
(2) For each operation, activity, program, or service provided by the department, the
annual report shall include:
(a) a description of the operation, activity, program, or service;
(b) data and metrics:
(i) selected and used by the department to measure progress, performance,
effectiveness, and scope of the operation, activity, program, or service, including summary
data; and
(ii) that are consistent and comparable for each state operation, activity, program, or
service that primarily involves employment training or placement as determined by the
executive directors of the department, the Governor's Office of Economic [
Development
]
Opportunity
, and the Governor's Office of Management and Budget;
(c) budget data, including the amount and source of funding, expenses, and allocation
of full-time employees for the operation, activity, program, or service;
(d) historical data from previous years for comparison with data reported under
Subsections (2)(b) and (c);
(e) goals, challenges, and achievements related to the operation, activity, program, or
service;
(f) relevant federal and state statutory references and requirements;
(g) contact information of officials knowledgeable and responsible for each operation,
activity, program, or service; and
(h) other information determined by the department that:
(i) may be needed, useful, or of historical significance; or
(ii) promotes accountability and transparency for each operation, activity, program, or
service with the public and elected officials.
(3) The annual report shall be designed to provide clear, accurate, and accessible
information to the public, the governor, and the Legislature.
(4) The department shall:
(a) submit the annual report in accordance with Section 
68-3-14
;
(b) make the annual report, and previous annual reports, accessible to the public by
placing a link to the reports on the department's website; and
(c) provide the data and metrics described in Subsection (2)(b) to the [
Talent Ready
Utah Board created in Section 
63N-12-503
] 
Talent, Education, and Industry Alignment
Subcommittee created in Section 
63N-1b-301
.
Section 17. Section 
35A-1-201
 is amended to read:
35A-1-201.
Executive director -- Appointment -- Removal -- Compensation --
Qualifications -- Responsibilities -- Deputy directors.
(1) (a) The chief administrative officer of the department is the executive director, who
is appointed by the governor with the advice and consent of the Senate.
(b) The executive director serves at the pleasure of the governor.
(c) The executive director shall receive a salary established by the governor within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(d) The executive director shall be experienced in administration, management, and
coordination of complex organizations.
(2) The executive director shall:
(a) administer and supervise the department in compliance with Title 67, Chapter 19,
Utah State Personnel Management Act;
(b) supervise and coordinate between the economic service areas and directors created
under Chapter 2, Economic Service Areas;
(c) coordinate policies and program activities conducted through the divisions and
economic service areas of the department;
(d) approve the proposed budget of each division, the Workforce Appeals Board, and
each economic service area within the department;
(e) approve all applications for federal grants or assistance in support of any
department program;
(f) coordinate with the executive directors of the Governor's Office of Economic
[
Development
] 
Opportunity
 and the Governor's Office of Management and Budget to review
data and metrics to be reported to the Legislature as described in Subsection 
35A-1-109
(2)(b);
and
(g) fulfill such other duties as assigned by the Legislature or as assigned by the
governor that are not inconsistent with this title.
(3) The executive director may appoint deputy or assistant directors to assist the
executive director in carrying out the department's responsibilities.
(4) The executive director shall at least annually provide for the sharing of information
between the advisory councils established under this title.
Section 18. Section 
35A-6-105
 is amended to read:
35A-6-105.
Commissioner of Apprenticeship Programs.
(1) There is created the position of Commissioner of Apprenticeship Programs within
the department.
(2) The commissioner shall be appointed by the executive director and chosen from
one or more recommendations provided by a majority vote of the State Workforce
Development Board.
(3) The commissioner may be terminated without cause by the executive director.
(4) The commissioner shall:
(a) promote and educate the public, including high school guidance counselors and
potential participants in apprenticeship programs, about apprenticeship programs offered in the
state, including apprenticeship programs offered by private sector businesses, trade groups,
labor unions, partnerships with educational institutions, and other associations in the state;
(b) coordinate with the department and other stakeholders, including union and
nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education,
the Utah system of higher education, the Department of Commerce, the Division of
Occupational and Professional Licensing, and the Governor's Office of Economic
[
Development
] 
Opportunity
 to improve and promote apprenticeship opportunities in the state;
and
(c) provide an annual written report to:
(i) the department for inclusion in the department's annual written report described in
Section 
35A-1-109
;
(ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
and
(iii) the Higher Education Appropriations Subcommittee.
(5) The annual written report described in Subsection (4)(c) shall provide information
concerning:
(a) the number of available apprenticeship programs in the state;
(b) the number of apprentices participating in each program;
(c) the completion rate of each program;
(d) the cost of state funding for each program; and
(e) recommendations for improving apprenticeship programs.
Section 19. Section 
41-6a-1626
 is amended to read:
41-6a-1626.
Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
control devices.
(1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
unusual noise.
(b) A motor vehicle shall be equipped with a muffler or other effective noise
suppressing system in good working order and in constant operation.
(c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
(2) (a) Except while the engine is being warmed to the recommended operating
temperature, the engine and power mechanism of a gasoline-powered motor vehicle may not
emit visible contaminants during operation.
(b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
vehicle's maximum tow weight.
(ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
contaminants during operation:
(A) except while the engine is being warmed to the recommended operating
temperature or under a heavy tow; or
(B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
rating in excess of 26,000 pounds.
(iii) A diesel engine manufactured before January 1, 2008, may not emit visible
contaminants of a shade or density that obscures a contrasting background by more than 20%,
for more than five consecutive seconds:
(A) except while the engine is being warmed to the recommended operating
temperature or under a heavy tow; or
(B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
rating in excess of 26,000 pounds.
(c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction
and shall be fined:
(i) not less than $50 for a violation; or
(ii) not less than $100 for a second or subsequent violation within three years of a
previous violation of this section.
(d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction
and shall be fined:
(i) not less than $100 for a violation; or
(ii) not less than $500 for a second or subsequent violation within three years of a
previous violation of this section.
(e) (i) As used in this section:
(A) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(B) "Nonattainment area" means [
the same as that term is defined in Section
63N-3-102
] 
a part of the state where air quality is determined to exceed the National Ambient
Air Quality Standards, as defined in the Clean Air Act Amendments of 1970, Pub. L. No.
91-604, Sec. 109, for fine particulate matter (PM 2.5)
.
(ii) Within a nonattainment area, for a second or subsequent violation of Subsection
(2)(a) or (2)(b), the court shall report the violations to the local health department at a regular
interval.
(iii) If the local health department receives a notification as described in Subsection
(2)(e)(ii), and the local health department determines that the registered vehicle is unable to
meet state or local air emission standards, the local health department shall send notification to
the Motor Vehicle Division.
(3) (a) If a motor vehicle is equipped by a manufacturer with air pollution control
devices, the devices shall be maintained in good working order and in constant operation.
(b) For purposes of the first sale of a vehicle at retail, an air pollution control device
may be substituted for the manufacturer's original device if the substituted device is at least as
effective in the reduction of emissions from the vehicle motor as the air pollution control
device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
class.
(c) A person who renders inoperable an air pollution control device on a motor vehicle
is guilty of an infraction.
(4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
fuel, as defined under Section 
59-13-102
, when the emissions from the modified or altered
motor vehicle are at levels that comply with existing state or federal standards for the emission
of pollutants from a motor vehicle of the same class.
(5) A violation of Subsection (1), (2), or (3) is an infraction.
Section 20. Section 
49-11-406
 is amended to read:
49-11-406.
Governor's appointed executives and senior staff -- Appointed
legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
(1) As used in this section:
(a) "Defined benefit balance" means the total amount of the contributions made on
behalf of a member to a defined benefit system plus refund interest.
(b) "Senior staff" means an at-will employee who reports directly to an elected official,
executive director, or director and includes a deputy director and other similar, at-will
employee positions designated by the governor, the speaker of the House, or the president of
the Senate and filed with the Department of Human Resource Management and the Utah State
Retirement Office.
(2) In accordance with this section and subject to requirements under federal law and
rules made by the board, a member who has service credit from a system may elect to be
exempt from coverage under a defined benefit system and to have the member's defined benefit
balance transferred from the defined benefit system or plan to a defined contribution plan in the
member's own name if the member is:
(a) the state auditor;
(b) the state treasurer;
(c) an appointed executive under Subsection 
67-22-2
(1)(a);
(d) an employee in the Governor's Office;
(e) senior staff in the Governor's Office of Management and Budget;
(f) senior staff in the Governor's Office of Economic [
Development
] 
Opportunity
;
(g) senior staff in the Commission on Criminal and Juvenile Justice;
(h) a legislative employee appointed under Subsection 
36-12-7
(3)(a); 
or
(i) a legislative employee appointed by the speaker of the House of Representatives, the
House of Representatives minority leader, the president of the Senate, or the Senate minority
leader[
; or
]
.
[
(j) senior staff of the Utah Science Technology and Research Initiative created under
Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.
]
(3) An election made under Subsection (2):
(a) is final, and no right exists to make any further election;
(b) is considered a request to be exempt from coverage under a defined benefits
system; and
(c) shall be made on forms provided by the office.
(4) The board shall adopt rules to implement and administer this section.
Section 21. Section 
53B-1-114
 is amended to read:
53B-1-114.
Coordination for education.
(1) At least quarterly, in order to coordinate education services, the commissioner and
the state superintendent of public instruction shall convene a meeting of individuals who have
responsibilities related to Utah's education system, including:
(a) the state superintendent of public instruction;
(b) the commissioner;
(c) the executive director of the Department of Workforce Services described in
Section 
35A-1-201
;
(d) the executive director of the Governor's Office of Economic [
Development
]
Opportunity
 described in Section [
63N-1-202
] 
63N-1a-302
;
(e) the chair of the State Board of Education;
(f) the chair of the Utah Board of Higher Education;
(g) a member of the governor's staff; and
(h) the chairs of the Education Interim Committee.
(2) The coordinating group described in this section shall, for the State Board of
Education and the Utah Board of Higher Education:
(a) coordinate strategic planning efforts;
(b) encourage alignment of strategic plans; and
(c) report on the State Board of Education's strategic plan to the Utah Board of Higher
Education and the Utah Board of Higher Education's strategic plan to the State Board of
Education.
(3) A meeting described in Subsection (1) is not subject to Title 52, Chapter 4, Open
and Public Meetings Act.
Section 22. Section 
53B-1-301
 is amended to read:
53B-1-301.
Reports to and actions of the Higher Education Appropriations
Subcommittee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Higher Education Appropriations Subcommittee:
(a) the reports described in Sections 
34A-2-202.5
, 
53B-17-804
, and 
59-9-102.5
 by the
Rocky Mountain Center for Occupational and Environmental Health;
(b) the report described in Section 
53B-7-101
 by the board on recommended
appropriations for higher education institutions, including the report described in Section
53B-8-104
 by the board on the effects of offering nonresident partial tuition scholarships;
(c) the report described in Section 
53B-7-704
 by the Department of Workforce
Services and the Governor's Office of Economic [
Development
] 
Opportunity
 on targeted jobs;
(d) the reports described in Section 
53B-7-705
 by the board on performance;
(e) the report described in Section 
53B-8-201
 by the board on the Regents' Scholarship
Program;
(f) the report described in Section 
53B-8-303
 by the board regarding Access Utah
promise scholarships;
(g) the report described in Section 
53B-8d-104
 by the Division of Child and Family
Services on tuition waivers for wards of the state;
(h) the report described in Section 
53B-12-107
 by the Utah Higher Education
Assistance Authority;
(i) the report described in Section 
53B-13a-104
 by the board on the Success Stipend
Program;
(j) the report described in Section 
53B-17-201
 by the University of Utah regarding the
Miners' Hospital for Disabled Miners;
(k) the report described in Section 
53B-26-103
 by the Governor's Office of Economic
[
Development
] 
Opportunity
 on high demand technical jobs projected to support economic
growth;
(l) the report described in Section 
53B-26-202
 by the Medical Education Council on
projected demand for nursing professionals; and
(m) the report described in Section 
53E-10-308
 by the State Board of Education and
board on student participation in the concurrent enrollment program.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Higher Education Appropriations Subcommittee:
(a) upon request, the information described in Section 
53B-8a-111
 submitted by the
Utah Educational Savings Plan;
(b) as described in Section 
53B-26-103
, a proposal by an eligible partnership related to
workforce needs for technical jobs projected to support economic growth;
(c) a proposal described in Section 
53B-26-202
 by an eligible program to respond to
projected demand for nursing professionals;
(d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
on the fire and rescue training program described in Section 
53B-29-202
; and
(e) the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission on the commission's progress.
(3) In accordance with applicable provisions, the Higher Education Appropriations
Subcommittee shall complete the following:
(a) as required by Section 
53B-7-703
, the review of performance funding described in
Section 
53B-7-703
;
(b) the review described in Section 
53B-7-705
 of the implementation of performance
funding;
(c) an appropriation recommendation described in Section 
53B-26-103
 to fund a
proposal responding to workforce needs of a strategic industry cluster;
(d) an appropriation recommendation described in Section 
53B-26-202
 to fund a
proposal responding to projected demand for nursing professionals; and
(e) review of the report described in Section 
63B-10-301
 by the University of Utah on
the status of a bond and bond payments specified in Section 
63B-10-301
.
Section 23. Section 
53B-7-702
 is amended to read:
53B-7-702.
Definitions.
As used in this part:
(1) "Account" means the Performance Funding Restricted Account created in Section
53B-7-703
.
(2) "Estimated revenue growth from targeted jobs" means the estimated increase in
individual income tax revenue generated by individuals employed in targeted jobs, determined
by the Department of Workforce Services in accordance with Section 
53B-7-704
.
(3) "Full new performance funding amount" means the maximum amount of new
performance funding that a degree-granting institution or technical college may qualify for in a
fiscal year, determined by the Legislature in accordance with Section 
53B-7-705
.
(4) "Full-time" means the number of credit hours the board determines is full-time
enrollment for a student. 
(5) [
"GOED"
] 
"GO Utah office"
 means the Governor's Office of Economic
[
Development
] 
Opportunity
 created in Section [
63N-1-201
] 
63N-1a-301
.
(6) "Job" means an occupation determined by the Department of Workforce Services.
(7) "Membership hour" means 60 minutes of scheduled instruction provided by a
technical college to a student enrolled in the technical college.
(8) "New performance funding" means the difference between the total amount of
money in the account and the amount of money appropriated from the account for performance
funding in the current fiscal year.
(9) "Performance" means total performance across the metrics described in:
(a) Section 
53B-7-706
 for a degree-granting institution; or
(b) Section 
53B-7-707
 for a technical college.
(10) "Research university" means the University of Utah or Utah State University.
(11) "Targeted job" means a job designated by the Department of Workforce Services
or [
GOED
] 
the GO Utah office
 in accordance with Section 
53B-7-704
.
(12) "Technical college graduate" means an individual who:
(a) has earned a certificate from an accredited program at a technical college; and
(b) is no longer enrolled in the technical college.
Section 24. Section 
53B-7-704
 is amended to read:
53B-7-704.
Designation of targeted jobs -- Determination of estimated revenue
growth from targeted jobs -- Reporting.
(1) As used in this section, "baseline amount" means the average annual wages for
targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of
Workforce Services using the best available information.
(2) (a) The Department of Workforce Services shall designate, as a targeted job, a job
that:
(i) has a base employment level of at least 100 individuals;
(ii) ranks in the top 20% of jobs for outlook based on:
(A) projected number of openings; and
(B) projected rate of growth;
(iii) ranks in the top 20% of jobs for median annual wage; and
(iv) requires postsecondary training.
(b) The Department of Workforce Services shall designate targeted jobs every other
year.
(c) [
GOED
] 
The GO Utah office
 may, after consulting with the Department of
Workforce Services and industry representatives, designate a job that has significant industry
importance as a targeted job.
(d) Annually, the Department of Workforce Services and [
GOED
] 
the GO Utah office
shall report to the Higher Education Appropriations Subcommittee on targeted jobs, including:
(i) the method used to determine which jobs are targeted jobs;
(ii) changes to which jobs are targeted jobs; and
(iii) the reasons for each change described in Subsection (2)(d)(ii).
(3) Based on the targeted jobs described in Subsection (2), the Department of
Workforce Services shall annually determine the estimated revenue growth from targeted jobs
by:
(a) determining the total estimated wages for targeted jobs for the year:
(i) based on the average wages for targeted jobs, calculated using the most recently
available wage data and data from each of the two years before the most recently available
data; and
(ii) using the best available information;
(b) determining the change in estimated wages for targeted jobs by subtracting the
baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
(c) multiplying the change in estimated wages for targeted jobs described in Subsection
(3)(b) by 3.6%.
(4) Annually, at least 30 days before the first day of the legislative general session, the
Department of Workforce Services shall report the estimated revenue growth from targeted
jobs to:
(a) the Office of the Legislative Fiscal Analyst; and
(b) the Division of Finance.
Section 25. Section 
53B-8-304
 is amended to read:
53B-8-304.
Utah promise partners.
(1) In consultation with the Talent Ready Utah [
Center
] 
Program
 created in Section
[
63N-12-502
] 
63N-1b-302
, and in accordance with Subsection (2), the board shall select
employers to be promise partners.
(2) The board may select an employer as a promise partner if the employer:
(a) applies to the board to be a promise partner; and
(b) meets other requirements established by the board in the rules described in
Subsection (5).
(3) An individual employed by a promise partner is eligible to receive a partner award
if the individual:
(a) applies for a partner award;
(b) is admitted to and enrolled in an institution;
(c) is a Utah resident;
(d) does not have an associate or higher postsecondary degree;
(e) meets requirements established by the promise partner related to a partner award;
and
(f) maintains the eligibility requirements described in this Subsection (3) for the full
length of time the individual receives the partner award.
(4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
award a partner award to an individual who meets the requirements described in Subsection
(3).
(b) The board may:
(i) award a partner award for up to the portion of tuition and fees for a program at an
institution that is not covered by an employer reimbursement described in Subsection (5)(b);
and
(ii) prioritize awarding partner awards if an appropriation for partner awards is not
sufficient to provide a partner award to each individual who is eligible under Subsection (3).
(c) The board may continue to award a partner award to a recipient who meets the
requirements described in Subsection (3) until the earliest of the following:
(i) two years after the individual initially receives a partner award;
(ii) the recipient uses a partner award to attend an institution for four semesters;
(iii) the recipient completes the requirements for an associate degree; or
(iv) if the recipient attends an institution that does not offer associate degrees, the
recipient has 60 earned credit hours.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules that establish:
(a) requirements for an employer to seek and receive approval from the board for the
employer's employees to receive partner awards;
(b) requirements related to an employer providing reimbursement to an employee who
receives a partner award for a portion of the employee's tuition and fees;
(c) a process for an individual to apply for a partner award;
(d) criteria for the board to prioritize awarding partner awards; and
(e) a requirement that an institution shall, for a recipient of a partner award:
(i) evaluate the recipient's knowledge, skills, and competencies acquired through
formal or informal education outside the traditional postsecondary academic environment; and
(ii) award credit, as applicable, for the recipient's prior learning described in Subsection
(5)(e)(i).
Section 26. Section 
53B-10-201
 is amended to read:
53B-10-201.
Definitions.
As used in this part:
(1) "Full-time" means the number of credit hours the board determines is full-time
enrollment for a student.
(2) [
"GOED"
] 
"GO Utah office"
 means the Governor's Office of Economic
[
Development
] 
Opportunity
 created in Section [
63N-1-201
] 
63N-1a-301
.
(3) "Incentive loan" means a loan described in Section 
53B-10-202
.
(4) "Institution" means an institution of higher education described in Subsection
53B-1-102
(1)(a).
(5) "Program" means the Talent Development Incentive Loan Program created in
Section 
53B-10-202
.
(6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
individual to work in a qualifying job, as determined by [
GOED
] 
the GO Utah office
 under
Section 
53B-10-203
.
(7) "Qualifying job" means a job:
(a) described in Section 
53B-10-203
 for which an individual may receive an incentive
loan for the current two-year period; or
(b) (i) that was selected in accordance with Section 
53B-10-203
 at the time a recipient
received an incentive loan; and
(ii) (A) for which the recipient is pursuing a qualifying degree;
(B) for which the recipient completed a qualifying degree; or
(C) in which the recipient is working.
(8) "Recipient" means an individual who receives an incentive loan.
Section 27. Section 
53B-10-203
 is amended to read:
53B-10-203.
Selection of qualifying jobs and qualifying degrees.
(1) Every other year, [
GOED
] 
the GO Utah office
 shall select:
(a) five qualifying jobs that:
(i) have the highest demand for new employees; and
(ii) offer high wages; and
(b) the qualifying degrees for each qualifying job.
(2) [
GOED
] 
The GO Utah office
 shall:
(a) ensure that each qualifying job:
(i) ranks in the top 40% of jobs based on an employment index that considers the job's
growth rate and total openings;
(ii) ranks in the top 40% of jobs for wages; and
(iii) requires an associate's degree or a bachelor's degree; and
(b) report the five qualifying jobs and qualifying degrees to the board.
Section 28. Section 
53B-26-102
 is amended to read:
53B-26-102.
Definitions.
As used in this part:
(1) "CTE" means career and technical education.
(2) "CTE region" means an economic service area created in Section 
35A-2-101
.
(3) "Eligible partnership" means:
(a) a regional partnership; or
(b) a statewide partnership.
(4) "Employer" means a private employer, public employer, industry association, the
military, or a union.
(5) "Industry advisory group" means:
(a) a group of at least five employers that represent the workforce needs to which a
proposal submitted under Section 
53B-26-103
 responds; and
(b) a representative of the Governor's Office of Economic [
Development
] 
Opportunity
,
appointed by the executive director of the Governor's Office of Economic [
Development
]
Opportunity
.
(6) "Institution of higher education" means the University of Utah, Utah State
University, Southern Utah University, Weber State University, Snow College, Dixie State
University, Utah Valley University, or Salt Lake Community College.
(7) "Regional partnership" means a partnership that:
(a) provides educational services within one CTE region; and
(b) is between at least two of the following located in the CTE region:
(i) a technical college;
(ii) a school district or charter school; or
(iii) an institution of higher education.
(8) "Stackable sequence of credentials" means a sequence of credentials that:
(a) an individual can build upon to access an advanced job or higher wage;
(b) is part of a career pathway system;
(c) provides a pathway culminating in the equivalent of an associate's or bachelor's
degree;
(d) facilitates multiple exit and entry points; and
(e) recognizes sub-goals or momentum points.
(9) "Statewide partnership" means a partnership between at least two regional
partnerships.
(10) "Technical college" means:
(a) a college described in Section 
53B-2a-105
;
(b) the School of Applied Technology at Salt Lake Community College established
under Section 
53B-16-209
;
(c) Utah State University Eastern established under Section 
53B-18-1201
;
(d) Utah State University Blanding established under Section 
53B-18-1202
; or
(e) the Snow College Richfield campus established under Section 
53B-16-205
.
Section 29. Section 
53B-26-103
 is amended to read:
53B-26-103.
GO Utah office reporting requirement -- Proposals -- Funding.
(1) Every other year, the Governor's Office of Economic [
Development
] 
Opportunity
shall report to the Higher Education Appropriations Subcommittee and the board on the high
demand technical jobs projected to support economic growth in the following high need
strategic industry clusters:
(a) aerospace and defense;
(b) energy and natural resources;
(c) financial services;
(d) life sciences;
(e) outdoor products;
(f) software development and information technology; and
(g) any other strategic industry cluster designated by the Governor's Office of
Economic [
Development
] 
Opportunity
.
(2) To receive funding under this section, an eligible partnership shall submit a
proposal containing the elements described in Subsection (3) to the Higher Education
Appropriations Subcommittee on or before January 5 for fiscal year 2018 and any succeeding
fiscal year.
(3) A proposal described in Subsection (2) shall include:
(a) a program of instruction that:
(i) is responsive to the workforce needs of a strategic industry cluster described in
Subsection (1):
(A) in one CTE region, for a proposal submitted by a regional partnership; or
(B) in at least two CTE regions, for a proposal submitted by a statewide partnership;
(ii) leads to the attainment of a stackable sequence of credentials; and
(iii) includes a non-duplicative progression of courses that include both academic and
CTE content;
(b) expected student enrollment, attainment rates, and job placement rates;
(c) evidence of input and support for the proposal from an industry advisory group;
(d) a description of any financial or in-kind contributions for the program from an
industry advisory group;
(e) a description of the job opportunities available at each exit point in the stackable
sequence of credentials;
(f) evidence of an official action in support of the proposal from the board;
(g) if the program of instruction described in Subsection (3)(a) requires board approval
under Section 
53B-16-102
, evidence of board approval of the program of instruction; and
(h) a funding request, including justification for the request.
(4) The Higher Education Appropriations Subcommittee shall:
(a) review a proposal submitted under this section using the following criteria:
(i) the proposal contains the elements described in Subsection (3);
(ii) for a proposal from a regional partnership, support for the proposal is widespread
within the CTE region; and
(iii) the proposal expands the capacity to meet state or regional workforce needs;
(b) determine the extent to which to fund the proposal; and
(c) make a recommendation to the Legislature for funding the proposal through the
appropriations process.
(5) An eligible partnership that receives funding under this section:
(a) shall use the money to deliver the program of instruction described in the eligible
partnership's proposal; and
(b) may not use the money for administration.
Section 30. Section 
53B-26-303
 is amended to read:
53B-26-303.
Deep Technology Talent Advisory Council.
(1) There is created the Deep Technology Talent Advisory Council to make
recommendations to the board in the board's administration of the deep technology talent
initiative described in Section 
53B-26-302
.
(2) The advisory council shall consist of the following members:
(a) two members who have extensive experience in deep technology in the private
sector appointed by the president of the Senate;
(b) two members who have extensive experience in deep technology in the private
sector appointed by the speaker of the House of Representatives;
(c) a representative of the board appointed by the chair of the board;
(d) a representative of the Governor's Office of Economic [
Development
] 
Opportunity
appointed by the executive director of the Governor's Office of Economic [
Development
]
Opportunity
;
(e) one member of the Senate appointed by the president of the Senate;
(f) one member of the House of Representatives appointed by the speaker of the House
of Representatives; and
(g) other specialized industry experts who may be invited by a majority of the advisory
council to participate as needed as nonvoting members.
(3) The board shall provide staff support for the advisory council.
(4) (a) One of the advisory council members appointed under Subsection (2)(a) shall
serve an initial term of two years and one of the advisory council members appointed under
Subsection (2)(b) shall serve an initial term of two years.
(b) Except as described in Subsection (4)(a), all other advisory council members shall
serve an initial term of four years.
(c) Successor advisory council members upon appointment or reappointment shall each
serve a term of four years.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed by the initial appointing authority for the unexpired term.
(e) An advisory council member may not serve more than two consecutive terms.
(5) A vote of a majority of the advisory council members is necessary to take action on
behalf of the advisory council.
(6) The duties of the advisory council include reviewing, prioritizing, and making
recommendations to the board regarding proposals for funding under the deep technology
talent initiative described in Section 
53B-26-302
.
(7) A member may not receive compensation or benefits for the member's service, but
a member who is not a legislator may receive per diem and travel expenses in accordance with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 31. Section 
53B-30-101
 is enacted to read:
CHAPTER 30. CAREER READINESS ACT
Part 3. General Provisions
 53B-30-101.
Title.
This chapter is known as the "Career Readiness Act."
Section 32. Section 
53B-30-102
 is enacted to read:
 53B-30-102.
Definitions.
As used in this chapter:
(1) "Education provider" means:
(a) an institution of higher education listed in Section 
53B-2-101
; or
(b) a nonprofit Utah provider of postsecondary education.
(2) "Student user" means:
(a) a Utah student in kindergarten through grade 12;
(b) a Utah postsecondary education student;
(c) a parent or guardian of a Utah public education student; or
(d) a Utah potential postsecondary education student.
Section 33. Section 
53B-30-201
, which is renumbered from Section 63N-12-509 is
renumbered and amended to read:
Part 2. State Online Career Counseling
[
63N-12-509
].
 53B-30-201.
 State online career counseling program.
[
(1) As used in this section:
]
[
(a) "Education provider" means:
]
[
(i) a Utah institution of higher education as defined in Section 
53B-2-101
; or
]
[
(ii) a nonprofit Utah provider of postsecondary education.
]
[
(b) "Student user" means:
]
[
(i) a Utah student in kindergarten through grade 12;
]
[
(ii) a Utah post secondary education student;
]
[
(iii) a parent or guardian of a Utah public education student; or
]
[
(iv) a Utah potential post secondary education student.
]
[
(c) "Utah Futures" means a career planning program developed and administered by
the talent ready board.
]
(1) The board shall develop and administer a state online career counseling program in
accordance with this section.
(2) The [
talent ready
] board shall ensure, as funding allows and is feasible, that [
Utah
Futures will
] 
the program
:
(a) [
allow
] 
allows
 a student user to:
(i) access, subject to Subsection (3), information about an education provider or a
scholarship provider;
(ii) access information about different career opportunities and understand the related
educational requirements to enter that career;
(iii) access information about education providers;
(iv) access up to date information about entrance requirements to education providers;
and
[
(v) apply for entrance to multiple schools without having to fully replicate the
application process;
]
[
(vi) apply for loans, scholarships, or grants from multiple education providers in one
location without having to fully replicate the application process for multiple education
providers; and
]
[
(vii)
] 
(v)
 research open jobs from different companies within the user's career interest
and apply for those jobs without having to leave the website to do so;
(b) [
allow
] 
allows
 all users to:
(i) access information about different career opportunities and understand the related
educational requirements to enter that career;
(ii) access information about education providers; 
and
(iii) access up-to-date information about entrance requirements to education providers;
[
(iv) apply for entrance to multiple schools without having to fully replicate the
application process;
]
[
(v) apply for loans, scholarships, or grants from multiple education providers in one
location without having to fully replicate the application process for multiple education
providers; and
]
[
(vi) research open jobs from different companies within the user's career interest and
apply for those jobs without having to leave the website to do so;
]
(c) [
allow
] 
allows
 an education provider to:
(i) request that [
Utah Futures
] 
the program
 send information to student users who are
interested in various educational opportunities;
(ii) promote the education provider's programs and schools to student users; and
(iii) connect with student users within the [
Utah Futures
] 
program's
 website;
(d) [
allow
] 
allows
 a Utah business to:
(i) request that [
Utah Futures
] 
the program
 send information to student users who are
pursuing educational opportunities that are consistent with jobs the Utah business is trying to
fill now or in the future; and
(ii) market jobs and communicate with student users through the [
Utah Futures
]
program's
 website as allowed by law; 
and
(e) provide analysis and reporting on student user interests and education paths within
the education system[
; and
]
.
[
(f) allow all users of the Utah Futures' system to communicate and interact through
social networking tools within the Utah Futures website as allowed by law.
]
(3) A student may access information described in Subsection (2)(a)(i) only if [
Utah
Futures
] 
the program
 obtains written consent:
(a) of a student's parent or legal guardian through the student's school or LEA; or
(b) for a student who is age 18 or older or an emancipated minor, from the student.
(4) The [
talent ready
] board:
(a) may charge a fee to a Utah business for services provided by [
Utah Futures
] 
the
program
 under this section; and
(b) shall establish a fee described in Subsection (4)(a) in accordance with Section
63J-1-504
.
Section 34. Section 
54-4-41
 is amended to read:
54-4-41.
Recovery of investment in utility-owned vehicle charging infrastructure.
(1) As used in this section, "charging infrastructure program" means the program
described in Subsection (2).
(2) The commission shall authorize a large-scale electric utility program that:
(a) allows for funding from large-scale electric utility customers for a maximum of
$50,000,000 for all costs and expenses associated with:
(i) the deployment of utility-owned vehicle charging infrastructure; and
(ii) utility vehicle charging service provided by the large-scale electric utility;
(b) creates a new customer class, with a utility vehicle charging service rate structure
that:
(i) is determined by the commission to be in the public interest;
(ii) is a transitional rate structure expected to allow the large-scale electric utility to
recover, through charges to utility vehicle charging service customers, the large-scale electric
utility's full cost of service for utility-owned vehicle charging infrastructure and utility vehicle
charging service over a reasonable time frame determined by the commission; and
(iii) may allow different rates for large-scale electric utility customers to reflect
contributions to investment; and
(c) includes a transportation plan that promotes:
(i) the deployment of utility-owned vehicle charging infrastructure in the public
interest; and
(ii) the availability of utility vehicle charging service.
(3) Before submitting a proposed charging infrastructure program to the commission
for commission approval under Subsection (2), a large-scale electric utility shall seek and
consider input from:
(a) the Division of Public Utilities, established in Section 
54-4a-1
;
(b) the Office of Consumer Services, created in Section 
54-10a-201
;
(c) the Division of Air Quality, created in Section 
19-1-105
;
(d) the Department of Transportation, created in Section 
72-1-201
;
(e) the Governor's Office of Economic [
Development
] 
Opportunity
, created in Section
[
63N-1-201
] 
63N-1a-301
;
(f) the Office of Energy Development, created in Section 
63M-4-401
;
(g) the board of the Utah Inland Port Authority, created in Section 
11-58-201
;
(h) representatives of the Point of the Mountain State Land Development Authority,
created in Section 
11-59-201
;
(i) third-party electric vehicle battery charging service operators; and
(j) any other person who files a request for notice with the commission.
(4) The commission shall find a charging infrastructure program to be in the public
interest if the commission finds that the charging infrastructure program:
(a) increases the availability of electric vehicle battery charging service in the state;
(b) enables the significant deployment of infrastructure that supports electric vehicle
battery charging service and utility-owned vehicle charging infrastructure in a manner
reasonably expected to increase electric vehicle adoption;
(c) includes an evaluation of investments in the areas of the authority jurisdictional
land, as defined in Section 
11-58-102
, and the point of the mountain state land, as defined in
Section 
11-59-102
;
(d) enables competition, innovation, and customer choice in electric vehicle battery
charging services, while promoting low-cost services for electric vehicle battery charging
customers; and
(e) provides for ongoing coordination with the Department of Transportation, created
in Section 
72-1-201
.
(5) The commission may, consistent with Subsection (2), approve an amendment to the
charging infrastructure program if the large-scale electric utility demonstrates that the
amendment:
(a) is prudent;
(b) will provide net benefits to customers; and
(c) is otherwise consistent with the requirements of Subsection (2).
(6) The commission shall authorize recovery of a large-scale electric utility's
investment in utility-owned vehicle charging infrastructure through a balancing account or
other ratemaking treatment that reflects:
(a) charging infrastructure program costs associated with prudent investment, including
the large-scale electric utility's pre-tax average weighted cost of capital approved by the
commission in the large-scale electric utility's most recent general rate proceeding, and
associated revenue and prudently incurred expenses; and
(b) a carrying charge.
(7) A large-scale electric utility's investment in utility-owned vehicle charging
infrastructure is prudently made if the large-scale electric utility demonstrates in a formal
adjudicative proceeding before the commission that the investment can reasonably be
anticipated to:
(a) result in one or more projects that are in the public interest of the large-scale
electric utility's customers to reduce transportation sector emissions over a reasonable time
period as determined by the commission;
(b) provide the large-scale electric utility's customers significant benefits that may
include revenue from utility vehicle charging service that offsets the large-scale electric utility's
costs and expenses; and
(c) facilitate any other measure that the commission determines:
(i) promotes deployment of utility-owned vehicle charging infrastructure and utility
vehicle charging service; or
(ii) creates significant benefits in the long term for customers of the large-scale electric
utility.
(8) A large-scale electric utility that establishes and implements a charging
infrastructure program shall annually, on or before June 1, submit a written report to the Public
Utilities, Energy, and Technology Interim Committee of the Legislature about the charging
infrastructure program's activities during the previous calendar year, including information on:
(a) the charging infrastructure program's status, operation, funding, and benefits;
(b) the disposition of charging infrastructure program funds; and
(c) the charging infrastructure program's impact on rates.
Section 35. Section 
59-1-403
 is amended to read:
59-1-403.
Confidentiality -- Exceptions -- Penalty -- Application to property tax.
(1) (a) Any of the following may not divulge or make known in any manner any
information gained by that person from any return filed with the commission:
(i) a tax commissioner;
(ii) an agent, clerk, or other officer or employee of the commission; or
(iii) a representative, agent, clerk, or other officer or employee of any county, city, or
town.
(b) An official charged with the custody of a return filed with the commission is not
required to produce the return or evidence of anything contained in the return in any action or
proceeding in any court, except:
(i) in accordance with judicial order;
(ii) on behalf of the commission in any action or proceeding under:
(A) this title; or
(B) other law under which persons are required to file returns with the commission;
(iii) on behalf of the commission in any action or proceeding to which the commission
is a party; or
(iv) on behalf of any party to any action or proceeding under this title if the report or
facts shown by the return are directly involved in the action or proceeding.
(c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
pertinent to the action or proceeding.
(2) This section does not prohibit:
(a) a person or that person's duly authorized representative from receiving a copy of
any return or report filed in connection with that person's own tax;
(b) the publication of statistics as long as the statistics are classified to prevent the
identification of particular reports or returns; and
(c) the inspection by the attorney general or other legal representative of the state of the
report or return of any taxpayer:
(i) who brings action to set aside or review a tax based on the report or return;
(ii) against whom an action or proceeding is contemplated or has been instituted under
this title; or
(iii) against whom the state has an unsatisfied money judgment.
(3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, provide for a reciprocal exchange of information with:
(i) the United States Internal Revenue Service; or
(ii) the revenue service of any other state.
(b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
other written statements with the federal government, any other state, any of the political
subdivisions of another state, or any political subdivision of this state, except as limited by
Sections 
59-12-209
 and 
59-12-210
, if the political subdivision, other state, or the federal
government grant substantially similar privileges to this state.
(c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
identity and other information of taxpayers who have failed to file tax returns or to pay any tax
due.
(d) Notwithstanding Subsection (1), the commission shall provide to the director of the
Division of Environmental Response and Remediation, as defined in Section 
19-6-402
, as
requested by the director of the Division of Environmental Response and Remediation, any
records, returns, or other information filed with the commission under Chapter 13, Motor and
Special Fuel Tax Act, or Section 
19-6-410.5
 regarding the environmental assurance program
participation fee.
(e) Notwithstanding Subsection (1), at the request of any person the commission shall
provide that person sales and purchase volume data reported to the commission on a report,
return, or other information filed with the commission under:
(i) Chapter 13, Part 2, Motor Fuel; or
(ii) Chapter 13, Part 4, Aviation Fuel.
(f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
as defined in Section 
59-22-202
, the commission shall report to the manufacturer:
(i) the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the
manufacturer and reported to the commission for the previous calendar year under Section
59-14-407
; and
(ii) the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the
manufacturer for which a tax refund was granted during the previous calendar year under
Section 
59-14-401
 and reported to the commission under Subsection 
59-14-401
(1)(a)(v).
(g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
from selling cigarettes to consumers within the state under Subsection 
59-14-210
(2).
(h) Notwithstanding Subsection (1), the commission may:
(i) provide to the Division of Consumer Protection within the Department of
Commerce and the attorney general data:
(A) reported to the commission under Section 
59-14-212
; or
(B) related to a violation under Section 
59-14-211
; and
(ii) upon request, provide to any person data reported to the commission under
Subsections 
59-14-212
(1)(a) through (c) and Subsection 
59-14-212
(1)(g).
(i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
Management and Budget, provide to the committee or office the total amount of revenues
collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
time period specified by the committee or office.
(j) Notwithstanding Subsection (1), the commission shall make the directory required
by Section 
59-14-603
 available for public inspection.
(k) Notwithstanding Subsection (1), the commission may share information with
federal, state, or local agencies as provided in Subsection 
59-14-606
(3).
(l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
Recovery Services within the Department of Human Services any relevant information
obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
who has become obligated to the Office of Recovery Services.
(ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
Recovery Services to any other state's child support collection agency involved in enforcing
that support obligation.
(m) (i) Notwithstanding Subsection (1), upon request from the state court
administrator, the commission shall provide to the state court administrator, the name, address,
telephone number, county of residence, and social security number on resident returns filed
under Chapter 10, Individual Income Tax Act.
(ii) The state court administrator may use the information described in Subsection
(3)(m)(i) only as a source list for the master jury list described in Section 
78B-1-106
.
(n) (i) As used in this Subsection (3)(n):
(A) [
"GOED"
] 
"GO Utah office"
 means the Governor's Office of Economic
[
Development
] 
Opportunity
 created in Section [
63N-1-201
] 
63N-1a-301
.
(B) "Income tax information" means information gained by the commission that is
required to be attached to or included in a return filed with the commission under Chapter 7,
Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
(C) "Other tax information" means information gained by the commission that is
required to be attached to or included in a return filed with the commission except for a return
filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
Income Tax Act.
(D) "Tax information" means income tax information or other tax information.
(ii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
(3)(n)(ii)(B) or (C), the commission shall at the request of [
GOED
] 
the GO Utah office
 provide
to [
GOED
] 
the GO Utah office
 all income tax information.
(B) For purposes of a request for income tax information made under Subsection
(3)(n)(ii)(A), [
GOED
] 
the GO Utah office
 may not request and the commission may not
provide to [
GOED
] 
the GO Utah office
 a person's address, name, social security number, or
taxpayer identification number.
(C) In providing income tax information to [
GOED
] 
the GO Utah office
, the
commission shall in all instances protect the privacy of a person as required by Subsection
(3)(n)(ii)(B).
(iii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
(3)(n)(iii)(B), the commission shall at the request of [
GOED
] 
the GO Utah office
 provide to
[
GOED
] 
the GO Utah office
 other tax information.
(B) Before providing other tax information to [
GOED
] 
the GO Utah office
, the
commission shall redact or remove any name, address, social security number, or taxpayer
identification number.
(iv) [
GOED
] 
The GO Utah office
 may provide tax information received from the
commission in accordance with this Subsection (3)(n) only:
(A) as a fiscal estimate, fiscal note information, or statistical information; and
(B) if the tax information is classified to prevent the identification of a particular
return.
(v) (A) A person may not request tax information from [
GOED
] 
the GO Utah office
under Title 63G, Chapter 2, Government Records Access and Management Act, or this section,
if [
GOED
] 
the GO Utah office
 received the tax information from the commission in
accordance with this Subsection (3)(n).
(B) [
GOED
] 
The GO Utah office
 may not provide to a person that requests tax
information in accordance with Subsection (3)(n)(v)(A) any tax information other than the tax
information [
GOED
] 
the GO Utah office
 provides in accordance with Subsection (3)(n)(iv).
(o) Notwithstanding Subsection (1), the commission may provide to the governing
board of the agreement or a taxing official of another state, the District of Columbia, the United
States, or a territory of the United States:
(i) the following relating to an agreement sales and use tax:
(A) information contained in a return filed with the commission;
(B) information contained in a report filed with the commission;
(C) a schedule related to Subsection (3)(o)(i)(A) or (B); or
(D) a document filed with the commission; or
(ii) a report of an audit or investigation made with respect to an agreement sales and
use tax.
(p) Notwithstanding Subsection (1), the commission may provide information
concerning a taxpayer's state income tax return or state income tax withholding information to
the Driver License Division if the Driver License Division:
(i) requests the information; and
(ii) provides the commission with a signed release form from the taxpayer allowing the
Driver License Division access to the information.
(q) Notwithstanding Subsection (1), the commission shall provide to the Utah
Communications Authority, or a division of the Utah Communications Authority, the
information requested by the authority under Sections 
63H-7a-302
, 
63H-7a-402
, and
63H-7a-502
.
(r) Notwithstanding Subsection (1), the commission shall provide to the Utah
Educational Savings Plan information related to a resident or nonresident individual's
contribution to a Utah Educational Savings Plan account as designated on the resident or
nonresident's individual income tax return as provided under Section 
59-10-1313
.
(s) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
Sections 
26-18-2.5
 and 
26-40-105
, the commission shall provide an eligibility worker with the
Department of Health or its designee with the adjusted gross income of an individual if:
(i) an eligibility worker with the Department of Health or its designee requests the
information from the commission; and
(ii) the eligibility worker has complied with the identity verification and consent
provisions of Sections 
26-18-2.5
 and 
26-40-105
.
(t) Notwithstanding Subsection (1), the commission may provide to a county, as
determined by the commission, information declared on an individual income tax return in
accordance with Section 
59-10-103.1
 that relates to eligibility to claim a residential exemption
authorized under Section 
59-2-103
.
(u) Notwithstanding Subsection (1), the commission shall provide a report regarding
any access line provider that is over 90 days delinquent in payment to the commission of
amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
Telecommunications Service Charges, to the board of the Utah Communications Authority
created in Section 
63H-7a-201
.
(v) Notwithstanding Subsection (1), the commission shall provide the Department of
Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
previous calendar year under Section 
59-24-103.5
.
(w) Notwithstanding Subsection (1), the commission may, upon request, provide to the
Department of Workforce Services any information received under Chapter 10, Part 4,
Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
(x) Notwithstanding Subsection (1), the commission may provide the Public Service
Commission or the Division of Public Utilities information related to a seller that collects and
remits to the commission a charge described in Subsection 
69-2-405
(2), including the seller's
identity and the number of charges described in Subsection 
69-2-405
(2) that the seller collects.
(4) (a) Each report and return shall be preserved for at least three years.
(b) After the three-year period provided in Subsection (4)(a) the commission may
destroy a report or return.
(5) (a) Any individual who violates this section is guilty of a class A misdemeanor.
(b) If the individual described in Subsection (5)(a) is an officer or employee of the
state, the individual shall be dismissed from office and be disqualified from holding public
office in this state for a period of five years thereafter.
(c) Notwithstanding Subsection (5)(a) or (b), [
GOED
] 
the GO Utah office
, when
requesting information in accordance with Subsection (3)(n)(iii), or an individual who requests
information in accordance with Subsection (3)(n)(v):
(i) is not guilty of a class A misdemeanor; and
(ii) is not subject to:
(A) dismissal from office in accordance with Subsection (5)(b); or
(B) disqualification from holding public office in accordance with Subsection (5)(b).
(6) Except as provided in Section 
59-1-404
, this part does not apply to the property tax.
Section 36. Section 
59-7-159
 is amended to read:
59-7-159.
Review of credits allowed under this chapter.
(1) As used in this section, "committee" means the Revenue and Taxation Interim
Committee.
(2) (a) The committee shall review the tax credits described in this chapter as provided
in Subsection (3) and make recommendations concerning whether the tax credits should be
continued, modified, or repealed.
(b) In conducting the review required under Subsection (2)(a), the committee shall:
(i) schedule time on at least one committee agenda to conduct the review;
(ii) invite state agencies, individuals, and organizations concerned with the tax credit
under review to provide testimony;
(iii) (A) invite the Governor's Office of Economic [
Development
] 
Opportunity
 to
present a summary and analysis of the information for each tax credit regarding which the
Governor's Office of Economic [
Development
] 
Opportunity
 is required to make a report under
this chapter; and
(B) invite the Office of the Legislative Fiscal Analyst to present a summary and
analysis of the information for each tax credit regarding which the Office of the Legislative
Fiscal Analyst is required to make a report under this chapter;
(iv) ensure that the committee's recommendations described in this section include an
evaluation of:
(A) the cost of the tax credit to the state;
(B) the purpose and effectiveness of the tax credit; and
(C) the extent to which the state benefits from the tax credit; and
(v) undertake other review efforts as determined by the committee chairs or as
otherwise required by law.
(3) (a) On or before November 30, 2017, and every three years after 2017, the
committee shall conduct the review required under Subsection (2) of the tax credits allowed
under the following sections:
(i) Section 
59-7-601
;
(ii) Section 
59-7-607
;
(iii) Section 
59-7-612
;
(iv) Section 
59-7-614.1
; and
(v) Section 
59-7-614.5
.
(b) On or before November 30, 2018, and every three years after 2018, the committee
shall conduct the review required under Subsection (2) of the tax credits allowed under the
following sections:
(i) Section 
59-7-609
;
(ii) Section 
59-7-614.2
;
(iii) Section 
59-7-614.10
;
(iv) Section 
59-7-619
;
(v) Section 
59-7-620
; and
(vi) Section 
59-7-624
.
(c) On or before November 30, 2019, and every three years after 2019, the committee
shall conduct the review required under Subsection (2) of the tax credits allowed under the
following sections:
(i) Section 
59-7-610
;
(ii) Section 
59-7-614
; 
and
(iii) Section 
59-7-614.7
[
; and
]
.
[
(iv) Section 
59-7-618
.
]
(d) (i) In addition to the reviews described in this Subsection (3), the committee shall
conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
2017.
(ii) The committee shall complete a review described in this Subsection (3)(d) three
years after the effective date of the tax credit and every three years after the initial review date.
Section 37. Section 
59-7-614.2
 is amended to read:
59-7-614.2.
Refundable economic development tax credit.
(1) As used in this section:
(a) "Business entity" means a taxpayer that meets the definition of "business entity" as
defined in Section 
63N-2-103
.
(b) "Community reinvestment agency" means the same as that term is defined in
Section 
17C-1-102
.
(c) "Incremental job" means the same as that term is defined in Section 
63N-1a-102
.
[
(c)
] 
(d)
 "Local government entity" means the same as that term is defined in Section
63N-2-103
.
[
(d) "New incremental jobs" means the same as that term is defined in Section
63N-2-103
.
]
(e) "New state [
revenues
] 
revenue
" means the same as that term is defined in Section
[
63N-2-103
] 
63N-1a-102
.
(f) "Office" means the Governor's Office of Economic [
Development
] 
Opportunity
.
(2) Subject to the other provisions of this section, a business entity, local government
entity, or community reinvestment agency may claim a refundable tax credit for economic
development.
(3) The tax credit under this section is the amount listed as the tax credit amount on the
tax credit certificate that the office issues to the business entity, local government entity, or
community reinvestment agency for the taxable year.
(4) A community reinvestment agency may claim a tax credit under this section only if
a local government entity assigns the tax credit to the community reinvestment agency in
accordance with Section 
63N-2-104
.
(5) (a) In accordance with any rules prescribed by the commission under Subsection
(5)(b), the commission shall make a refund to the following that claim a tax credit under this
section:
(i) a local government entity;
(ii) a community reinvestment agency; or
(iii) a business entity if the amount of the tax credit exceeds the business entity's tax
liability for a taxable year.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules providing procedures for making a refund to a business entity,
local government entity, or community reinvestment agency as required by Subsection (5)(a).
(6) (a) In accordance with Section 
59-7-159
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) Except as provided in Subsection (6)(c), for purposes of the study required by this
Subsection (6), the office shall provide the following information, if available to the office, to
the Revenue and Taxation Interim Committee by electronic means:
(i) the amount of tax credit that the office grants to each business entity, local
government entity, or community reinvestment agency for each calendar year;
(ii) the criteria that the office uses in granting a tax credit;
(iii) (A) for a business entity, the new state [
revenues
] 
revenue
 generated by the
business entity for the calendar year; or
(B) for a local government entity, regardless of whether the local government entity
assigns the tax credit in accordance with Section 
63N-2-104
, the new state [
revenues
] 
revenue
generated as a result of a new commercial project within the local government entity for each
calendar year;
(iv) estimates for each of the next three calendar years of the following:
(A) the amount of tax credits that the office will grant;
(B) the amount of new state [
revenues
] 
revenue
 that will be generated; and
(C) the number of new incremental jobs within the state that will be generated;
(v) the information contained in the office's latest report under Section 
63N-2-106
; and
(vi) any other information that the Revenue and Taxation Interim Committee requests.
(c) (i) In providing the information described in Subsection (6)(b), the office shall
redact information that identifies a recipient of a tax credit under this section.
(ii) If, notwithstanding the redactions made under Subsection (6)(c)(i), reporting the
information described in Subsection (6)(b) might disclose the identity of a recipient of a tax
credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (6)(b) in the aggregate for all entities and
agencies that receive the tax credit under this section.
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (6)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the purpose and effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 38. Section 
59-7-614.5
 is amended to read:
59-7-614.5.
Refundable motion picture tax credit.
(1) As used in this section:
(a) "Motion picture company" means a taxpayer that meets the definition of a motion
picture company under Section 
63N-8-102
.
(b) "Office" means the Governor's Office of Economic [
Development
] 
Opportunity
created in Section [
63N-1-201
] 
63N-1a-301
.
(c) "State-approved production" means the same as that term is defined in Section
63N-8-102
.
(2) For a taxable year beginning on or after January 1, 2009, a motion picture company
may claim a refundable tax credit for a state-approved production.
(3) The tax credit under this section is the amount listed as the tax credit amount on the
tax credit certificate that the office issues to a motion picture company under Section
63N-8-103
 for the taxable year.
(4) (a) In accordance with any rules prescribed by the commission under Subsection
(4)(b), the commission shall make a refund to a motion picture company that claims a tax
credit under this section if the amount of the tax credit exceeds the motion picture company's
tax liability for a taxable year.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules providing procedures for making a refund to a motion picture
company as required by Subsection (4)(a).
(5) (a) In accordance with Section 
59-7-159
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
this Subsection (5), the office shall provide the following information, if available to the office,
to the Office of the Legislative Fiscal Analyst by electronic means:
(A) the amount of tax credit that the office grants to each motion picture company for
each calendar year;
(B) estimates of the amount of tax credit that the office will grant for each of the next
three calendar years;
(C) the criteria that the office uses in granting the tax credit;
(D) the dollars left in the state, as defined in Section 
63N-8-102
, by each motion
picture company for each calendar year;
(E) the information contained in the office's latest report under Section [
63N-8-105
]
63N-1a-306
; and
(F) any other information that the Office of the Legislative Fiscal Analyst requests.
(ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
redact information that identifies a recipient of a tax credit under this section.
(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (5)(b)(i) in the aggregate for all motion picture
companies that receive the tax credit under this section.
(c) As part of the study required by this Subsection (5), the Office of the Legislative
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
office under Subsection (5)(b).
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (5)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 39. Section 
59-7-614.10
 is amended to read:
59-7-614.10.
Nonrefundable enterprise zone tax credit.
(1) As used in this section:
(a) "Business entity" means a corporation that meets the definition of "business entity"
as that term is defined in Section 
63N-2-202
.
(b) "Office" means the Governor's Office of Economic [
Development
] 
Opportunity
created in Section [
63N-1-201
] 
63N-1a-301
.
(2) Subject to the provisions of this section, a business entity may claim a
nonrefundable enterprise zone tax credit as described in Section 
63N-2-213
.
(3) The enterprise zone tax credit under this section is the amount listed as the tax
credit amount on the tax credit certificate that the office issues to the business entity for the
taxable year.
(4) A business entity may carry forward a tax credit under this section for a period that
does not exceed the next three taxable years, if the amount of the tax credit exceeds the
business entity's tax liability under this chapter for that taxable year.
(5) A business entity may not claim or carry forward a tax credit under this part for a
taxable year during which the business entity has claimed the targeted business income tax
credit under Section 
59-7-624
.
(6) (a) In accordance with Section 
59-7-159
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
this Subsection (6), the office shall provide by electronic means the following information for
each calendar year to the Office of the Legislative Fiscal Analyst:
(A) the amount of tax credits provided in each development zone;
(B) the number of new full-time employee positions reported to obtain tax credits in
each development zone;
(C) the amount of tax credits awarded for rehabilitating a building in each development
zone;
(D) the amount of tax credits awarded for investing in a plant, equipment, or other
depreciable property in each development zone;
(E) the information related to the tax credit contained in the office's latest report under
Section 
63N-1-301
; and
(F) any other information that the Office of the Legislative Fiscal Analyst requests.
(ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
redact information that identifies a recipient of a tax credit under this section.
(B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (6)(b)(i) in the aggregate for all development
zones that receive the tax credit under this section.
(c) As part of the study required by this Subsection (6), the Office of the Legislative
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
office under Subsection (6)(b).
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (6)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the purpose and effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 40. Section 
59-7-621
 is amended to read:
59-7-621.
Nonrefundable rural job creation tax credit.
(1) As used in this section, "office" means the Governor's Office of Economic
[
Development
] 
Opportunity
 created in Section [
63N-1-201
] 
63N-1a-301
.
(2) Subject to the other provisions of this section, a taxpayer may claim a
nonrefundable tax credit for rural job creation as provided in this section.
(3) The tax credit under this section is the amount listed as the tax credit amount on a
tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
Act, to the taxpayer for the taxable year.
(4) A taxpayer may carry forward a tax credit under this section for the next seven
taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
chapter for the taxable year in which the taxpayer claims the tax credit.
Section 41. Section 
59-7-624
 is amended to read:
59-7-624.
Targeted business income tax credit.
(1) As used in this section, "business applicant" means the same as that term is defined
in Section 
63N-2-302
.
(2) A business applicant that is certified and issued a targeted business income tax
eligibility certificate by the Governor's Office of Economic [
Development
] 
Opportunity
 under
Section 
63N-2-304
 may claim a refundable tax credit in the amount specified on the targeted
business income tax eligibility certificate.
(3) For a taxable year for which a business applicant claims a targeted business income
tax credit under this section, the business applicant may not claim or carry forward a tax credit
under Section 
59-7-610
, Section 
59-10-1007
, or Title 63N, Chapter 2, Part 2, Enterprise Zone
Act.
Section 42. Section 
59-10-137
 is amended to read:
59-10-137.
Review of credits allowed under this chapter.
(1) As used in this section, "committee" means the Revenue and Taxation Interim
Committee.
(2) (a) The committee shall review the tax credits described in this chapter as provided
in Subsection (3) and make recommendations concerning whether the tax credits should be
continued, modified, or repealed.
(b) In conducting the review required under Subsection (2)(a), the committee shall:
(i) schedule time on at least one committee agenda to conduct the review;
(ii) invite state agencies, individuals, and organizations concerned with the tax credit
under review to provide testimony;
(iii) (A) invite the Governor's Office of Economic [
Development
] 
Opportunity
 to
present a summary and analysis of the information for each tax credit regarding which the
Governor's Office of Economic [
Development
] 
Opportunity
 is required to make a report under
this chapter; and
(B) invite the Office of the Legislative Fiscal Analyst to present a summary and
analysis of the information for each tax credit regarding which the Office of the Legislative
Fiscal Analyst is required to make a report under this chapter;
(iv) ensure that the committee's recommendations described in this section include an
evaluation of:
(A) the cost of the tax credit to the state;
(B) the purpose and effectiveness of the tax credit; and
(C) the extent to which the state benefits from the tax credit; and
(v) undertake other review efforts as determined by the committee chairs or as
otherwise required by law.
(3) (a) On or before November 30, 2017, and every three years after 2017, the
committee shall conduct the review required under Subsection (2) of the tax credits allowed
under the following sections:
(i) Section 
59-10-1004
;
(ii) Section 
59-10-1010
;
(iii) Section 
59-10-1015
;
(iv) Section 
59-10-1025
;
(v) Section 
59-10-1027
;
(vi) Section 
59-10-1031
;
(vii) Section 
59-10-1032
;
(viii) Section 
59-10-1035
;
(ix) Section 
59-10-1104
;
(x) Section 
59-10-1105
; and
(xi) Section 
59-10-1108
.
(b) On or before November 30, 2018, and every three years after 2018, the committee
shall conduct the review required under Subsection (2) of the tax credits allowed under the
following sections:
(i) Section 
59-10-1005
;
(ii) Section 
59-10-1006
;
(iii) Section 
59-10-1012
;
(iv) Section 
59-10-1022
;
(v) Section 
59-10-1023
;
(vi) Section 
59-10-1028
;
(vii) Section 
59-10-1034
;
(viii) Section 
59-10-1037
;
(ix) Section 
59-10-1107
; and
(x) Section 
59-10-1112
.
(c) On or before November 30, 2019, and every three years after 2019, the committee
shall conduct the review required under Subsection (2) of the tax credits allowed under the
following sections:
(i) Section 
59-10-1007
;
(ii) Section 
59-10-1014
;
(iii) Section 
59-10-1017
;
(iv) Section 
59-10-1018
;
(v) Section 
59-10-1019
;
(vi) Section 
59-10-1024
;
(vii) Section 
59-10-1029
;
[
(viii) Section 
59-10-1033
;
]
[
(ix)
] 
(viii)
 Section 
59-10-1036
;
[
(x)
] 
(ix)
 Section 
59-10-1106
; and
[
(xi)
] 
(x)
 Section 
59-10-1111
.
(d) (i) In addition to the reviews described in this Subsection (3), the committee shall
conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
2017.
(ii) The committee shall complete a review described in this Subsection (3)(d) three
years after the effective date of the tax credit and every three years after the initial review date.
Section 43. Section 
59-10-1037
 is amended to read:
59-10-1037.
Nonrefundable enterprise zone tax credit.
(1) As used in this section:
(a) "Business entity" means a claimant, estate, or trust that meets the definition of
"business entity" as that term is defined in Section 
63N-2-202
.
(b) "Office" means the Governor's Office of Economic [
Development
] 
Opportunity
created in Section [
63N-1-201
] 
63N-1a-301
.
(2) Subject to the provisions of this section, a business entity may claim a
nonrefundable enterprise zone tax credit as described in Section 
63N-2-213
.
(3) The enterprise zone tax credit under this section is the amount listed as the tax
credit amount on the tax credit certificate that the office issues to the business entity for the
taxable year.
(4) A business entity may carry forward a tax credit under this section for a period that
does not exceed the next three taxable years, if the amount of the tax credit exceeds the
business entity's tax liability under this chapter for that taxable year.
(5) A business entity may not claim or carry forward a tax credit under this part for a
taxable year during which the business entity has claimed the targeted business income tax
credit under Section 
59-10-1112
.
(6) (a) In accordance with Section 
59-10-137
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
this Subsection (6), the office shall provide by electronic means the following information, if
available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
(A) the amount of tax credits provided in each development zone;
(B) the number of new full-time employee positions reported to obtain tax credits in
each development zone;
(C) the amount of tax credits awarded for rehabilitating a building in each development
zone;
(D) the amount of tax credits awarded for investing in a plant, equipment, or other
depreciable property in each development zone;
(E) the information related to the tax credit contained in the office's latest report under
Section [
63N-1-301
] 
63N-1a-306
; and
(F) other information that the Office of the Legislative Fiscal Analyst requests.
(ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
redact information that identifies a recipient of a tax credit under this section.
(B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (6)(b)(i) in the aggregate for all development
zones that receive the tax credit under this section.
(c) As part of the study required by this Subsection (6), the Office of the Legislative
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
office under Subsection (6)(b).
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (6)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the purpose and effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 44. Section 
59-10-1038
 is amended to read:
59-10-1038.
Nonrefundable rural job creation tax credit.
(1) As used in this section, "office" means the Governor's Office of Economic
[
Development
] 
Opportunity
 created in Section [
63N-1-201
] 
63N-1a-301
.
(2) Subject to the other provisions of this section, a taxpayer may claim a
nonrefundable tax credit for rural job creation as provided in this section.
(3) The tax credit under this section is the amount listed as the tax credit amount on a
tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
Act, to the taxpayer for the taxable year.
(4) A taxpayer may carry forward a tax credit under this section for the next seven
taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
chapter for the taxable year in which the taxpayer claims the tax credit.
Section 45. Section 
59-10-1107
 is amended to read:
59-10-1107.
Refundable economic development tax credit.
(1) As used in this section:
(a) "Business entity" means a claimant, estate, or trust that meets the definition of
"business entity" as defined in Section 
63N-2-103
.
[
(b) "New incremental jobs" means the same as that term is defined in Section
63N-2-103
.
]
(b) "Incremental job" means the same as that term is defined in Section 
63N-1a-102
.
(c) "New state [
revenues
] 
revenue
" means the same as that term is defined in Section
[
63N-2-103
] 
63N-1a-102
.
(d) "Office" means the Governor's Office of Economic [
Development
] 
Opportunity
.
(2) Subject to the other provisions of this section, a business entity may claim a
refundable tax credit for economic development.
(3) The tax credit under this section is the amount listed as the tax credit amount on the
tax credit certificate that the office issues to the business entity for the taxable year.
(4) (a) In accordance with any rules prescribed by the commission under Subsection
(4)(b), the commission shall make a refund to a business entity that claims a tax credit under
this section if the amount of the tax credit exceeds the business entity's tax liability for a
taxable year.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules providing procedures for making a refund to a business entity as
required by Subsection (4)(a).
(5) (a) In accordance with Section 
59-10-137
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) Except as provided in Subsection (5)(c), for purposes of the study required by this
Subsection (5), the office shall provide the following information, if available to the office, to
the Revenue and Taxation Interim Committee by electronic means:
(i) the amount of tax credit the office grants to each taxpayer for each calendar year;
(ii) the criteria the office uses in granting a tax credit;
(iii) the new state [
revenues
] 
revenue
 generated by each taxpayer for each calendar
year;
(iv) estimates for each of the next three calendar years of the following:
(A) the amount of tax credits that the office will grant;
(B) the amount of new state [
revenues
] 
revenue
 that will be generated; and
(C) the number of new incremental jobs within the state that will be generated;
(v) the information contained in the office's latest report under Section 
63N-2-106
; and
(vi) any other information that the Revenue and Taxation Interim Committee requests.
(c) (i) In providing the information described in Subsection (5)(b), the office shall
redact information that identifies a recipient of a tax credit under this section.
(ii) If, notwithstanding the redactions made under Subsection (5)(c)(i), reporting the
information described in Subsection (5)(b) might disclose the identity of a recipient of a tax
credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (5)(b) in the aggregate for all taxpayers that
receive the tax credit under this section.
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (5)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the purpose and effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 46. Section 
59-10-1108
 is amended to read:
59-10-1108.
Refundable motion picture tax credit.
(1) As used in this section:
(a) "Motion picture company" means a claimant, estate, or trust that meets the
definition of a motion picture company under Section 
63N-8-102
.
(b) "Office" means the Governor's Office of Economic [
Development
] 
Opportunity
created in Section [
63N-1-201
] 
63N-1a-301
.
(c) "State-approved production" means the same as that term is defined in Section
63N-8-102
.
(2) For a taxable year beginning on or after January 1, 2009, a motion picture company
may claim a refundable tax credit for a state-approved production.
(3) The tax credit under this section is the amount listed as the tax credit amount on the
tax credit certificate that the office issues to a motion picture company under Section
63N-8-103
 for the taxable year.
(4) (a) In accordance with any rules prescribed by the commission under Subsection
(4)(b), the commission shall make a refund to a motion picture company that claims a tax
credit under this section if the amount of the tax credit exceeds the motion picture company's
tax liability for the taxable year.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules providing procedures for making a refund to a motion picture
company as required by Subsection (4)(a).
(5) (a) In accordance with Section 
59-10-137
, the Revenue and Taxation Interim
Committee shall study the tax credit allowed by this section and make recommendations
concerning whether the tax credit should be continued, modified, or repealed.
(b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
this Subsection (5), the office shall provide the following information, if available to the office,
to the Office of the Legislative Fiscal Analyst by electronic means:
(A) the amount of tax credit the office grants to each taxpayer for each calendar year;
(B) estimates of the amount of tax credit that the office will grant for each of the next
three calendar years;
(C) the criteria the office uses in granting a tax credit;
(D) the dollars left in the state, as defined in Section 
63N-8-102
, by each motion
picture company for each calendar year;
(E) the information contained in the office's latest report under Section 
63N-8-105
; and
(F) any other information that the Office of the Legislative Fiscal Analyst requests.
(ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
redact information that identifies a recipient of a tax credit under this section.
(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
provide the information described in Subsection (5)(b)(i) in the aggregate for all taxpayers that
receive the tax credit under this section.
(c) As part of the study required by this Subsection (5), the Office of the Legislative
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
office under Subsection (5)(b).
(d) The Revenue and Taxation Interim Committee shall ensure that the
recommendations described in Subsection (5)(a) include an evaluation of:
(i) the cost of the tax credit to the state;
(ii) the effectiveness of the tax credit; and
(iii) the extent to which the state benefits from the tax credit.
Section 47. Section 
59-10-1112
 is amended to read:
59-10-1112.
Targeted business income tax credit.
(1) As used in this section, "business applicant" means the same as that term is defined
in Section 
63N-2-302
.
(2) A business applicant that is certified and issued a targeted business income tax
eligibility certificate by the Governor's Office of Economic [
Development
] 
Opportunity
 under
Section 
63N-2-304
 may claim a refundable tax credit in the amount specified on the targeted
business income tax eligibility certificate.
(3) For a taxable year for which a business applicant claims a targeted business income
tax credit under this section, the business applicant may not claim or carry forward a tax credit
under Section 
59-7-610
, Section 
59-10-1007
, or Title 63N, Chapter 2, Part 2, Enterprise Zone
Act.
Section 48. Section 
63A-3-111
 is amended to read:
63A-3-111.
COVID-19 economic recovery programs reports.
(1) As used in this section:
(a) "COVID-19 economic recovery programs" means the programs created in:
(i) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program;
(ii) Subsection [
63N-12-508
] 
63N-1b-307
(3); and
(iii) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs.
(b) "Legislative committee" means:
(i) the president of the Senate;
(ii) the speaker of the House of Representatives;
(iii) the minority leader of the Senate; and
(iv) the minority leader of the House of Representatives.
(2) Upon receiving the reports required by Sections 
9-6-903
, 
63N-15-202
, and
63N-15-302
 and Subsection [
63N-12-508
] 
63N-1b-307
(3), the director, in conjunction with the
Division of Arts and Museums and the Governor's Office of Economic [
Development
]
Opportunity
, shall present to the legislative committee the COVID-19 economic recovery
programs.
(3) The legislative committee may make recommendations for adjustments to the
COVID-19 economic recovery programs.
Section 49. Section 
63B-18-401
 is amended to read:
63B-18-401.
Highway bonds -- Maximum amount -- Use of proceeds for highway
projects.
(1) (a) The total amount of bonds issued under this section may not exceed
$2,077,000,000.
(b) When the Department of Transportation certifies to the commission that the
requirements of Subsection 
72-2-124
(7) have been met and certifies the amount of bond
proceeds that it needs to provide funding for the projects described in Subsection (2) for the
next fiscal year, the commission may issue and sell general obligation bonds in an amount
equal to the certified amount plus costs of issuance.
(2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds
shall be provided to the Department of Transportation to pay all or part of the costs of the
following state highway construction or reconstruction projects:
(a) Interstate 15 reconstruction in Utah County;
(b) the Mountain View Corridor;
(c) the Southern Parkway; and
(d) state and federal highways prioritized by the Transportation Commission through:
(i) the prioritization process for new transportation capacity projects adopted under
Section 
72-1-304
; or
(ii) the state highway construction program.
(3) (a) Except as provided in Subsection (5), the bond proceeds issued under this
section shall be provided to the Department of Transportation.
(b) The Department of Transportation shall use bond proceeds and the funds provided
to it under Section 
72-2-124
 to pay for the costs of right-of-way acquisition, construction,
reconstruction, renovations, or improvements to the following highways:
(i) $35 million to add highway capacity on I-15 south of the Spanish Fork Main Street
interchange to Payson;
(ii) $28 million for improvements to Riverdale Road in Ogden;
(iii) $1 million for intersection improvements on S.R. 36 at South Mountain Road;
(iv) $2 million for capacity enhancements on S.R. 248 between Sidewinder Drive and
Richardson Flat Road;
(v) $12 million for Vineyard Connector from 800 North Geneva Road to Lake Shore
Road;
(vi) $7 million for 2600 South interchange modifications in Woods Cross;
(vii) $9 million for reconfiguring the 1100 South interchange on I-15 in Box Elder
County;
(viii) $18 million for the Provo west-side connector;
(ix) $8 million for interchange modifications on I-15 in the Layton area;
(x) $3,000,000 for an energy corridor study and environmental review for
improvements in the Uintah Basin;
(xi) $2,000,000 for highway improvements to Harrison Boulevard in Ogden City;
(xii) $2,500,000 to be provided to Tooele City for roads around the Utah State
University campus to create improved access to an institution of higher education;
(xiii) $3,000,000 to be provided to the Utah Office of Tourism within the Governor's
Office of Economic [
Development
] 
Opportunity
 for transportation infrastructure improvements
associated with annual tourism events that have:
(A) a significant economic development impact within the state; and
(B) significant needs for congestion mitigation;
(xiv) $4,500,000 to be provided to the Governor's Office of Economic [
Development
]
Opportunity
 for transportation infrastructure acquisitions and improvements that have a
significant economic development impact within the state;
(xv) $125,000,000 to pay all or part of the costs of state and federal highway
construction or reconstruction projects prioritized by the Transportation Commission through
the prioritization process for new transportation capacity projects adopted under Section
72-1-304
;
(xvi) $10,000,000 for the Transportation Fund to pay all or part of the costs of state
and federal highway construction or reconstruction projects as prioritized by the Transportation
Commission;
(xvii) $13,000,000 for corridor preservation and land acquisition for a transit hub at the
mouth of Big Cottonwood Canyon;
(xviii) $10,000,000 to be provided to the Governor's Office of Economic
[
Development
] 
Opportunity
 for transportation infrastructure and right-of-way acquisitions in a
project area created by the military installation development authority created in Section
63H-1-201
;
(xix) $28,000,000 for right-of-way or land acquisition, design, engineering, and
construction of infrastructure related to the Inland Port Authority created in Section 
11-58-201
;
(xx) $6,000,000 for right-of-way acquisition, design, engineering, and construction
related to Shepard Lane in Davis County; and
(xxi) $4,000,000 for right-of-way acquisition, design, engineering, and construction
costs related to 1600 North in Orem City.
(4) (a) The Department of Transportation shall use bond proceeds and the funds under
Section 
72-2-121
 to pay for, or to provide funds to, a municipality, county, or political
subdivision to pay for the costs of right-of-way acquisition, construction, reconstruction,
renovations, or improvements to the following highway or transit projects in Salt Lake County:
(i) $4,000,000 to Taylorsville City for bus rapid transit planning on 4700 South;
(ii) $4,200,000 to Taylorsville City for highway improvements on or surrounding 6200
South and pedestrian crossings and system connections;
(iii) $2,250,000 to Herriman City for highway improvements to the Salt Lake
Community College Road;
(iv) $5,300,000 to West Jordan City for highway improvements on 5600 West from
6200 South to 8600 South;
(v) $4,000,000 to West Jordan City for highway improvements to 7800 South from
1300 West to S.R. 111;
(vi) $7,300,000 to Sandy City for highway improvements on Monroe Street;
(vii) $3,000,000 to Draper City for highway improvements to 13490 South from 200
West to 700 West;
(viii) $5,000,000 to Draper City for highway improvements to Suncrest Road;
(ix) $1,200,000 to Murray City for highway improvements to 5900 South from State
Street to 900 East;
(x) $1,800,000 to Murray City for highway improvements to 1300 East;
(xi) $3,000,000 to South Salt Lake City for intersection improvements on West
Temple, Main Street, and State Street;
(xii) $2,000,000 to Salt Lake County for highway improvements to 5400 South from
5600 West to Mountain View Corridor;
(xiii) $3,000,000 to West Valley City for highway improvements to 6400 West from
Parkway Boulevard to SR-201 Frontage Road;
(xiv) $4,300,000 to West Valley City for highway improvements to 2400 South from
4800 West to 7200 West and pedestrian crossings;
(xv) $4,000,000 to Salt Lake City for highway improvements to 700 South from 2800
West to 5600 West;
(xvi) $2,750,000 to Riverton City for highway improvements to 4570 West from
12600 South to Riverton Boulevard;
(xvii) $1,950,000 to Cottonwood Heights for improvements to Union Park Avenue
from I-215 exit south to Creek Road and Wasatch Boulevard and Big Cottonwood Canyon;
(xviii) $1,300,000 to Cottonwood Heights for highway improvements to Bengal
Boulevard;
(xix) $1,500,000 to Midvale City for highway improvements to 7200 South from I-15
to 1000 West;
(xx) $1,000,000 to Bluffdale City for an environmental impact study on Porter
Rockwell Boulevard;
(xxi) $2,900,000 to the Utah Transit Authority for the following public transit studies:
(A) a circulator study; and
(B) a mountain transport study; and
(xxii) $1,000,000 to South Jordan City for highway improvements to 2700 West.
(b) (i) Before providing funds to a municipality or county under this Subsection (4), the
Department of Transportation shall obtain from the municipality or county:
(A) a written certification signed by the county or city mayor or the mayor's designee
certifying that the municipality or county will use the funds provided under this Subsection (4)
solely for the projects described in Subsection (4)(a); and
(B) other documents necessary to protect the state and the bondholders and to ensure
that all legal requirements are met.
(ii) Except as provided in Subsection (4)(c), by January 1 of each year, the municipality
or county receiving funds described in this Subsection (4) shall submit to the Department of
Transportation a statement of cash flow for the next fiscal year detailing the funds necessary to
pay project costs for the projects described in Subsection (4)(a).
(iii) After receiving the statement required under Subsection (4)(b)(ii) and after July 1,
the Department of Transportation shall provide funds to the municipality or county necessary to
pay project costs for the next fiscal year based upon the statement of cash flow submitted by
the municipality or county.
(iv) Upon the financial close of each project described in Subsection (4)(a), the
municipality or county receiving funds under this Subsection (4) shall submit a statement to the
Department of Transportation detailing the expenditure of funds received for each project.
(c) For calendar year 2012 only:
(i) the municipality or county shall submit to the Department of Transportation a
statement of cash flow as provided in Subsection (4)(b)(ii) as soon as possible; and
(ii) the Department of Transportation shall provide funds to the municipality or county
necessary to pay project costs based upon the statement of cash flow.
(5) Twenty million dollars of the bond proceeds issued under this section and funds
available under Section 
72-2-124
 shall be provided to the State Infrastructure Bank Fund
created by Section 
72-2-202
 to make funds available for transportation infrastructure loans and
transportation infrastructure assistance under Title 72, Chapter 2, Part 2, State Infrastructure
Bank Fund.
(6) The costs under Subsections (2), (3), and (4) may include the costs of studies
necessary to make transportation infrastructure improvements, the cost of acquiring land,
interests in land, easements and rights-of-way, improving sites, and making all improvements
necessary, incidental, or convenient to the facilities, interest estimated to accrue on these bonds
during the period to be covered by construction of the projects plus a period of six months after
the end of the construction period, interest estimated to accrue on any bond anticipation notes
issued under the authority of this title, and all related engineering, architectural, and legal fees.
(7) The commission or the state treasurer may make any statement of intent relating to
a reimbursement that is necessary or desirable to comply with federal tax law.
(8) The Department of Transportation may enter into agreements related to the projects
described in Subsections (2), (3), and (4) before the receipt of proceeds of bonds issued under
this section.
(9) The Department of Transportation may enter into a new or amend an existing
interlocal agreement related to the projects described in Subsections (3) and (4) to establish any
necessary covenants or requirements not otherwise provided for by law.
Section 50. Section 
63B-24-201
 is amended to read:
63B-24-201.
Authorizations to design and construct capital facilities using
institutional or agency funds.
(1) The Legislature intends that:
(a) the University of Utah may, subject to the requirements of Title 63A, Chapter 5b,
Administration of State Facilities, use up to $8,200,000 in institutional funds to plan, design,
and construct the William C. Browning Building Addition with up to 24,000 square feet;
(b) the university may not use state funds for any portion of this project; and
(c) the university may use state funds for operation and maintenance costs or capital
improvements.
(2) The Legislature intends that:
(a) Utah State University may, subject to the requirements of Title 63A, Chapter 5b,
Administration of State Facilities, use up to $10,000,000 in institutional funds to plan, design,
and construct the Fine Arts Complex Addition/Renovation with up to 17,000 square feet;
(b) the university may not use state funds for any portion of this project; and
(c) the university may use state funds for operation and maintenance costs or capital
improvements.
(3) The Legislature intends that:
(a) Salt Lake Community College may, subject to the requirements of Title 63A,
Chapter 5b, Administration of State Facilities, use up to $3,900,000 in institutional funds to
plan, design, and construct a Strength and Conditioning Center with up to 11,575 square feet;
(b) the college may not use state funds for any portion of this project; and
(c) the college may not request state funds for operation and maintenance costs or
capital improvements.
(4) The Legislature intends that:
(a) the Governor's Office of Economic [
Development
] 
Opportunity
 may, subject to the
requirements of Title 63A, Chapter 5b, Administration of State Facilities, use up to $1,800,000
in nonlapsing balances and donations to plan, design, and construct or lease a Southern Utah
Welcome Center with up to 5,000 square feet;
(b) the office may request additional state funds for the project, unless the office
receives donations and begins design or construction of the project; and
(c) the office may use state funds for operation and maintenance costs or capital
improvements.
Section 51. Section 
63C-17-103
 is amended to read:
63C-17-103.
Creation of Point of the Mountain Development Commission --
Members.
(1) There is created the Point of the Mountain Development Commission consisting of
the following 15 members:
(a) two members shall be members of the Senate appointed by the president of the
Senate;
(b) two members shall be members of the House of Representatives appointed by the
speaker of the House of Representatives;
(c) one member shall be the mayor of Lehi City, Utah, or the mayor's designee;
(d) one member shall be the mayor of Draper City, Utah, or the mayor's designee;
(e) one member shall be the mayor of Salt Lake County, or the mayor's designee;
(f) one member shall be an appointee of the Utah County Commission;
(g) two members shall be mayors of communities in or close to the project area who
shall be appointed by the Utah League of Cities and Towns;
(h) one member shall be an appointee of the Economic Development Corporation of
Utah;
(i) one member, who is a member of the Board of the Governor's Office of Economic
[
Development
] 
Opportunity
, shall be appointed by the governor; 
(j) one member, who is an employee of the Governor's Office of Economic
[
Development
] 
Opportunity
, shall be an appointee of the governor;
(k) one member shall be a member of the public, representing the school boards in or
close to the project area, jointly appointed by the president of the Senate and the speaker of the
House of Representatives; and 
(l) one member shall be a member of the public, representing the information
technology sector with a physical presence within the project area, jointly appointed by the
president of the Senate and the speaker of the House of Representatives.
(2) (a) The president of the Senate and the speaker of the House of Representatives
shall jointly designate a member of the Legislature appointed under Subsection (1)(a) or (b) as
a cochair of the commission.
(b) The governor shall designate a representative from the Governor's Office of
Economic [
Development
] 
Opportunity
 appointed under Subsection (1)(i) or (j) as a cochair of
the commission.
(3) Any vacancy shall be filled in the same manner under this section as the
appointment of the member whose vacancy is being filled.
(4) Each member of the commission shall serve until a successor is appointed and
qualified.
(5) A majority of members constitutes a quorum. The action of a majority of a quorum
constitutes the action of the commission.
Section 52. Section 
63C-17-105
 is amended to read:
63C-17-105.
Commission staff and expenses.
The Office of Legislative Research and General Counsel, in coordination with the
Governor's Office of Economic [
Development
] 
Opportunity
, shall provide staff support for the
commission.
Section 53. Section 
63G-21-102
 is amended to read:
63G-21-102.
Definitions.
As used in this chapter:
(1) "Designated agency" means:
(a) the Governor's Office of Economic [
Development
] 
Opportunity
;
(b) the Division of Wildlife Resources;
(c) the Department of Public Safety;
(d) the Department of Technology Services; or
(e) the Department of Workforce Services.
(2) (a) "State service" means a service or benefit regularly provided to the public by a
designated agency.
(b) "State service" includes:
(i) for the Governor's Office of Economic [
Development
] 
Opportunity
 or the
Department of Technology Services, public high-speed Internet access;
(ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
(iii) for the Department of Public Safety, fingerprinting, an online driver license
renewal, online appointment scheduling, an online motor vehicle record request, and an online
change of address with the Driver License Division; and
(iv) for the Department of Workforce Services, online job searches, verification of
submission for benefits administered by the Department of Workforce Services, online
unemployment applications, online food stamp applications, and online appointment
scheduling.
(3) "USPS" means the United States Postal Service.
Section 54. Section 
63G-21-201
 is amended to read:
63G-21-201.
Limited authorization to provide state services at post office
locations.
(1) If allowed by federal law, a designated agency may negotiate and enter into an
agreement with USPS that allows USPS to provide one or more state services at one or more
post office locations within the state.
(2) The designated agency shall ensure that the agreement described in Subsection (1)
includes:
(a) the term of the agreement, which may not extend beyond July 1, 2025;
(b) provisions to ensure the security of state data and resources;
(c) provisions to provide training to USPS employees on how to provide each state
service in the agreement;
(d) except as provided in Subsection (2)(e), provisions authorizing compensation to
USPS for at least 100% of attributable costs of all property and services that USPS provides
under the agreement; and
(e) if the agreement is between USPS and the Division of Wildlife Resources to sell
fishing, hunting, or trapping licenses, provisions requiring compliance with Section 
23-19-15
regarding wildlife license agents, including remuneration for services rendered.
(3) After one or more designated agencies enter into an agreement described in
Subsection (1), the Governor's Office of Economic [
Development
] 
Opportunity
 shall create a
marketing campaign to advertise and promote the availability of state services at each selected
USPS location.
Section 55. Section 
63H-1-801
 is amended to read:
63H-1-801.
Dissolution of authority -- Restrictions -- Filing copy of ordinance --
Authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless the authority has no outstanding bonded
indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
obligations with persons or entities other than the state.
(2) Upon the dissolution of the authority:
(a) the Governor's Office of Economic [
Development
] 
Opportunity
 shall publish a
notice of dissolution:
(i) in a newspaper of general circulation in the county in which the dissolved authority
is located; and
(ii) as required in Section 
45-1-101
; and
(b) all title to property owned by the authority vests in the state.
(3) The books, documents, records, papers, and seal of each dissolved authority shall
be deposited for safekeeping and reference with the state auditor.
(4) The authority shall pay all expenses of the deactivation and dissolution.
Section 56. Section 
63H-2-204
 is amended to read:
63H-2-204.
Dissolution of authority.
(1) Subject to the other provisions of this section, the board may dissolve the authority:
(a) if the board determines that the authority can no longer comply with the
requirements of this chapter; and
(b) by a vote of at least five members of the board.
(2) The authority may not be dissolved if the authority has any of the following:
(a) an outstanding bonded indebtedness;
(b) an unpaid loan, indebtedness, or advance; or
(c) a legally binding contractual obligation with a person other than the state.
(3) Upon the dissolution of the authority:
(a) the Governor's Office of Economic [
Development
] 
Opportunity
 shall publish a
notice of dissolution:
(i) in a newspaper of general circulation in each county in which a qualifying energy
delivery project is located; and
(ii) electronically, in accordance with Section 
45-1-101
;
(b) the authority shall deposit its records with the state auditor, to be retained for the
time period determined by the state auditor; and
(c) the assets of the authority shall revert to the state.
(4) The authority shall pay the expenses of dissolution and winding up the affairs of the
authority.
(5) If a dissolution under this section is part of a privatization of the authority, the
dissolution is subject to Title 63E, Chapter 1, Part 4, Privatization of Independent Entities.
Section 57. Section 
63I-1-235
 is amended to read:
63I-1-235.
Repeal dates, Title 35A.
[
(1) Subsection 
35A-1-109
(4)(c), related to the Talent Ready Utah Board, is repealed
January 1, 2023.
]
[
(2)
] 
(1)
 Subsection 
35A-1-202
(2)(d), related to the Child Care Advisory Committee, is
repealed July 1, 2021.
[
(3)
] 
(2)
 Section 
35A-3-205
, which creates the Child Care Advisory Committee, is
repealed July 1, 2021.
[
(4)
] 
(3)
 Subsection 
35A-4-312
(5)(p), describing information that may be disclosed to
the federal Wage and Hour Division, is repealed July 1, 2022.
[
(5)
] 
(4)
 Subsection 
35A-4-502
(5), which creates the Employment Advisory Council,
is repealed July 1, 2022.
[
(6)
] 
(5)
 Title 35A, Chapter 8, Part 22, Commission on Housing Affordability, is
repealed July 1, 2023.
[
(7)
] 
(6)
 Section 
35A-9-501
 is repealed January 1, 2023.
[
(8)
] 
(7)
 Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
January 1, 2025.
[
(9)
] 
(8)
 Sections 
35A-13-301
 and 
35A-13-302
, which create the Governor's
Committee on Employment of People with Disabilities, are repealed July 1, 2023.
[
(10)
] 
(9)
 Section 
35A-13-303
, which creates the State Rehabilitation Advisory
Council, is repealed July 1, 2024.
[
(11)
] 
(10)
 Section 
35A-13-404
, which creates the advisory council for the Division of
Services for the Blind and Visually Impaired, is repealed July 1, 2025.
[
(12)
] 
(11)
 Sections 
35A-13-603
 and 
35A-13-604
, which create the Interpreter
Certification Board, are repealed July 1, 2026.
Section 58. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Subsection 
63A-1-201
(1) is repealed;
(b) Subsection 
63A-1-202
(2)(c), the language "using criteria established by the board"
is repealed;
(c) Section 
63A-1-203
 is repealed;
(d) Subsections 
63A-1-204
(1) and (2), the language "After consultation with the board,
and" is repealed; and
(e) Subsection 
63A-1-204
(1)(b), the language "using the standards provided in
Subsection 
63A-1-203
(3)(c)" is repealed.
(2) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(3) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(4) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
(11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2025.
(12) Section 
63G-6a-805
, which creates the Purchasing from Persons with Disabilities
Advisory Board, is repealed July 1, 2026.
(13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2024.
(15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(16) Subsection 
63J-1-602.1
(14), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(17) (a) Subsection 
63J-1-602.1
(58), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(58), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(18) Subsection 
63J-1-602.2
(4), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(19) Subsection 
63J-1-602.2
(5), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(20) Subsection 
63J-1-602.2
(25), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(22) Subsection 
63J-4-608
(3), which creates the Federal Land Application Advisory
Committee, is repealed on July 1, 2021.
(23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-1.1
 and related provisions in
Subsections 
77-18-1
(5)(b)(iii) and (iv).".
(24) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
1, 2022.
(26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
[
(27) Subsection 
63N-1-301
(4)(c), related to the Talent Ready Utah Board, is repealed
January 1, 2023.
]
[
(28)
] 
(27)
 Title 63N, Chapter 1, Part 5, Governor's Economic Development
Coordinating Council, is repealed July 1, 2024.
[
(29)
] 
(28)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(30)
] 
(29)
 Section 
63N-2-512
 is repealed July 1, 2021.
[
(31)
] 
(30)
 (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection [
(31)
] 
(30)
(b), an entity may carry forward a tax credit
in accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
[
(32) Subsections 
63N-3-109
(2)(e) and 
63N-3-109
(2)(f)(i) are repealed July 1, 2023.
]
[
(33)
] 
(31)
 Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
repealed July 1, 2023.
[
(34)
] 
(32)
 Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed
July 1, 2025.
[
(35)
] 
(33)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, [
] 
.
[
(36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2023.
]
Section 59. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) On July 1, 2020:
(a) Subsection 
63A-1-203
(5)(a)(i) is repealed; and
(b) in Subsection 
63A-1-203
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
(2) Section 
63A-3-111
 is repealed June 30, 2021.
(3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2021.
(4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
Commission is repealed July 1, 2023.
(5) The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2022:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
(6) Subsections 
63G-6a-802
(1)(d) and 
63G-6a-802
(3)(b)(iii), regarding a procurement
relating to a vice presidential debate, are repealed January 1, 2021.
(7) In relation to the State Fair Park Committee, on January 1, 2021:
(a) Section 
63H-6-104.5
 is repealed; and
(b) Subsections 
63H-6-104
(8) and (9) are repealed.
(8) Section 
63H-7a-303
 is repealed July 1, 2024.
(9) Subsection 
63J-1-206
(3)(c), relating to coronavirus, is repealed July 1, 2021.
(10) In relation to the Employability to Careers Program Board, on July 1, 2022:
(a) Subsection 
63J-1-602.1
(57) is repealed;
(b) Subsection 
63J-4-301
(1)(h), related to the review of data and metrics, is repealed;
and
(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
(11) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program
Act, is repealed January 1, 2022.
(12) Sections 
63M-7-213
 and 
63M-7-213.5
 are repealed on January 1, 2023.
(13) Subsection [
63N-12-508
(3)
] 
63N-1b-307
(3), which allows the Governor's Office
of Economic Opportunity to respond to the COVID-19 pandemic by directing financial grants
to institutions of higher education,
 is repealed December 31, 2021.
(14) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act, is
repealed January 1, 2024.
(15) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is repealed
December 31, 2021.
Section 60. Section 
63J-4-301
 is amended to read:
63J-4-301.
Duties of the executive director and office.
(1) The executive director and the office shall:
(a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
Procedures Act;
(b) under the direct supervision of the governor, assist the governor in the preparation
of the governor's budget recommendations;
(c) review agency budget execution plans as specified in Section 
63J-1-209
;
(d) establish benchmarking practices for measuring operational costs, quality of
service, and effectiveness across all state agencies and programs;
(e) assist agencies with the development of an operational plan that uses continuous
improvement tools and operational metrics to increase statewide capacity and improve
interagency integration;
(f) review and assess agency budget requests and expenditures using a clear set of goals
and measures;
(g) develop and maintain enterprise portfolio and electronic information systems to
select and oversee the execution of projects, ensure a return on investment, and trace and report
performance metrics;
(h) coordinate with the executive directors of the Department of Workforce Services
and the Governor's Office of Economic [
Development
] 
Opportunity
 to review data and metrics
to be reported to the Legislature as described in Subsection 
63J-4-708
(2)(d); and
(i) perform other duties and responsibilities as assigned by the governor.
(2) (a) The executive director of the Governor's Office of Management and Budget or
the executive director's designee is the Federal Assistance Management Officer.
(b) In acting as the Federal Assistance Management Officer, the executive director or
designee shall:
(i) study the administration and effect of federal assistance programs in the state and
advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
the Executive Appropriations Committee, of alternative recommended methods and procedures
for the administration of these programs;
(ii) assist in the coordination of federal assistance programs that involve or are
administered by more than one state agency; and
(iii) analyze and advise on applications for new federal assistance programs submitted
to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
Section 61. Section 
63J-4-708
 is amended to read:
63J-4-708.
Reporting.
(1) On or before October 1, the board shall provide an annual written report to the
Social Services Appropriations Subcommittee, the Economic Development and Workforce
Services Interim Committee, and the [
Talent Ready Utah Board created in Section
63N-12-503
] 
Talent, Education, and Industry Alignment Subcommittee created in Section
63N-1b-301
.
(2) The written report shall include:
(a) information regarding the fiscal intermediary, the programmatic intermediary, the
eligible program provider, and the independent evaluator that have been selected;
(b) the results of the feasibility analysis conducted in accordance with Section
63J-4-706
;
(c) information regarding how many eligible participants have been served by the
education, employability training, and workforce placement program;
(d) data and metrics:
(i) used to measure the progress, performance, effectiveness, and scope of the
Employability to Careers Program, including summary data; and
(ii) that are consistent and comparable for each state operation, activity, program, or
service that primarily involves employment training or placement as determined by the
executive directors of the office, the Department of Workforce Services, and the Governor's
Office of Economic [
Development
] 
Opportunity
;
(e) a description of program expenses, including what payments have been made to the
intermediary and the cost to the state for each successful eligible participant outcome; and
(f) recommendations to the Legislature on any potential improvements to the
Employability to Careers Program, including whether the program should continue to receive
funding from the state.
Section 62. Section 
63L-2-301
 is amended to read:
63L-2-301.
Promoting or lobbying for a federal designation within the state.
(1) As used in this section:
(a) "Federal designation" means the designation of a:
(i) national monument;
(ii) national conservation area;
(iii) wilderness area or wilderness study area;
(iv) area of critical environmental concern;
(v) research natural area; or
(vi) national recreation area.
(b) (i) "Governmental entity" means:
(A) a state-funded institution of higher education or public education;
(B) a political subdivision of the state;
(C) an office, agency, board, bureau, committee, department, advisory board, or
commission that the government funds or establishes to carry out the public's business,
regardless of whether the office, agency board, bureau, committee, department, advisory board,
or commission is composed entirely of public officials or employees;
(D) an interlocal entity as defined in Section 
11-13-103
 or a joint or cooperative
undertaking as defined in Section 
11-13-103
;
(E) a governmental nonprofit corporation as defined in Section 
11-13a-102
; or
(F) an association as defined in Section 
53G-7-1101
.
(ii) "Governmental entity" does not mean:
(A) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(B) the School and Institutional Trust Lands Board of Trustees created in Section
53C-1-202
;
(C) the Office of the Governor;
(D) the Governor's Office of Management and Budget created in Section 
63J-4-201
;
(E) the Public Lands Policy Coordinating Office created in Section 
63J-4-602
;
(F) the Office of Energy Development created in Section 
63M-4-401
; or
(G) the Governor's Office of Economic [
Development
] 
Opportunity
 created in Section
[
63N-1-201
] 
63N-1a-301
, including the [
Office of Tourism and the Utah Office of Outdoor
Recreation created in Section 
63N-9-104
] 
Talent, Education, and Industry Alignment
Subcommittee created in Section 
63N-1b-301
.
(2) (a) A governmental entity, or a person a governmental entity employs and
designates as a representative, may investigate the possibility of a federal designation within
the state.
(b) A governmental entity that intends to advocate for a federal designation within the
state shall:
(i) notify the chairs of the following committees before the introduction of federal
legislation:
(A) the Natural Resources, Agriculture, and Environment Interim Committee, if
constituted, and the Federalism Commission; or
(B) if the notice is given during a General Session, the House and Senate Natural
Resources, Agriculture, and Environment Standing Committees; and
(ii) upon request of the chairs, meet with the relevant committee to review the proposal.
(3) This section does not apply to a political subdivision supporting a federal
designation if the federal designation:
(a) applies to 5,000 acres or less; and
(b) has an economical or historical benefit to the political subdivision.
Section 63. Section 
63M-5-306
 is amended to read:
63M-5-306.
Financial impact statement -- Alleviation plan -- Filing required --
Contents -- Payments credited against tax -- Provisions neither exclusive nor mandatory.
(1) (a) A developer desiring to prepay ad valorem property taxes under Section
63M-5-201
 shall first prepare and file with the Governor's Office of Economic [
Development
]
Opportunity
 and all units of local government likely to be affected with a significant financial
impact due to a natural resource or industrial facility a financial impact statement together with
a plan for alleviating these impacts.
(b) The impact statement and the alleviation plan shall be prepared in cooperation with
and after consultation with the Governor's Office of Economic [
Development
] 
Opportunity
 and
the affected units of local government.
(c) The financial impact statement shall assess the projected financial impact on state
agencies and units of local government, including the impact on transportation systems,
culinary water systems, waste treatment facilities, public safety, schools, public health,
housing, planning and zoning, and general government administration.
(d) The alleviation plan shall set out proposals for alleviating the impact and may
include payments to local units of government or direct expenditures by the developer to
alleviate the impact.
(e) The impact statement and the alleviation plan may be amended by the developer in
cooperation with and after consultation with the Governor's Office of Economic
[
Development
] 
Opportunity
 and those units of local government affected by the amendment.
(2) At least 90 days prior to commencement of construction of an industrial facility or
natural resources facility by a major developer, an impact statement and alleviation plan as
described in Subsection (1) shall be filed by the major developer whether or not the major
developer desires to prepay ad valorem property taxes.
(3) (a) Upon the filing of the financial impact statement and alleviation plan, a
developer may apply to the governing body of the affected unit of local government for
authorization to prepay a portion of the anticipated ad valorem property taxes to be expended
consistent with the alleviation plan.
(b) This authorization may provide that only a portion of the amounts so prepaid can be
applied against the ad valorem property taxes due in any given year.
(c) In addition to payments directly to the affected unit of local government, an affected
unit of local government may authorize a tax credit on anticipated ad valorem property taxes
for expenditures made by the developer to other persons so long as the expenditure is
consistent with the alleviation plan.
(4) (a) This chapter is designed to provide an additional mechanism for the alleviation
of impacts on units of local government and is not intended to discourage the use of other
mechanisms as may be available.
(b) Nothing in this chapter requires a developer to prepay ad valorem property taxes or
to make any other expenditure not otherwise required by law.
Section 64. Section 
63M-6-201
 is amended to read:
63M-6-201.
Acquisition of easements -- Restrictions -- Resale.
(1) (a) The Governor's Office of Economic [
Development
] 
Opportunity
 shall acquire,
by purchase or condemnation, easements for the establishment, maintenance, and operation of
a restrictive use area for the operation of aircraft to and from Hill Air Force Base because:
(i) Hill Air Force Base is a military installation of vital importance to security of the
United States of America and to the economic well-being of the citizens of Utah;
(ii) there are certain portions of land around the entire base that are being developed for
residential and other uses that are incompatible with current and future operations of the base
because of noise, health, safety, and accident reasons; and
(iii) it is the purpose of this chapter for the state to acquire those easements restricting
the use of those lands and the air space above them in order to assure the continued operation
of Hill Air Force Base as an active military base and to protect the health, safety, and economic
well-being of the citizens of Utah.
(b) The Governor's Office of Economic [
Development
] 
Opportunity
 may delegate its
power to purchase or condemn easements under this subsection to other state agencies if the
department ensures that those agencies comply with the procedures and requirements of this
chapter.
(2) (a) The Governor's Office of Economic [
Development
] 
Opportunity
 shall ensure
that the easements restrict the land from those uses identified in the Hill Air Force Base
AICUZ Land Use Compatibility Guidelines Study, as amended, dated October, 1982, as not
being acceptable.
(b) The Governor's Office of Economic [
Development
] 
Opportunity
 may allow certain
other uses not prohibited by those guidelines if those uses are consistent with the purpose of
this chapter.
(c) Nothing in this chapter may be construed to authorize the Governor's Office of
Economic [
Development
] 
Opportunity
 or any other state agency to:
(i) acquire any ownership interest in real property other than an easement restricting the
land from future uses inconsistent with the Hill Air Force Base AICUZ Land Use
Compatibility Guidelines Study, as amended, dated October 1982;
(ii) purchase businesses; or
(iii) require people to relocate or move from their property.
(d) To calculate the purchase price for the easements, the Governor's Office of
Economic [
Development
] 
Opportunity
 shall subtract the market value of the real property and
its improvements after the acquisition of the easements from the market value of the real
property and its improvements before the acquisition of the easements.
(e) When the Hill Air Force Base runways have not been used for seven years to
accommodate the arrival and departure of airplanes, the Governor's Office of Economic
[
Development
] 
Opportunity
 shall:
(i) notify by certified mail each current owner of the property to which each easement
is attached;
(ii) inform that owner that the owner may purchase the easement from the state for the
same price that the state paid for it originally or for the market value of the easement at the
time of the buyback, whichever is smaller; and
(iii) sell the easement to the owner of the property to which the easement is attached if
the owner tenders the purchase price.
(f) In addition to purchasing the easements required by this chapter, the Governor's
Office of Economic [
Development
] 
Opportunity
 may provide reasonable relocation expenses to
all churches, businesses, and schools that, as of March 1, 1994, were located either within the
north Hill Air Force Base accident potential zone (APZ) identified in Subsection
63M-6-202
(1)(a) or within the south Hill Air Force Base accident potential zone (APZ)
identified in Subsection 
63M-6-202
(1)(b) if those churches, businesses, and schools can
reasonably demonstrate that expansion of the use would have been permitted before acquisition
of the easements but is now prohibited because of the easement.
(3) (a) The Governor's Office of Economic [
Development
] 
Opportunity
 may take
action to enforce the provisions of this chapter.
(b) The attorney general shall represent the Governor's Office of Economic
[
Development
] 
Opportunity
 in that action.
Section 65. Section 
63M-6-202
 is amended to read:
63M-6-202.
Location of easements.
(1) The Governor's Office of Economic [
Development
] 
Opportunity
 or its designees
may acquire easements on the land within the following boundaries:
(a) beginning on the north Hill Air Force Base accident potential zone (APZ) at a point
which is North 1,089,743.170 meters and East 459,346.946 meters based on the North zone,
State of Utah, NAD 83 coordinates and runs north to North 63 degrees 10 minutes 44 seconds,
East 457.109 meters, North 26 degrees 49 minutes 16 seconds, West 3,352.129 meters, South
63 degrees 10 minutes 44 seconds, West 914.217 meters, South 26 degrees 49 minutes 16
seconds, East 3,352.129 meters, North 63 degrees 10 minutes 44 seconds, East 457.109 meters
back to the point of beginning; and
(b) beginning on the south Hill Air Force Base APZ which is North 1,086,065.786
meters and East 461,206.222 meters based on the North zone, State of Utah, NAD 83
coordinates and runs South 63 degrees 10 minutes 44 seconds, West 457.109 meters, South 26
degrees 49 minutes 16 seconds, East 502.179 meters, South 0 degrees 20 minutes 35 seconds,
West 1,722.227 meters, South 89 degrees 39 minutes 25 seconds, East 883.743 meters, North
63 degrees 10 minutes 44 seconds, East 914.217 meters, North 26 degrees 49 minutes 16
seconds, West 2,437.912 meters, South 63 degrees 10 minutes 44 seconds, West 457.109
meters back to the point of beginning.
(2) The Governor's Office of Economic [
Development
] 
Opportunity
 or its designees
may acquire easements on the following land that is located inside the 75 and 80 level
day-night (LDN) noise contour as identified in the Hill Air Force Base AICUZ Land Use
Compatibility Guidelines Study, as amended, dated October, 1982:
(a) in the west half of Section 3, T4NR1W;
(b) in the east half of Section 4, T4NR1W;
(c) in the northeast quarter of Section 8, T4NR1W;
(d) within all of Section 9, T4NR1W;
(e) in the northwest quarter of Section 10, T4NR1W;
(f) within the southwest quarter of Section 19, T5NR1W;
(g) in the south half of Section 20, T5NR1W;
(h) within the southwest quarter of Section 28, T5NR1W; and
(i) within Section 29, T5NR1W.
Section 66. Section 
63M-6-203
 is amended to read:
63M-6-203.
Certain improvements, alterations, and expansions prohibited.
(1) A person or entity may not begin to develop, or authorize development, on any land
identified in this chapter until the Governor's Office of Economic [
Development
] 
Opportunity
has affirmatively authorized the development of the land because the development is consistent
with those uses identified in the Hill Air Force Base AICUZ Land Use Compatibility
Guidelines Study, as amended, dated October 1982.
(2) Nothing in this chapter prohibits any property owner from improving, altering, or
expanding any existing residential or commercial use of the property owner's property so long
as the improvement, alteration, or expansion does not materially increase the human density of
that present use.
Section 67. Section 
63M-11-201
 is amended to read:
63M-11-201.
Composition -- Appointments -- Terms -- Removal.
(1) The commission shall be composed of 20 voting members as follows:
(a) the executive director of the Department of Health;
(b) the executive director of the Department of Human Services;
(c) the executive director of the Governor's Office of Economic [
Development
]
Opportunity
;
(d) the executive director of the Department of Workforce Services; and
(e) 16 voting members, appointed by the governor, representing each of the following:
(i) the Utah Association of Area Agencies on Aging;
(ii) higher education in Utah;
(iii) the business community;
(iv) the Utah Association of Counties;
(v) the Utah League of Cities and Towns;
(vi) charitable organizations;
(vii) the health care provider industry;
(viii) financial institutions;
(ix) the legal profession;
(x) the public safety sector;
(xi) public transportation;
(xii) ethnic minorities;
(xiii) the industry that provides long-term care for the elderly;
(xiv) organizations or associations that advocate for the aging population;
(xv) the Alzheimer's Association; and
(xvi) the general public.
(2) (a) A member appointed under Subsection (1)(e) shall serve a two-year term.
(b) Notwithstanding the term requirements of Subsection (2)(a), the governor may
adjust the length of the initial commission members' terms to ensure that the terms are
staggered so that approximately 1/2 of the members appointed under Subsection (1)(e) are
appointed each year.
(c) When, for any reason, a vacancy occurs in a position appointed by the governor
under Subsection (1)(e), the governor shall appoint a person to fill the vacancy for the
unexpired term of the commission member being replaced.
(d) Members appointed under Subsection (1)(e) may be removed by the governor for
cause.
(e) A member appointed under Subsection (1)(e) shall be removed from the
commission and replaced by the governor if the member is absent for three consecutive
meetings of the commission without being excused by the chair of the commission.
(3) In appointing the members under Subsection (1)(e), the governor shall:
(a) take into account the geographical makeup of the commission; and
(b) strive to appoint members who are knowledgeable or have an interest in issues
relating to the aging population.
Section 68. Section 
63N-1a-101
, which is renumbered from Section 63N-1-101 is
renumbered and amended to read:
TITLE 63N. ECONOMIC OPPORTUNITY ACT
CHAPTER 1a. ECONOMIC OPPORTUNITY ORGANIZATION
Part 1. General Provisions
[
63N-1-101
].
 63N-1a-101.
Title.
(1) This title is known as the [
"Governor's Office of Economic Development."
]
"Economic Opportunity Act."
(2) This chapter is known as [
"GOED General Provisions."
] 
"Economic Opportunity
Organization."
Section 69. Section 
63N-1a-102
, which is renumbered from Section 63N-1-102 is
renumbered and amended to read:
[
63N-1-102
].
 63N-1a-102.
Definitions.
As used in this title:
(1) "Baseline jobs" means the number of full-time employee positions that existed
within a business entity in the state before the date on which a project related to the business
entity is approved by the office or by the 
GO Utah
 board.
(2) "Baseline state revenue" means the amount of state tax revenue collected from a
business entity or the employees of a business entity during the year before the date on which a
project related to the business entity is approved by the office or by the 
GO Utah
 board.
[
(3) "Board" means the Board of Business and Economic Development created in
Section 
63N-1-401
.
]
[
(4) "Council" means the Governor's Economic Development Coordinating Council
created in Section 
63N-1-501
.
]
(3) "Commission" means the Unified Economic Opportunity Commission created in
Section 
63N-1a-201
.
(4) "Economic opportunity agency" includes:
(a) the Department of Workforce Services;
(b) the Department of Heritage and Arts;
(c) the Department of Commerce;
(d) the Department of Natural Resources;
(e) the Office of Energy Development;
(f) the State Board of Education;
(g) institutions of higher education;
(h) the Utah Multicultural Commission;
(i) the World Trade Center Utah;
(j) local government entities;
(k) associations of governments;
(l) the Utah League of Cities and Towns;
(m) the Utah Association of Counties;
(n) the Economic Development Corporation of Utah;
(o) the Small Business Administration;
(p) chambers of commerce;
(q) industry associations;
(r) small business development centers; and
(s) other entities identified by the commission or the executive director.
(5) "Executive director" means the executive director of the office.
(6) "Full-time employee" means an employment position that is filled by an employee
who works at least 30 hours per week and:
(a) may include an employment position filled by more than one employee, if each
employee who works less than 30 hours per week is provided benefits comparable to a
full-time employee; and
(b) may not include an employment position that is shifted from one jurisdiction in the
state to another jurisdiction in the state.
(7) "GO Utah board" means the Business and Economic Development Subcommittee
created in Section 
63N-1b-202
.
[
(7)
] 
(8)
 "High paying job" means a newly created full-time employee position where
the aggregate average annual gross wage of the employment position, not including health care
or other paid or unpaid benefits, is [
at least
]
:
(a) at least
 110% of the average wage of the county in which the employment position
exists[
.
]
; or
(b) for an employment position related to a project described in Chapter 2, Part 1,
Economic Development Tax Increment Financing, and that is located within the boundary of a
county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of
the second class and where the municipality has a population of 10,000 or less:
(i) at least 100% of the average wage of the county in which the employment position
exists; or
(ii) an amount determined by rule made by the office in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a
county experiencing economic distress.
[
(8)
] 
(9) (a)
 "Incremental job" means a full-time employment position in the state that:
[
(a)
] 
(i)
 did not exist within a business entity in the state before the beginning of a
project related to the business entity; and
[
(b)
] 
(ii)
 is created in addition to the number of baseline jobs that existed within a
business entity.
(b) "Incremental job" includes a full-time employment position where the employee is
hired:
(i) directly by a business entity; or
(ii) by a professional employer organization, as defined in Section 
31A-40-102
, on
behalf of a business entity.
[
(9)
] 
(10)
 "New state revenue" means the state revenue collected from a business entity
or a business entity's employees during a calendar year minus the baseline state revenue
calculation.
[
(10)
] 
(11)
 "Office" or [
"GOED"
] 
"GO Utah office"
 means the Governor's Office of
Economic [
Development
] 
Opportunity
.
[
(11)
] 
(12)
 "State revenue" means state tax liability paid by a business entity or a
business entity's employees under any combination of the following provisions:
(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
Information;
(c) Title 59, Chapter 10, Part 2, Trusts and Estates;
(d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
(e) Title 59, Chapter 12, Sales and Use Tax Act.
(13) "State strategic goals" means the strategic goals listed in Section 
63N-1a-103
.
(14) "Statewide economic development strategy" means the economic development
strategy developed by the commission in accordance with Section 
63N-1a-202
.
Section 70. Section 
63N-1a-103
 is enacted to read:
 63N-1a-103.
Purpose.
(1) The mission of the Economic Opportunity Act and the entities established herein is
to catalyze strategic economic opportunities for all residents of the state with a vision of
creating economically thriving communities, businesses, and families throughout the state.
(2) The mission and vision are realized through targeted efforts that demonstrably
improve quality of life, measured by the extent to which the efforts accomplish the following
strategic goals:
(a) catalyzing targeted industry growth;
(b) supporting economically thriving communities;
(c) empowering students and workers with market-relevant skills;
(d) stimulating economic growth in rural and multicultural communities through
household level efforts; and
(e) securing healthy and resilient ecosystems for current and future generations.
Section 71. Section 
63N-1a-201
 is enacted to read:
Part 2. Creation of Unified Economic Opportunity Commission
 63N-1a-201.
Creation of commission.
(1) There is created in the office the Unified Economic Opportunity Commission,
established to carry out the mission described in Section 
63N-1a-103
 and direct the office and
other appropriate entities in fulfilling the state's strategic goals.
(2) The commission consists of:
(a) the following voting members:
(i) the governor, who shall serve as the chair of the commission;
(ii) the executive director, who shall serve as the vice chair of the commission;
(iii) the executive director of the Department of Workforce Services;
(iv) the executive director of the Department of Transportation;
(v) the executive director of the Department of Natural Resources;
(vi) the executive director of the Department of Commerce;
(vii) the commissioner of the Department of Agriculture and Food;
(viii) the executive director of the Governor's Office of Management and Budget;
(ix) the commissioner of higher education;
(x) the state superintendent of public instruction;
(xi) the president of the Senate or the president's designee;
(xii) the speaker of the House of Representatives or the speaker's designee;
(xiii) one individual who is knowledgeable about housing needs in the state, including
housing density and land use, appointed by the governor;
(xiv) one individual who represents the interests of urban cities, appointed by the Utah
League of Cities and Towns; and
(xv) one individual who represents the interests of rural counties, appointed by the
Utah Association of Counties; and
(b) the following non-voting members:
(i) the chief executive officer of World Trade Center Utah;
(ii) the chief executive officer of the Economic Development Corporation of Utah; and
(iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
state, appointed by the chair of the commission.
(3) A majority of commission members constitutes a quorum for the purposes of
conducting commission business and the action of a majority of a quorum constitutes the action
of the commission.
(4) The executive director of the office, or the executive director's designee, is the
executive director of the commission.
(5) The office shall provide:
(a) office space and administrative staff support for the commission; and
(b) the central leadership and coordination of the commission's efforts in the field of
economic development.
(6) (a) A member may not receive compensation or benefits for the member's service
on the commission, but may receive per diem and travel expenses in accordance with:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a commission member who is a legislator are
governed by Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and
Expenses.
Section 72. Section 
63N-1a-202
 is enacted to read:
 63N-1a-202.
Commission duties.
(1) The commission shall:
(a) develop, coordinate, and lead a comprehensive statewide economic development
strategy that:
(i) unifies and coordinates economic development efforts in the state;
(ii) includes key performance indicators for long-term progress toward the state
strategic goals;
(iii) establishes reporting and accountability processes for the key performance
indicators; and
(iv) ensures the success of the statewide economic development strategy is shared
among the urban and rural areas of the state;
(b) receive feedback, input, and reports from economic opportunity agencies regarding
programs related to the statewide economic development strategy;
(c) develop the statewide economic strategy in view of the state water policy described
in Section 
73-1-21
, including the state's commitment to appropriate conservation, efficient and
optimal use of water resources, infrastructure development and improvement, optimal
agricultural use, water quality, reasonable access to recreational activities, effective wastewater
treatment, and protecting and restoring healthy ecosystems;
(d) direct and facilitate changes to or recommend elimination of economic
development programs to ensure alignment with the mission and vision described in Section
63N-1a-103
;
(e) at least once every five years, identify industry clusters on which the commission
recommends the state focus recruiting and expansion efforts;
(f) establish strategies for the recruitment and retention of targeted industry clusters
while respecting the different needs of rural and urban areas throughout the state;
(g) establish strategies for supporting entrepreneurship and small business development
in the state;
(h) analyze the state's projected long-term population and economic growth and plan
for the anticipated impacts of the projected growth in a manner that improves quality of life
and is consistent with the statewide economic development strategy and state strategic goals;
(i) identify gaps and potential solutions related to improving infrastructure, especially
as related to the state's projected long-term population growth;
(j) support the development of a prepared workforce that can support critical industries
and industry clusters identified by the commission;
(k) coordinate and develop strategies that assist education providers and industry to
cooperate in supporting students in developing market relevant skills to meet industry needs;
(l) develop strategies and plans to ensure comprehensive economic development efforts
are targeted to the unique needs of rural areas of the state;
(m) study the unique needs of multicultural communities throughout the state and
develop household-level plans to ensure residents of the state can participate in economic
opportunities in the state;
(n) ensure the commission's efforts are, to the extent practicable, data-driven and
evidence-based;
(o) support an integrated international trade strategy for the state;
(p) facilitate coordination among public, private, and nonprofit economic opportunity
agencies; and
(q) in performing the commission's duties, consider the recommendations of the
subcommittees described in Chapter 1b, Commission Subcommittees.
(2) The commission shall provide a report to the office for inclusion in the office's
annual written report described in Section 
63N-1a-306
, that includes:
(a) the statewide economic development strategy;
(b) a description of how the commission fulfilled the commission's statutory purposes
and duties during the year, including any relevant findings;
(c) the key performance indicators included in the statewide economic development
strategy, including data showing the extent to which the indicators are being met; and
(d) any legislative recommendations.
Section 73. Section 
63N-1a-301
, which is renumbered from Section 63N-1-201 is
renumbered and amended to read:
Part 3. Creation of Governor's Office of Economic Opportunity
[
63N-1-201
].
 63N-1a-301.
Creation of office -- Responsibilities.
(1) There is created the Governor's Office of Economic [
Development
] 
Opportunity
.
(2) The office is:
(a) responsible for [
economic development and economic development planning in the
state
] 
implementing the statewide economic development strategy developed by the
commission
; and
(b) the industrial 
and business
 promotion authority of the state.
(3) The office shall:
(a) consistent with the statewide economic development strategy, coordinate and align
into a single effort the activities of the economic opportunity agencies in the field of economic
development;
(b) provide support and direction to economic opportunity agencies in establishing
goals, metrics, and activities that align with the statewide economic development strategy;
[
(a)
] 
(c)
 administer and coordinate state and federal economic development grant
programs;
[
(b)
] 
(d)
 promote and encourage the economic, commercial, financial, industrial,
agricultural, and civic welfare of the state;
[
(c)
] 
(e)
 promote and encourage the employment of workers in the state and the
purchase of goods and services produced in the state by local businesses;
[
(d)
] 
(f)
 act to create, develop, attract, and retain business, industry, and commerce in
the state
, in accordance with the statewide economic development plan and commission
directives
;
[
(e)
] 
(g)
 act to enhance the state's economy;
[
(f) administer programs over which the office is given administrative supervision by
the governor;
]
(h) act to assist strategic industries that are likely to drive future economic growth;
(i) assist communities in the state in developing economic development capacity and
coordination with other communities;
(j) identify areas of education and workforce development in the state that can be
improved to support economic and business development;
(k) consistent with direction from the commission, develop core strategic priorities for
the office, which may include:
(i) enhancing statewide access to entrepreneurship opportunities and small business
support;
(ii) focusing industry recruitment and expansion on strategically chosen clusters of
industries;
(iii) ensuring that in awarding competitive economic development incentives the office
accurately measures the benefits and costs of the incentives; and
(iv) assisting communities with technical support to aid those communities in
improving economic development opportunities;
[
(g)
] 
(l)
 submit an annual written report as described in Section [
63N-1-301
]
63N-1a-306
; and
[
(h)
] 
(m)
 perform other duties as provided by the Legislature.
(4) In order to perform its duties under this title, the office may:
(a) enter into a contract or agreement with, or make a grant to, a public or private
entity, including a municipality, if the contract or agreement is not in violation of state statute
or other applicable law;
(b) except as provided in Subsection (4)(c), receive and expend funds from a public or
private source for any lawful purpose that is in the state's best interest; and
(c) solicit and accept a contribution of money, services, or facilities from a public or
private donor, but may not use the contribution for publicizing the exclusive interest of the
donor.
(5) Money received under Subsection (4)(c) shall be deposited in the General Fund as
dedicated credits of the office.
(6) (a) The office shall
:
(i)
 obtain the advice of the 
GO Utah
 board before implementing a change to a policy,
priority, or objective under which the office operates[
.
]
; and
(ii) provide periodic updates to the commission regarding the office's efforts under
Subsections (3)(a) and (b).
(b) Subsection (6)(a)
(i)
 does not apply to the routine administration by the office of
money or services related to the assistance, retention, or recruitment of business, industry, or
commerce in the state.
Section 74. Section 
63N-1a-302
, which is renumbered from Section 63N-1-202 is
renumbered and amended to read:
[
63N-1-202
].
 63N-1a-302.
Executive director of office -- Appointment --
Removal -- Compensation.
(1) The office shall be administered, organized, and managed by an executive director
appointed by the governor, with the advice and consent of the Senate.
(2) The executive director serves at the pleasure of the governor.
(3) The salary of the executive director shall be established by the governor within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Section 75. Section 
63N-1a-303
, which is renumbered from Section 63N-1-203 is
renumbered and amended to read:
[
63N-1-203
].
 63N-1a-303.
Powers and duties of executive director.
(1) Unless otherwise expressly provided by statute, the executive director may organize
the office in any appropriate manner, including the appointment of deputy directors of the
office.
(2) The executive director may consolidate personnel and service functions for
efficiency and economy in the office.
(3) The executive director, with the approval of the governor:
(a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
(b) may enter into a lawful contract or agreement with another state, a chamber of
commerce organization, a service club, or a private entity; and
(c) shall annually prepare and submit to the governor a budget of the office's financial
requirements.
(4) With the governor's approval, if a federal program requires the expenditure of state
funds as a condition for the state to participate in a fund, property, or service, the executive
director may expend necessary funds from money provided by the Legislature for the use of the
office.
(5) The executive director shall coordinate with the executive directors of the
Department of Workforce Services and the Governor's Office of Management and Budget to
review data and metrics to be reported to the Legislature as described in Subsection
[
63N-1-301
] 
63N-1a-306
(2)(b).
Section 76. Section 
63N-1a-304
, which is renumbered from Section 63N-1-204 is
renumbered and amended to read:
[
63N-1-204
].
 63N-1a-304.
Executive director and the Public Service
Commission.
(1) The executive director or the executive director's designee shall:
(a) become generally informed of significant rate cases and policy proceedings before
the Public Service Commission; and
(b) monitor and study the potential economic development impact of these
proceedings.
(2) In the discretion of the executive director or the executive director's designee, the
office may appear in a proceeding before the Public Service Commission to testify, advise, or
present argument regarding the economic development impact of a matter that is the subject of
the proceeding.
Section 77. Section 
63N-1a-305
, which is renumbered from Section 63N-1-205 is
renumbered and amended to read:
[
63N-1-205
].
 63N-1a-305.
 Incentive review process.
The Legislature intends that the [
Governor's Office of Economic Development
] 
office
will develop an incentives review process under the direction of the speaker of the House and
the president of the Senate.
Section 78. Section 
63N-1a-306
, which is renumbered from Section 63N-1-301 is
renumbered and amended to read:
[
63N-1-301
].
 63N-1a-306.
Annual report -- Content -- Format.
(1) The office shall prepare and submit to the governor and the Legislature, by October
1 of each year, an annual written report of the operations, activities, programs, and services of
the office, including the divisions, sections, boards, commissions, councils, and committees
established under this title, for the preceding fiscal year.
(2) For each operation, activity, program, or service provided by the office, the annual
report shall include:
(a) a description of the operation, activity, program, or service;
(b) data and metrics:
(i) selected and used by the office to measure progress, performance, effectiveness, and
scope of the operation, activity, program, or service, including summary data; and
(ii) that are consistent and comparable for each state operation, activity, program, or
service that primarily involves employment training or placement as determined by the
executive directors of the office, the Department of Workforce Services, and the Governor's
Office of Management and Budget;
(c) budget data, including the amount and source of funding, expenses, and allocation
of full-time employees for the operation, activity, program, or service;
(d) historical data from previous years for comparison with data reported under
Subsections (2)(b) and (c);
(e) goals, challenges, and achievements related to the operation, activity, program, or
service;
(f) relevant federal and state statutory references and requirements;
(g) contact information of officials knowledgeable and responsible for each operation,
activity, program, or service; and
(h) other information determined by the office that:
(i) may be needed, useful, or of historical significance; or
(ii) promotes accountability and transparency for each operation, activity, program, or
service with the public and elected officials.
(3) The annual report shall be designed to provide clear, accurate, and accessible
information to the public, the governor, and the Legislature.
(4) The office shall:
(a) submit the annual report in accordance with Section 
68-3-14
;
(b) make the annual report, and previous annual reports, accessible to the public by
placing a link to the reports on the office's website; and
(c) provide the data and metrics described in Subsection (2)(b) to the [
Talent Ready
Utah Board created in Section 
63N-12-503
] 
Talent, Education, and Industry Alignment
Subcommittee created in Section 
63N-1b-301
.
[
(5) (a) On or before October 1, 2019, the office shall:
]
[
(i) in consultation with the organizations described in Subsection (5)(c), coordinate
the development of a written strategic plan that contains a coordinated economic development
strategy for the state; and
]
[
(ii) provide the strategic plan to the president of the Senate, the speaker of the House
of Representatives, and the Economic Development and Workforce Services Interim
Committee.
]
[
(b) The strategic plan shall:
]
[
(i) establish a statewide economic development strategy that consists of a limited set
of clear, concise, and defined principles and goals;
]
[
(ii) recommend targeted economic development policies that will further the
implementation of the economic development strategy described in this section;
]
[
(iii) identify each of the relevant state-level economic development agencies,
including the agencies described in Subsection (5)(c);
]
[
(iv) outline the functional role in furthering the state's economic development strategy
for each relevant state-level economic development agency;
]
[
(v) establish specific principles and make specific recommendations to decrease
competition and increase communication and cooperation among state-level economic
development agencies, providers and administrators of economic development programs in the
state, nonprofit entities that participate in economic development in the state, and local
governments;
]
[
(vi) recommend a fundamental realignment of economic development programs in the
state to ensure each program's purpose is congruent with the mission of the organization within
which the program is located;
]
[
(vii) address rural economic development by:
]
[
(A) establishing goals and principles to ensure the state's economic development
strategy works for both urban and rural areas of the state; and
]
[
(B) providing recommendations on how existing rural economic development
programs should be restructured or realigned;
]
[
(viii) assess the effectiveness of the state's economic development incentives and
make recommendations regarding:
]
[
(A) how incentive policies could be improved; and
]
[
(B) how incentives could be better coordinated among state-level economic
development agencies and local governments;
]
[
(ix) make recommendations regarding how to align the state's economic development
strategy and policies in order to take advantage of the strengths and address the weaknesses of
the state's current and projected urban and rural workforce;
]
[
(x) make recommendations regarding how to monitor and assess whether certain
economic development policies further the statewide economic development strategy described
in this section, including recommendations on performance metrics to measure results; and
]
[
(xi) align the strategic plan with each element of the statewide economic development
strategy.
]
[
(c) The office shall coordinate the development of the strategic plan by working in
coordination with and obtaining information from other state agencies, including:
]
[
(i) the Department of Workforce Services;
]
[
(ii) the Office of Energy Development;
]
[
(iii) the State Board of Education; and
]
[
(iv) the Utah Board of Higher Education.
]
[
(d) If contacted by the office, other state agencies, including those described in
Subsection (5)(c), shall, in accordance with state and federal law, share information and
cooperate with the office in coordinating the development of the strategic plan.
]
Section 79. Section 
63N-1b-101
 is enacted to read:
CHAPTER 1b. COMMISSION SUBCOMMITTEES
Part 1. General Provisions
 63N-1b-101.
Definitions.
As used in this chapter:
(1) "Apprenticeship program" means a program that:
(a) combines paid on-the-job learning with formal classroom instruction to prepare
students for careers; and
(b) includes:
(i) structured on-the-job learning for students under the supervision of a skilled
employee;
(ii) classroom instruction for students related to the on-the-job learning;
(iii) ongoing student assessments using established competency and skills standards;
and
(iv) the student receiving an industry-recognized credential or degree upon completion
of the program.
(2) "Career and technical education region" means an economic service area created in
Section 
35A-2-101
.
(3) "High quality professional learning" means the professional learning standards for
teachers and principals described in Section 
53G-11-303
.
(4) "Institution of higher education" means the University of Utah, Utah State
University, Southern Utah University, Weber State University, Snow College, Dixie State
University, Utah Valley University, or Salt Lake Community College.
(5) "Local education agency" means a school district, a charter school, or the Utah
Schools for the Deaf and the Blind.
(6) "Master plan" means the computer science education master plan described in
Section 
63N-1b-304
.
(7) "Participating employer" means an employer that:
(a) partners with an educational institution on a curriculum for an apprenticeship
program or work-based learning program; and
(b) provides an apprenticeship or work-based learning program for students.
(8) "State board" means the State Board of Education.
(9) "Talent program" means the Talent Ready Utah Program created in Section
63N-1b-302
.
(10) "Talent subcommittee" means the Talent, Education, and Industry Alignment
Subcommittee created in Section 
63N-1b-301
.
(11) "Technical college" means:
(a) a technical college described in Section 
53B-2a-105
;
(b) the School of Applied Technology at Salt Lake Community College established in
Section 
53B-16-209
;
(c) Utah State University Eastern established in Section 
53B-18-1201
;
(d) Utah State University Blanding established in Section 
53B-18-1202
; or
(e) the Snow College Richfield campus established in Section 
53B-16-205
.
(12) (a) "Work-based learning program" means a program that combines structured and
supervised learning activities with authentic work experiences and that is implemented through
industry and education partnerships.
(b) "Work-based learning program" includes the following objectives:
(i) providing students an applied workplace experience using knowledge and skills
attained in a program of study that includes an internship, externship, or work experience;
(ii) providing an educational institution with objective input from a participating
employer regarding the education requirements of the current workforce; and
(iii) providing funding for programs that are associated with high-wage, in-demand, or
emerging occupations.
(13) "Workforce programs" means education or industry programs that facilitate
training the state's workforce to meet industry demand.
Section 80. Section 
63N-1b-102
 is enacted to read:
 63N-1b-102.
Subcommittees generally.
(1) Each subcommittee created under this part or by the commission in accordance
with this section serves under the direction of the commission and shall assist the commission
in performing the commission's duties.
(2) In addition to the subcommittees created under this part, the commission may
establish one or more subcommittees to assist and advise the commission on specified topics or
issues relevant to the commission's duties, including:
(a) rural economic growth;
(b) sustainable community growth;
(c) small business and entrepreneurism;
(d) multicultural economic empowerment; and
(e) international relations, trade, and immigration.
(3) When establishing a subcommittee under Subsection (2), the commission shall:
(a) appoint members to the subcommittee that represent a range of views and expertise;
and
(b) adopt subcommittee procedures and directives.
(4) (a) A member of a subcommittee may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(b) Compensation and expenses of a subcommittee member who is a legislator are
governed by Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and
Expenses.
Section 81. Section 
63N-1b-201
, which is renumbered from Section 63N-1-401 is
renumbered and amended to read:
Part 2. Business and Economic Development Subcommittee
[
63N-1-401
].
 63N-1b-201.
 Business and Economic Development --
Subcommittee -- Creation -- Membership -- Expenses.
(1) (a) There is created [
within the office the Board of Business and Economic
Development
] 
a subcommittee of the commission, called the Business and Economic
Development Subcommittee
, consisting of 15 members appointed by the [
governor
] 
chair of
the commission, in consultation with the executive director,
 to four-year terms of office with
the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies[
.
]
, including:
(i) a representative from a rural association of governments;
(ii) a rural representative of agriculture;
(iii) a rural representative of the travel industry;
(iv) a representative of rural utilities; and
(v) a representative from the oil, gas, or mineral extraction industry.
(b) Notwithstanding the requirements of Subsection (1)(a), the [
governor
] 
chair of the
commission
 shall, at the time of appointment or reappointment, adjust the length of terms to
ensure that the terms of board members are staggered so that approximately half of the [
board
]
subcommittee
 is appointed every two years.
(c) The members may not serve more than two full consecutive terms except where the
[
governor
] 
chair of the commission
 determines that an additional term is in the best interest of
the state.
(2) In appointing members of the committee, the [
governor
] 
chair of the commission
shall ensure that:
(a) no more than eight members of the [
board
] 
subcommittee
 are from one political
party; and
(b) members represent a variety of geographic areas and economic interests of the state.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(4) Eight members of the [
board
] 
subcommittee
 constitute a quorum for conducting
board business and exercising board power.
(5) The [
governor
] 
chair of the commission
 shall select one [
board
] 
subcommittee
member as the [
board's
] 
subcommittee's
 chair 
and one member as the subcommittee's vice
chair
.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(7) A member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
(8) Nothing in this section prohibits an individual who, on May 4, 2021, is a member
of a board within the office known as the Board of Business and Economic Development from
serving as a member of the GO Utah board.
Section 82. Section 
63N-1b-202
, which is renumbered from Section 63N-1-402 is
renumbered and amended to read:
[
63N-1-402
].
 63N-1b-202.
Business and Economic Development
Subcommittee duties and powers.
(1) The [
board
] 
Business and Economic Development Subcommittee
 shall advise and
assist the [
office
] 
commission
 to:
(a) promote and encourage the economic, commercial, financial, industrial,
agricultural, and civic welfare of the state;
(b) promote and encourage the development, attraction, expansion, and retention of
businesses, industries, and commerce in the state;
(c) support the efforts of local government and regional nonprofit economic
development organizations to encourage expansion or retention of businesses, industries, and
commerce in the state;
(d) act to enhance the state's economy;
(e) work in conjunction with companies and individuals located or doing business in
the state to secure favorable rates, fares, tolls, charges, and classification for transportation of
persons or property by:
(i) railroad;
(ii) motor carrier; or
(iii) other common carriers;
(f) [
recommend
] 
develop
 policies, priorities, and objectives [
to the office
] regarding
the assistance, retention, or recruitment of business, industries, and commerce in the state;
(g) [
recommend how the office should
] administer programs for the assistance,
retention, or recruitment of businesses, industries, and commerce in the state;
(h) [
help
] ensure that [
economic-development
] 
economic development
 programs are
available to all areas of the state in accordance with federal and state law; [
and
]
(i) identify local, regional, and statewide rural economic development and planning
priorities;
(j) understand, through study and input, issues relating to local, regional, and statewide
rural economic development, including challenges, opportunities, best practices, policy,
planning, and collaboration; and
[
(i)
] 
(k)
 maintain ethical and conflict of interest standards consistent with those
imposed on a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees'
Ethics Act.
(2) The subcommittee shall:
(a) serve as an advisory board to the commission on rural economic development
issues;
(b) prepare an annual strategic plan that:
(i) identifies rural economic development, planning, and leadership training challenges,
opportunities, priorities, and objectives; and
(ii) includes a work plan for accomplishing the objectives referred to in Subsection
(1)(b)(i); and
(c) oversee the Rural County Grant Program created in Section 
17-54-103
.
[
(2)
] 
(3)
 The [
board
] 
subcommittee
 may:
(a) in accordance with Subsection (1)(e), appear as a party litigant on behalf of an
individual or a company located or doing business in the state in a proceeding before a
regulatory commission of the state, another state, or the federal government; and
(b) in consultation with the executive director, make, amend, or repeal rules for the
conduct of its business consistent with this part and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
Section 83. Section 
63N-1b-301
, which is renumbered from Section 63N-12-503 is
renumbered and amended to read:
Part 3. Talent, Education, and Industry Alignment Subcommittee
[
63N-12-503
].
 63N-1b-301.
Talent, Education, and Industry Alignment
Subcommittee -- Creation -- Membership -- Expenses -- Duties.
[
(1) There is created within GOED the Talent Ready Utah Board composed of the
following 14 members:
]
(1) There is created a subcommittee of the commission called the Talent, Education,
and Industry Alignment Subcommittee composed of the following members:
(a) the state superintendent of public instruction or the superintendent's designee;
(b) the commissioner of higher education or the commissioner of higher education's
designee;
(c) the chair of the State Board of Education or the chair's designee;
(d) the executive director of the Department of Workforce Services or the executive
director of the department's designee;
(e) the executive director of [
GOED
] 
the GO Utah office
 or the executive director's
designee;
(f) the director of the Division of Occupational and Professional Licensing or the
director's designee;
(g) the governor's education advisor or the advisor's designee;
(h) one member of the Senate, appointed by the president of the Senate;
(i) one member of the House of Representatives, appointed by the speaker of the House
of Representatives;
(j) the president of the Salt Lake Chamber or the president's designee;
(k) three representatives of private industry chosen by the [
talent ready board; and
]
commission;
(l) a representative of the technology industry chosen by the [
talent ready board.
]
commission;
(m) the lieutenant governor or the lieutenant governor's designee; and
(n) any additional individuals appointed by the commission who represent:
(i) one or more individual educational institutions; or
(ii) education or industry professionals.
(2) The [
talent ready board
] 
commission
 shall select a chair and vice chair from among
the members of the talent [
ready board
] 
subcommittee
.
(3) The talent [
ready board
] 
subcommittee
 shall meet at least quarterly.
(4) Attendance of a majority of the members of the talent [
ready board
] 
subcommittee
constitutes a quorum for the transaction of official talent [
ready board
] 
subcommittee
 business.
(5) Formal action by the talent [
ready board
] 
subcommittee
 requires the majority vote
of a quorum.
(6) A member of the talent [
ready board
] 
subcommittee
:
(a) may not receive compensation or benefits for the member's service; and
(b) who is not a legislator may receive per diem and travel expenses in accordance
with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The talent [
ready board
] 
subcommittee
 shall:
(a) (i) review and develop metrics to measure the progress, performance, effectiveness,
and scope of any state operation, activity, program, or service that primarily involves
employment training or placement; and
(ii) ensure that the metrics described in Subsection (7)(a) are consistent and
comparable for each state operation, activity, program, or service that primarily involves
employment training or placement;
(b) make recommendations to the [
center
] 
commission
 regarding how to better align
training and education in the state with industry demand;
(c) make recommendations to the [
center
] 
commission
 regarding how to better align
technical education with current and future workforce needs; and
(d) coordinate with the [
center
] 
commission
 to meet the responsibilities described in
Subsection [
63N-12-502
(4)
] 
63N-1b-302
(4)
.
Section 84. Section 
63N-1b-302
, which is renumbered from Section 63N-12-502 is
renumbered and amended to read:
[
63N-12-502
].
 63N-1b-302.
Talent Ready Utah Program.
(1) There is created within [
GOED
] 
the office
 the Talent Ready Utah [
Center
]
Program
.
(2) The executive director shall appoint a director of the [
center
] 
talent program
.
(3) The director of the [
center
] 
talent program
 may appoint staff with the approval of
the executive director.
(4) The [
center
] 
talent program
 shall coordinate with the talent [
ready board
]
subcommittee
 to:
(a) further education and industry alignment in the state;
(b) coordinate the development of new education programs that align with industry
demand;
(c) coordinate or partner with other state agencies to administer grant programs;
(d) promote the inclusion of industry partners in education;
(e) provide outreach and information to employers regarding workforce programs and
initiatives;
(f) develop and analyze stackable credential programs;
(g) determine efficiencies among workforce providers;
(h) map available workforce programs focusing on programs that successfully create
high-paying jobs; and
(i) support initiatives of the talent [
ready board
] 
subcommittee
.
Section 85. Section 
63N-1b-303
, which is renumbered from Section 63N-12-504 is
renumbered and amended to read:
[
63N-12-504
].
 63N-1b-303.
Reporting.
The [
center
] 
talent program
 shall prepare an annual report describing the [
center's
]
talent program's
 operations and recommendations for inclusion in [
GOED's
] 
the office's
 annual
written report described in Section [
63N-1-301
] 
63N-1a-306
, including the results of the
apprenticeship pilot program described in Section [
63N-12-507
] 
63N-1b-306
.
Section 86. Section 
63N-1b-304
, which is renumbered from Section 63N-12-505 is
renumbered and amended to read:
[
63N-12-505
].
 63N-1b-304.
 Computer science education master plan.
[
On or before August 30, 2019, the talent ready board
] 
The talent subcommittee
, in
consultation with the state board and the [
center
] 
talent program
, shall develop a computer
science education master plan that:
(1) includes a statement of the objectives and goals of the master plan;
(2) describes how the talent [
ready board
] 
subcommittee
 and the state board will
administer the Computer Science for Utah Grant Program created in Section [
63N-12-506
]
63N-1b-305
;
(3) provides guidance for local education agencies in implementing computer science
education opportunities for students in high school, middle school, and elementary school;
(4) integrates recommendations and best practices from private and public entities that
are seeking to improve and expand the opportunities for computer science education, including
the Expanding Computer Education Pathways Alliance; and
(5) makes recommendations to assist a local education agency in creating a local
education agency computer science plan described in Subsection [
63N-12-506
] 
63N-1b-305
(7),
including:
(a) providing recommendations regarding course offerings in computer science;
(b) providing recommendations regarding professional development opportunities in
computer science for licensed teachers;
(c) providing recommendations regarding curriculum software for computer science
courses;
(d) providing recommendations regarding assessment solutions to measure the learning
outcomes of students in computer science courses; and
(e) providing information regarding how a local education agency can receive technical
support from the talent [
ready board
] 
subcommittee
 in providing computer science education
opportunities for students.
Section 87. Section 
63N-1b-305
, which is renumbered from Section 63N-12-506 is
renumbered and amended to read:
[
63N-12-506
].
 63N-1b-305.
 Computer Science for Utah Grant Program.
(1) As used in this section, "grant program" means the Computer Science for Utah
Grant Program created in Subsection (2).
(2) The Computer Science for Utah Grant Program is created to provide grants to
eligible local education agencies for improving computer science learning outcomes and course
offerings as demonstrated by:
(a) the creation and implementation of a local education agency computer science plan
as described in Subsection (7); and
(b) the effective implementation of approved courses and the provision of effective
training opportunities for licensed teachers.
(3) Subject to appropriations from the Legislature, and subject to the approval of the
talent [
ready board
] 
subcommittee
, the state board shall distribute to local education agencies
money appropriated for the grant program in accordance with this section.
(4) The state board shall:
(a) solicit applications from local education agency boards to receive grant money
under the grant program;
(b) make recommendations to the talent [
ready board
] 
subcommittee
 regarding the
awarding of grant money to a local education agency board on behalf of a local education
agency based on the criteria described in Subsection (6); and
(c) obtain final approval from the talent [
ready board
] 
subcommittee
 before awarding
grant money.
(5) In administering the Computer Science for Utah Grant Program, the state board and
the office, in consultation with the talent [
ready board
] 
subcommittee
, may make rules, in
accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(a) describe the form and deadlines for a grant application by a local education agency
under this section; and
(b) describe the reporting requirements required by a local education agency after
receiving a grant under this section.
(6) In awarding a grant under Subsection (3), the state board shall consider the
effectiveness of the local education agency in creating and implementing a local education
agency computer science plan as described in Subsection (7).
(7) Each local education agency that seeks a grant as described in this section shall
submit a written computer science plan, in a form approved by the state board and the talent
[
ready board
] 
subcommittee
, that:
(a) covers at least four years;
(b) addresses the recommendations of the talent [
ready board's
] 
subcommittee's
computer science education master plan described in Section [
63N-12-505
] 
63N-1b-304
;
(c) identifies targets for improved computer science offerings, student learning, and
licensed teacher training;
(d) describes a computer science professional development program and other
opportunities for high quality professional learning for licensed teachers or individuals training
to become licensed teachers;
(e) provides a detailed budget, communications, and reporting structure for
implementing the computer science plan;
(f) commits to provide one computer science course offering, approved by the talent
[
ready board
] 
subcommittee
, in every middle and high school within the local education
agency;
(g) commits to integrate computer science education into the curriculum of each
elementary school within the local education agency; and
(h) includes any other requirement established by the state board or the office by rule,
in consultation with the talent [
ready board
] 
subcommittee
, in accordance with this part and
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) Each local education agency that receives a grant as described in this section shall
provide an annual written assessment to the state board and the talent [
ready board
]
subcommittee
 for each year that the local education agency receives a grant or expends grant
money that includes:
(a) how the grant money was used;
(b) any improvements in the number and quality of computer science offerings
provided by the local education agency and any increase in the number of licensed teachers
providing computer science teaching to students;
(c) any difficulties encountered during implementation of the local education agency's
written computer science plan and steps that will be taken to address the difficulties; and
(d) any other requirement established by the state board or the office by rule, in
consultation with the talent [
ready board
] 
subcommittee
, in accordance with this part and Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(9) (a) The state board and the talent [
ready board
] 
subcommittee
 shall review each
annual written assessment described in Subsection (8).
(b) As a result of the review described in Subsection (9)(a):
(i) the state board or the talent [
ready board
] 
subcommittee
 may provide
recommendations to improve the progress of the local education agency in meeting the
objectives of the written computer science plan;
(ii) the state board may determine not to renew or extend a grant under this section; or
(iii) the state board or the talent [
ready board
] 
subcommittee
 may take other action to
assist the local education agency.
Section 88. Section 
63N-1b-306
, which is renumbered from Section 63N-12-507 is
renumbered and amended to read:
[
63N-12-507
].
 63N-1b-306.
Apprenticeships and work-based learning.
(1) The [
center
] 
talent program
 in collaboration with the talent [
ready board
]
subcommittee
 may partner with one or more of the following to facilitate and encourage
apprenticeship opportunities and work-based learning opportunities for Utah students:
(a) the state board;
(b) the Utah system of higher education; and
(c) a participating employer in the state.
(2) Subject to appropriations from the Legislature and in accordance with the proposal
process and other provisions of this section, the talent [
ready board
] 
subcommittee
, with the
concurrence of the executive director, may provide funding for approved apprenticeship
opportunities and work-based learning opportunities.
(3) To receive funding under this section, an entity described in Subsection (1) seeking
to partner with the [
center
] 
talent program
 shall submit a proposal through the [
center
] 
talent
program
, in a form approved by the [
center
] 
talent program
 and in accordance with deadlines
determined by the [
center
] 
talent program
, that contains the following elements:
(a) the proposal shall include:
(i) a description of the proposed apprenticeship program or work-based learning
program that demonstrates the program will be:
(A) responsive to the workforce needs of a high demand industry or occupation; and
(B) a partnership between at least one participating employer and at least one public
high school, technical college, or institution of higher education;
(ii) an estimate of:
(A) student enrollment in the program;
(B) what school credit, credentials, certifications, or other workforce attainments will
be provided by the program; and
(C) job-placement rates for students who complete the program;
(iii) a description of any financial contributions or in-kind contributions that will be
provided by each participating employer in the program;
(iv) if the program would require state board approval under the provisions of Section
53B-16-102
, evidence that the state board has approved the program; and
(v) the amount of funding requested for the program, including justification for the
funding; and
(b) while not required, a preference may be given to a proposal that includes:
(i) a description of a stackable credentialing pathway for participating students that will
be created by the program between at least two of the following:
(A) a public high school;
(B) a technical college; and
(C) an institution of higher education; or
(ii) the potential for participating students to obtain full-time employment with the
participating employer upon completion of the program.
(4) The talent [
ready board
] 
subcommittee
 shall review and prioritize each proposal
received and determine whether the proposal should be funded, using the following criteria:
(a) the quality and completeness of the elements of the proposal described in
Subsection (3)(a);
(b) the quality of the optional elements of the proposal described in Subsection (3)(b);
(c) to what extent the proposal would expand the capacity to meet state or regional
workforce needs; and
(d) other relevant criteria as determined by the talent [
ready board
] 
subcommittee
.
(5) A partnership that receives funding under this section:
(a) shall use the money to accomplish the proposed apprenticeship program or
work-based learning program;
(b) may use the money to offset a participating employer's direct operational costs
associated with employing students as part of an approved apprenticeship program or
work-based learning program;
(c) except as provided in Subsection (5)(d), may not use the money for educational
administration; and
(d) may use the money to support one full-time employee within a career and technical
education region if:
(i) each participating local education agency, public high school, technical college, and
institution of higher education agree on which entity will house the full-time employee;
(ii) the full-time employee spends all of the employee's time working exclusively to
develop apprentice programs or work-based learning programs; and
(iii) the full-time employee is responsible for regular reporting to and receiving training
from the director of the [
center
] 
talent program
.
(6) The [
center
] 
talent program
 shall be responsible for the administration of
apprenticeship programs and work-based learning programs described in this section,
including:
(a) working with and providing technical assistance to the participating partners that
establish apprentice programs and work-based learning programs and that receive funding
under the provisions of this section;
(b) establishing reporting requirements for participating partners that establish
apprentice programs and work-based learning programs and that receive funding under the
provisions of this section;
(c) providing outreach and marketing to encourage more employers to participate; and
(d) annually providing information to [
GOED
] 
the office
 regarding the activities,
successes, and challenges of the center related to administering apprentice programs and
work-based learning programs for inclusion in [
GOED's
] 
the office's
 annual written report
described in Section [
63N-1-301
] 
63N-1a-306
, including:
(i) specific entities that received funding under this section;
(ii) the amount of funding provided to each entity; and
(iii) the number of participating students in each apprentice program and work-based
learning program.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
the provisions of this section, the [
center
] 
talent program
 may make rules regarding:
(a) the method and deadlines for applying for funding under this section;
(b) the distribution of funding under this section; and
(c) the reporting requirements of each entity receiving funding under this section.
Section 89. Section 
63N-1b-307
, which is renumbered from Section 63N-12-508 is
renumbered and amended to read:
[
63N-12-508
].
 63N-1b-307.
Utah Works Program.
(1) There is created [
within the center
] the Utah Works Program.
(2) The program, under the direction of [
the center and
] the talent [
ready board
]
subcommittee
, shall coordinate and partner with the entities described below to develop
short-term pre-employment training and short-term early employment training for student and
workforce participants that meet the needs of businesses that are creating jobs and economic
growth in the state by:
(a) partnering with the office, the Department of Workforce Services, and the Utah
system of higher education;
(b) partnering with businesses that have significant hiring demands for primarily newly
created jobs in the state;
(c) coordinating with the Department of Workforce Services, education agencies, and
employers to create effective recruitment initiatives to attract student and workforce
participants and business participants to the program;
(d) coordinating with the Utah system of higher education to develop educational and
training resources to provide student participants in the program qualifications to be hired by
business participants in the program; and
(e) coordinating with the State Board of Education and local education agencies when
appropriate to develop educational and training resources to provide student participants in the
program qualifications to be hired by business participants in the program.
(3) (a) Subject to appropriation, beginning on August 5, 2020, the office, in
consultation with the talent [
ready board
] 
subcommittee
, may respond to the COVID-19
pandemic by directing financial grants to institutions of higher education described in Section
53B-2-101
 to offer short-term programs to:
(i) provide training to furloughed, laid off, dislocated, underserved, or other
populations affected by COVID-19 to fill employment gaps in the state;
(ii) provide training and education related to industry needs; and
(iii) provide students with certificates or other recognition after completion of training.
(b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report to
the director of the Division of Finance about the grant program under this Subsection (3),
including:
(A) the process by which the office shall determine which institutions of higher
education shall receive financial grants; and
(B) the formula for awarding financial grants.
(ii) The office shall:
(A) participate in the presentation that the director of the Division of Finance provides
to the president of the Senate, the speaker of the House of Representatives, the minority leader
of the Senate, and the minority leader of the House of Representatives under Section
63A-3-111
; and
(B) consider any recommendations for adjustments to the grant program from the
president of the Senate, the speaker of the House of Representatives, the minority leader of the
Senate, and the minority leader of the House of Representatives.
(c) To implement Subsection (3)(a), an institution of higher education that receives
grant funds:
(i) may use grant funds for:
(A) costs associated with developing a new program; or
(B) costs associated with expanding an existing program; and
(ii) shall demonstrate industry needs and opportunities for partnership with industry.
(d) (i) The office shall award grant funds:
(A) after an initial application period that ends on or before August 31, 2020; and
(B) if funds remain after the initial application period, on a rolling basis until the
earlier of funds being exhausted or November 30, 2020.
(ii) An institution of higher education that receives grant funds shall expend the grant
funds on or before December 1, 2020.
(e) The [
center
] 
office
 shall conduct outreach, including education about career
guidance, training, and workforce programs, to the targeted populations.
(4) The office, in consultation with the talent [
ready board
] 
subcommittee
, may, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance
with the provisions of this section, make rules regarding the development and administration of
the Utah Works Program.
(5) The [
center
] 
Utah Works Program
 shall report the following metrics to the office
for inclusion in the office's annual report described in Section [
63N-1-301
] 
63N-1a-306
:
(a) the number of participants in the program;
(b) how program participants learned about or were referred to the program, including
the number of participants who learned about or were referred to the program by:
(i) the Department of Workforce Services;
(ii) marketing efforts of the [
center
] 
office
 or talent [
ready board
] 
subcommittee
;
(iii) a school counselor; and
(iv) other methods;
(c) the number of participants who have completed training offered by the program;
and
(d) the number of participants who have been hired by a business participating in the
program.
Section 90. Section 
63N-2-103
 is amended to read:
63N-2-103.
Definitions.
As used in this part:
(1) "Authority" means:
(a) the Utah Inland Port Authority, created in Section 
11-58-201
; or
(b) the Military Installation Development Authority, created in Section 
63H-1-201
.
(2) "Authority project area" means a project area of:
(a) the Utah Inland Port Authority, created in Section 
11-58-201
; or
(b) the Military Installation Development Authority, created in Section 
63H-1-201
.
(3) "Business entity" means a person that enters into an agreement with the office to
initiate a new commercial project in Utah that will qualify the person to receive a tax credit
under Section 
59-7-614.2
 or 
59-10-1107
.
(4) "Community reinvestment agency" has the same meaning as that term is defined in
Section 
17C-1-102
.
(5) "Development zone" means an economic development zone created under Section
63N-2-104
.
(6) "Local government entity" means a county, city, town, or authority that enters into
an agreement with the office to have a new commercial project that:
(a) is initiated within:
(i) the boundary of the county, city, or town; or
(ii) an authority project area; and
(b) qualifies the county, city, town, or authority to receive a tax credit under Section
59-7-614.2
.
(7) (a) "New commercial project" means an economic development opportunity that
:
(i)
 involves new or expanded industrial, manufacturing, distribution, or business
services in [
Utah.
] 
the state; and
(ii) advances the statewide economic development strategy.
(b) "New commercial project" does not include retail business.
(8)
 "Significant capital investment" means an amount of at least $10,000,000 to
purchase capital or fixed assets, which may include real property, personal property, and other
fixtures related to a new commercial project:
(a) that represents an expansion of existing operations in the state; or
(b) that maintains or increases the business entity's existing work force in the state.
(9) "Tax credit" means an economic development tax credit created by Section
59-7-614.2
 or 
59-10-1107
.
(10) "Tax credit amount" means the amount the office lists as a tax credit on a tax
credit certificate for a taxable year.
(11) "Tax credit certificate" means a certificate issued by the office that:
(a) lists the name of the business entity, local government entity, or community
development and renewal agency to which the office authorizes a tax credit;
(b) lists the business entity's, local government entity's, or community development and
renewal agency's taxpayer identification number;
(c) lists the amount of tax credit that the office authorizes the business entity, local
government entity, or community development and renewal agency for the taxable year; and
(d) may include other information as determined by the office.
Section 91. Section 
63N-2-104
 is amended to read:
63N-2-104.
Creation of economic development zones -- Tax credits -- Assignment
of tax credit.
(1) The office[
, with advice from the board,
] may create an economic development
zone in the state if the following requirements are satisfied:
(a) the area is zoned commercial, industrial, manufacturing, business park, research
park, or other appropriate business related use in a community-approved master plan 
that
contemplates future growth
;
(b) the request to create a development zone has first been approved by an appropriate
local government entity; and
(c) local incentives have been or will be committed to be provided within the area 
in
accordance with the community's approved incentive policy and application process
.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the office shall make rules establishing the requirements for a business entity or local
government entity to qualify for a tax credit for a new commercial project in a development
zone under this part.
(b) The office shall ensure that the requirements described in Subsection (2)(a) include
the following:
(i) the new commercial project is within the development zone;
(ii) the new commercial project includes direct investment within the geographic
boundaries of the development zone;
(iii) the new commercial project brings new incremental jobs to Utah;
(iv) the new commercial project includes the creation of high paying jobs in the state,
significant capital investment in the state, or significant purchases from vendors, contractors, or
service providers in the state, or a combination of these three economic factors;
(v) the new commercial project generates new state revenues; [
and
]
(vi) a business entity, a local government entity, or a community reinvestment agency
to which a local government entity assigns a tax credit under this section meets the
requirements of Section 
63N-2-105
[
.
]
; and
(vii) unless otherwise advisable in light of economic circumstances, the new
commercial project relates to the industry clusters identified by the commission under Section
63N-1a-202
.
(3) (a) The office, after consultation with the [
board
] 
GO Utah board
, may enter into a
written agreement with a business entity or local government entity authorizing a tax credit to
the business entity or local government entity if the business entity or local government entity
meets the requirements described in this section.
(b) (i) With respect to a new commercial project, the office may authorize a tax credit
to a business entity or a local government entity, but not both.
(ii) In determining whether to authorize a tax credit with respect to a new commercial
project to a business entity or a local government entity, the office shall authorize the tax credit
in a manner that the office determines will result in providing the most effective incentive for
the new commercial project.
[
(c) (i) Except as provided in Subsection (3)(c)(ii), the
]
(c) The
 office may not authorize or commit to authorize a tax credit that exceeds:
[
(A)
] 
(i)
 50% of the new state revenues from the new commercial project in any given
year; or
[
(B)
] 
(ii)
 30% of the new state revenues from the new commercial project over the
lesser of the life of a new commercial project or 20 years.
[
(ii) If the eligible business entity makes capital expenditures in the state of
$1,500,000,000 or more associated with a new commercial project, the office may:
]
[
(A) authorize or commit to authorize a tax credit not exceeding 60% of new state
revenues over the lesser of the life of the project or 20 years, if the other requirements of this
part are met;
]
[
(B) establish the year that state revenues and incremental jobs baseline data are
measured for purposes of an incentive under this Subsection (3)(c)(ii); and
]
[
(C) offer an incentive under this Subsection (3)(c)(ii) or modify an existing incentive
previously granted under Subsection (3)(c)(i) that is based on the baseline measurements
described in Subsection (3)(c)(ii)(B), except that the incentive may not authorize or commit to
authorize a tax credit of more than 60% of new state revenues in any one year.
]
(d) (i) A local government entity may by resolution assign a tax credit authorized by
the office to a community reinvestment agency.
(ii) The local government entity shall provide a copy of the resolution described in
Subsection (3)(d)(i) to the office.
(iii) If a local government entity assigns a tax credit to a community reinvestment
agency, the written agreement described in Subsection (3)(a) shall:
(A) be between the office, the local government entity, and the community
reinvestment agency;
(B) establish the obligations of the local government entity and the community
reinvestment agency; and
(C) establish the extent to which any of the local government entity's obligations are
transferred to the community reinvestment agency.
(iv) If a local government entity assigns a tax credit to a community reinvestment
agency:
(A) the community reinvestment agency shall retain records as described in Subsection
(4)(d); and
(B) a tax credit certificate issued in accordance with Section 
63N-2-105
 shall list the
community reinvestment agency as the named applicant.
(4) The office shall ensure that the written agreement described in Subsection (3):
(a) specifies the requirements that the business entity or local government entity shall
meet to qualify for a tax credit under this part;
(b) specifies the maximum amount of tax credit that the business entity or local
government entity may be authorized for a taxable year and over the life of the new commercial
project;
(c) establishes the length of time the business entity or local government entity may
claim a tax credit;
(d) requires the business entity or local government entity to retain records supporting a
claim for a tax credit for at least four years after the business entity or local government entity
claims a tax credit under this part; and
(e) requires the business entity or local government entity to submit to audits for
verification of the tax credit claimed.
(5) The office may attribute an incremental job or a high paying job to a new
commercial project regardless of whether the job is performed in person, within the
development zone or remotely from elsewhere in the state.
Section 92. Section 
63N-2-105
 is amended to read:
63N-2-105.
Qualifications for tax credit -- Procedure.
(1) The office shall certify a business entity's or local government entity's eligibility for
a tax credit as provided in this part.
(2) A business entity or local government entity seeking to receive a tax credit as
provided in this part shall provide the office with:
(a) an application for a tax credit certificate, including a certification, by an officer of
the business entity, of any signature on the application;
(b) (i) for a business entity, documentation of the new state revenues from the business
entity's new commercial project that were paid during [
the preceding
] 
a
 calendar year; or
(ii) for a local government entity, documentation of the new state revenues from the
new commercial project within the area of the local government entity that were paid during
[
the preceding
] 
a
 calendar year;
(c) known or expected detriments to the state or existing businesses in the state;
(d) if a local government entity seeks to assign the tax credit to a community
reinvestment agency as described in Section 
63N-2-104
, a statement providing the name and
taxpayer identification number of the community reinvestment agency to which the local
government entity seeks to assign the tax credit;
[
(e) (i) with respect to a business entity, a document that expressly directs and
authorizes the State Tax Commission to disclose to the office the business entity's returns and
other information that would otherwise be subject to confidentiality under Section 
59-1-403
 or
Section 6103, Internal Revenue Code;
]
(e) (i) with respect to a business entity that seeks to claim a tax credit:
(A) a document that expressly directs and authorizes the State Tax Commission to
disclose to the office the business entity's returns and other information that would otherwise
be subject to confidentiality under Section 
59-1-403
 or Section 6103, Internal Revenue Code;
and
(B) a document that expressly directs and authorizes the Department of Workforce
Services to disclose to the office the business entity's unemployment insurance contribution
reports that would otherwise be subject to confidentiality under Section 
35A-4-312
;
(ii) with respect to a local government entity that seeks to claim the tax credit:
(A) a document that expressly directs and authorizes the State Tax Commission to
disclose to the office the local government entity's returns and other information that would
otherwise be subject to confidentiality under Section 
59-1-403
 or Section 6103, Internal
Revenue Code; and
(B) if the new state revenues collected as a result of a new commercial project are
attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
business service within a new commercial project within the area of the local government
entity, a document signed by an authorized representative of the new or expanded industrial,
manufacturing, distribution, or business service that:
(I) expressly directs and authorizes the State Tax Commission to disclose to the office
the returns of the new or expanded industrial, manufacturing, distribution, or business service
and other information that would otherwise be subject to confidentiality under Section
59-1-403
 or Section 6103, Internal Revenue Code; and
(II) lists the taxpayer identification number of the new or expanded industrial,
manufacturing, distribution, or business service; or
(iii) with respect to a local government entity that seeks to assign the tax credit to a
community reinvestment agency:
(A) a document signed by the members of the governing body of the community
reinvestment agency that expressly directs and authorizes the State Tax Commission to
disclose to the office the returns of the community reinvestment agency and other information
that would otherwise be subject to confidentiality under Section 
59-1-403
 or Section 6103,
Internal Revenue Code; and
(B) if the new state revenues collected as a result of a new commercial project are
attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
business service within a new commercial project within the community reinvestment agency,
a document signed by an authorized representative of the new or expanded industrial,
manufacturing, distribution, or business service that:
(I) expressly directs and authorizes the State Tax Commission to disclose to the office
the returns of the new or expanded industrial, manufacturing, distribution, or business service
and other information that would otherwise be subject to confidentiality under Section
59-1-403
 or Section 6103, Internal Revenue Code; and
(II) lists the taxpayer identification number of the new or expanded industrial,
manufacturing, distribution, or business service; and
(f) for a business entity only, documentation that the business entity has satisfied the
performance benchmarks outlined in the written agreement described in Subsection
63N-2-104
(3)(a), [
including
] 
and as defined by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, including the creation of new
:
[
(i) the creation of new incremental jobs that are also high paying jobs;
]
[
(ii) significant capital investment;
]
[
(iii) significant purchases from Utah vendors and providers; or
]
[
(iv) a combination of these benchmarks.
]
(i) incremental jobs;
(ii) high paying jobs; and
(iii) state revenue.
(3) (a) The office shall submit the documents described in Subsection (2)(e) to the
State Tax Commission.
(b) Upon receipt of a document described in Subsection (2)(e), the State Tax
Commission shall provide the office with the returns and other information requested by the
office that the State Tax Commission is directed or authorized to provide to the office in
accordance with Subsection (2)(e).
(4) If, with respect to an agreement described in Subsection 
63N-2-104
(3)(a) between
the office and a business entity, the office identifies one of the following events, the office and
the business entity shall amend or the office may terminate the agreement:
(a) a change in the business entity's organization resulting from a merger with or
acquisition of another entity located in the state;
(b) a material increase in the business entity's retail operations that results in new state
revenue not subject to the incentive; or
(c) an increase in the business entity's operations that:
(i) is outside the scope of the agreement or outside the boundaries of a development
zone; and
(ii) results in new state revenue not subject to the incentive.
[
(4)
] 
(5)
 If, after review of the returns and other information provided by the State Tax
Commission, or after review of the ongoing performance of the business entity or local
government entity, the office determines that the returns and other information are inadequate
to provide a reasonable justification for authorizing or continuing a tax credit, the office shall:
(a) (i) deny the tax credit; or
(ii) terminate the agreement described in Subsection 
63N-2-104
(3)(a) for failure to
meet the performance standards established in the agreement; or
(b) inform the business entity or local government entity that the returns or other
information were inadequate and ask the business entity or local government entity to submit
new documentation.
[
(5)
] 
(6)
 If after review of the returns and other information provided by the State Tax
Commission, the office determines that the returns and other information provided by the
business entity or local government entity provide reasonable justification for authorizing a tax
credit, the office shall, based upon the returns and other information:
(a) determine the amount of the tax credit to be granted to the business entity, local
government entity, or if the local government entity assigns the tax credit as described in
Section 
63N-2-104
, to the community reinvestment agency to which the local government
entity assigns the tax credit;
(b) issue a tax credit certificate to the business entity, local government entity, or if the
local government entity assigns the tax credit as described in Section 
63N-2-104
, to the
community reinvestment agency to which the local government entity assigns the tax credit;
and
(c) provide a [
duplicate copy
] 
digital record
 of the tax credit certificate to the State Tax
Commission.
(7) (a) For purposes of determining the amount of a business entity's tax credit in
accordance with this section, the office may establish by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, a process by which the office closely
approximates the amount of taxes the business entity paid under Title 59, Chapter 12, Sales and
Use Tax Act, for a capital project.
(b) The office may apply a process described in Subsection (7)(a) to a business entity
only with respect to a new agreement described in Subsection 
63N-2-104
(3)(a) that takes effect
on or after January 1, 2022.
[
(6)
] 
(8)
 A business entity, local government entity, or community reinvestment agency
may not claim a tax credit unless the business entity, local government entity, or community
reinvestment agency has a tax credit certificate issued by the office.
[
(7)
] 
(9)
 (a) A business entity, local government entity, or community reinvestment
agency may claim a tax credit in the amount listed on the tax credit certificate on its tax return.
(b) A business entity, local government entity, or community reinvestment agency that
claims a tax credit under this section shall retain the tax credit certificate in accordance with
Section 
59-7-614.2
 or 
59-10-1107
.
Section 93. Section 
63N-2-106
 is amended to read:
63N-2-106.
Reports -- Posting monthly and annual reports -- Audit and study of
tax credits.
(1) The office shall include the following information in the annual written report
described in Section [
63N-1-301
] 
63N-1a-306
:
(a) the office's success in attracting new commercial projects to development zones
under this part and the corresponding increase in new incremental jobs;
(b) how many new incremental jobs and high paying jobs are employees of a company
that received tax credits under this part, including the number of employees who work for a
third-party rather than directly for a company, receiving the tax credits under this part;
(c) the estimated amount of tax credit commitments made by the office and the period
of time over which tax credits will be paid;
(d) the economic impact on the state from new state revenues and the provision of tax
credits under this part;
(e) the estimated costs and economic benefits of the tax credit commitments made by
the office;
(f) the actual costs and economic benefits of the tax credit commitments made by the
office; and
(g) tax credit commitments made by the office, with the associated calculation.
(2) Each month, the office shall post on its website and on a state website:
(a) the new tax credit commitments made by the office during the previous month; and
(b) the estimated costs and economic benefits of those tax credit commitments.
(3) (a) On or before November 1, 2014, and every three years after November 1, 2014,
the office shall:
(i) conduct an audit of the tax credits allowed under Section 
63N-2-105
;
(ii) study the tax credits allowed under Section 
63N-2-105
; and
(iii) make recommendations concerning whether the tax credits should be continued,
modified, or repealed.
(b) The audit shall include an evaluation of:
(i) the cost of the tax credits;
(ii) the purposes and effectiveness of the tax credits;
(iii) the extent to which the state benefits from the tax credits; and
(iv) the state's return on investment under this part measured by new state revenues,
compared with the costs of tax credits provided and GOED's expenses in administering this
part.
(c) The office shall provide the results of the audit described in this Subsection (3):
(i) in the written annual report described in Subsection (1); and
(ii) as part of the reviews described in Sections 
59-7-159
 and 
59-10-137
.
Section 94. Section 
63N-2-107
 is amended to read:
63N-2-107.
Reports of new state revenues, partial rebates, and tax credits.
(1) Before October 1 of each year, the office shall submit a report to the Governor's
Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the Division
of Finance identifying:
(a) (i) the total estimated amount of new state revenues created from new commercial
projects in development zones;
(ii) the estimated amount of new state revenues from new commercial projects in
development zones that will be generated from:
(A) sales tax;
(B) income tax; and
(C) corporate franchise and income tax; and
(iii) the minimum number of new incremental jobs and high paying jobs that will be
created before any tax credit is awarded; and
(b) the total estimated amount of tax credits that the office projects that business
entities, local government entities, or community reinvestment agencies will qualify to claim
under this part.
(2) By the first business day of each month, the office shall submit a report to the
Governor's Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the
Division of Finance identifying:
(a) each new agreement entered into by the office since the last report;
(b) the estimated amount of new state revenues that will be generated under each
agreement;
(c) the estimated maximum amount of tax credits that a business entity, local
government entity, or community reinvestment agency could qualify for under each agreement;
and
(d) the minimum number of new incremental jobs and high paying jobs that will be
created before any tax credit is awarded.
(3) At the reasonable request of the Governor's Office of Management and Budget, the
Office of Legislative Fiscal Analyst, or the Division of Finance, the office shall provide
additional information about the tax credit, new incremental jobs and high paying jobs, costs,
and economic benefits related to this part, if the information is part of a public record as
defined in Section 
63G-2-103
.
(4) By June 30, the office shall submit to the Economic Development and Workforce
Services Interim Committee, the Business, Economic Development, and Labor Appropriations
Subcommittee, and the governor, a written report that provides an overview of the
implementation and efficacy of the statewide economic development strategy, including an
analysis of the extent to which the office's programs are aligned with the prevailing economic
conditions expected in the next fiscal year.
Section 95. Section 
63N-2-203
 is amended to read:
63N-2-203.
Powers of the office.
The office shall:
(1) monitor the implementation and operation of this part and conduct a continuing
evaluation of the progress made in the enterprise zones;
(2) evaluate an application for designation as an enterprise zone from a county
applicant or a municipal applicant and determine if the applicant qualifies for that designation;
(3) provide technical assistance to county applicants and municipal applicants in
developing applications for designation as enterprise zones;
(4) assist county applicants and municipal applicants designated as enterprise zones in
obtaining assistance from the federal government and agencies of the state;
(5) assist a qualified business entity in obtaining the benefits of an incentive or
inducement program authorized by this part; and
(6) as part of the annual written report described in Section [
63N-1-301
] 
63N-1a-306
,
prepare an annual evaluation that provides:
(a) based on data from the State Tax Commission, the total amount of tax credits
claimed under this part;
(b) the total amount awarded in tax credits for each development zone;
(c) the number of new full-time employee positions reported to obtain tax credits in
each development zone;
(d) the amount of tax credits awarded for rehabilitating a building in each development
zone;
(e) the amount of tax credits awarded for investing in a plant, equipment, or other
depreciable property in each development zone; and
(f) recommendations regarding the effectiveness of the program and any suggestions
for legislation.
Section 96. Section 
63N-2-213
 is amended to read:
63N-2-213.
State tax credits.
(1) The office shall certify a business entity's eligibility for a tax credit described in this
section.
(2) A business entity seeking to receive a tax credit as provided in this section shall
provide the office with:
(a) an application for a tax credit certificate in a form approved by the office, including
a certification, by an officer of the business entity, of a signature on the application; and
(b) documentation that demonstrates the business entity has met the requirements to
receive the tax credit.
(3) If, after review of an application and documentation provided by a business entity
as described in Subsection (2), the office determines that the application and documentation are
inadequate to provide a reasonable justification for authorizing the tax credit, the office shall:
(a) deny the tax credit; or
(b) inform the business entity that the application or documentation was inadequate
and ask the business entity to submit additional documentation.
(4) If, after review of an application and documentation provided by a business entity
as described in Subsection (2), the office determines that the application and documentation
provide reasonable justification for authorizing a tax credit, the office shall:
(a) determine the amount of the tax credit to be granted to the business entity;
(b) issue a tax credit certificate to the business entity; and
(c) provide a [
duplicate copy
] 
digital record
 of the tax credit certificate to the State Tax
Commission.
(5) A business entity may not claim a tax credit under this section unless the business
entity has a tax credit certificate issued by the office.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules describing:
(a) the form and content of an application for a tax credit under this section;
(b) the documentation requirements for a business entity to receive a tax credit
certificate under this section; and
(c) administration of the program, including relevant timelines and deadlines.
(7) Subject to the limitations of Subsections (8) through (10), and if the requirements
of this part are met, the following nonrefundable tax credits against a tax under Title 59,
Chapter 7, Corporate Franchise and Income Taxes, or Title 59, Chapter 10, Individual Income
Tax Act, are applicable in an enterprise zone:
(a) a tax credit of $750 may be claimed by a business entity for each new full-time
employee position created within the enterprise zone;
(b) an additional $500 tax credit may be claimed if the new full-time employee position
created within the enterprise zone pays at least 125% of:
(i) the county average monthly nonagricultural payroll wage for the respective industry
as determined by the Department of Workforce Services; or
(ii) if the county average monthly nonagricultural payroll wage is not available for the
respective industry, the total average monthly nonagricultural payroll wage in the respective
county where the enterprise zone is located;
(c) an additional tax credit of $750 may be claimed if the new full-time employee
position created within the enterprise zone is in a business entity that adds value to agricultural
commodities through manufacturing or processing;
(d) an additional tax credit of $200 may be claimed for each new full-time employee
position created within the enterprise zone that is filled by an employee who is insured under
an employer-sponsored health insurance program if the employer pays at least 50% of the
premium cost for the year for which the credit is claimed;
(e) a tax credit of 25% of the first $200,000 spent on rehabilitating a building in the
enterprise zone that has been vacant for two years or more, including that the building has had
or contained no occupants, tenants, furniture, or personal property for two years or more, in the
time period immediately before the rehabilitation; and
(f) an annual investment tax credit may be claimed in an amount equal to 5% of the first
$750,000 qualifying investment in plant, equipment, or other depreciable property.
(8) (a) Subject to the limitations of Subsection (8)(b), a business entity claiming a tax
credit under Subsections (7)(a) through (d) may claim the tax credit for no more than 30
full-time employee positions in a taxable year.
(b) A business entity that received a tax credit for one or more new full-time employee
positions under Subsections (7)(a) through (d) in a prior taxable year may claim a tax credit for
a new full-time employee position in a subsequent taxable year under Subsections (7)(a)
through (d) if:
(i) the business entity has created a new full-time position within the enterprise zone;
and
(ii) the total number of employee positions at the business entity at any point during the
tax year for which the tax credit is being claimed is greater than the highest number of
employee positions that existed at the business entity in the previous taxable year.
(c) Construction jobs are not eligible for the tax credits under Subsections (7)(a)
through (d).
(9) If the amount of a tax credit under this section exceeds a business entity's tax
liability under this chapter for a taxable year, the business entity may carry forward the amount
of the tax credit exceeding the liability for a period that does not exceed the next three taxable
years.
(10) Tax credits under Subsections (7)(a) through (f) may not be claimed by a business
entity primarily engaged in retail trade
, residential rental property,
 or by a public utilities
business.
(11) A business entity that has no employees:
(a) may not claim tax credits under Subsections (7)(a) through (d); and
(b) may claim tax credits under Subsections (7)(e) through (f).
(12) (a) A business entity may not claim or carry forward a tax credit available under
this part for a taxable year during which the business entity has claimed the targeted business
income tax credit available under Section 
63N-2-304
.
(b) A business entity may not claim or carry forward a tax credit available under this
section for a taxable year during which the business entity claims or carries forward a tax credit
available under Section 
59-7-610
 or 
59-10-1007
.
(13) (a) On or before November 30, 2018, and every three years after 2018, the
Revenue and Taxation Interim Committee shall review the tax credits provided by this section
and make recommendations concerning whether the tax credits should be continued, modified,
or repealed.
(b) In conducting the review required by Subsection (13)(a), the Revenue and Taxation
Interim Committee shall:
(i) schedule time on at least one committee agenda to conduct the review;
(ii) invite state agencies, individuals, and organizations concerned with the credits
under review to provide testimony;
(iii) ensure that the recommendations described in this section include an evaluation of:
(A) the cost of the tax credits to the state;
(B) the purpose and effectiveness of the tax credits; and
(C) the extent to which the state benefits from the tax credits; and
(iv) undertake other review efforts as determined by the chairs of the Revenue and
Taxation Interim Committee.
Section 97. Section 
63N-2-303
 is amended to read:
63N-2-303.
Duties of the office.
The office shall:
(1) monitor the implementation and operation of this part and conduct a continuing
evaluation of the effectiveness of the targeted business income tax credit in bringing significant
new employment and significant new capital development to rural communities;
(2) determine a business entity's eligibility for a targeted business income tax credit
award;
(3) ensure that tax credits are only awarded under this part to a business applicant that
has satisfied performance benchmarks as determined by the office;
(4) ensure that the amount of targeted business income tax credit awarded to a business
applicant through a targeted business income tax credit eligibility certificate is no more than
$100,000 for the business applicant's taxable year;
(5) ensure that the aggregate amount of targeted business income tax credits awarded to
business applicants through targeted business income tax credit eligibility certificates is no
more than $300,000 for each fiscal year;
(6) as part of the annual written report described in Section [
63N-1-301
] 
63N-1a-306
,
prepare an annual evaluation that provides:
(a) the identity of each business applicant that was provided a targeted business income
tax credit eligibility certificate by the office during the year of the annual report; and
(b) the total amount awarded in targeted business income tax credit for each
development zone; and
(7) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
in accordance with the provisions of this part, make rules regarding:
(a) the determination of what constitutes:
(i) significant new employment;
(ii) significant new capital development; and
(iii) a community investment project;
(b) the form and content of an application for a targeted business income tax credit
eligibility certificate under this part;
(c) documentation or other requirements for a business applicant to receive a targeted
business income tax credit eligibility certificate under this part; and
(d) administration of targeted business income tax credit awards and the issuing of
targeted business income tax credit eligibility certificates, including relevant timelines and
deadlines.
Section 98. Section 
63N-2-503
 is amended to read:
63N-2-503.
Agreement for development of new convention hotel -- Convention
incentive authorized -- Agreement requirements.
(1) The office, with the board's advice, may enter into an agreement with a qualified
hotel owner or a host local government:
(a) for the development of a qualified hotel; and
(b) to authorize a convention incentive:
(i) to the qualified hotel owner or host local government, but not both;
(ii) for a period not to exceed the eligibility period;
(iii) in the amount of new tax revenue, subject to Subsection (2) and notwithstanding
any other restriction provided by law;
(iv) if:
(A) the county in which the qualified hotel is proposed to be located has issued an
endorsement letter endorsing the qualified hotel owner; and
(B) all applicable requirements of this part and the agreement are met; and
(v) that is reduced by $1,900,000 per year during the first two years of the eligibility
period, as described in Subsection (2)(c).
(2) An agreement under Subsection (1) shall:
(a) specify the requirements for the qualified hotel owner or host local government to
qualify for a convention incentive;
(b) require compliance with the terms of the endorsement letter issued by the county in
which the qualified hotel is proposed to be located;
(c) require the amount of certified claims for the first two years of the eligibility period
to be reduced by $1,900,000 per year;
(d) with respect to the state portion of the convention incentive:
(i) specify the maximum dollar amount that the qualified hotel owner or host local
government may receive, subject to a maximum of:
(A) for any calendar year, the amount of the state portion in that calendar year; and
(B) $75,000,000 in the aggregate for the qualified hotel owner or host local
government during an eligibility period, calculated as though the two $1,900,000 reductions of
the [
tax credit
] 
convention incentive
 amount under Subsection (1)(b)(iv) had not occurred; and
(ii) specify the maximum percentage of the state portion that may be used in
calculating the portion of the convention incentive that the qualified hotel owner or host local
government may receive during the eligibility period for each calendar year and in the
aggregate;
(e) establish a shorter period of time than the period described in Subsection
63N-2-502
(10)(a) during which the qualified hotel owner or host local government may claim
the convention incentive or that the host agency may be paid incremental property tax revenue,
if the office and qualified hotel owner or host local government agree to a shorter period of
time;
(f) require the qualified hotel owner to retain books and records supporting a claim for
the convention incentive as required by Section 
59-1-1406
;
(g) allow the transfer of the agreement to a third party if the third party assumes all
liabilities and responsibilities in the agreement;
(h) limit the expenditure of funds received under the convention incentive as provided
in Section 
63N-2-512
; and
(i) require the qualified hotel owner or host local government to submit to any audit
and to provide any audit level [
attestation
] 
review
 or other level of review the office considers
appropriate for verification of any claim.
(3) Notwithstanding any other provision of law, a county or city in which a qualified
hotel is located may contribute property to the qualified hotel owner or host local government
without consideration, to be used as provided in Subsection 
63N-2-508
(3)(a).
Section 99. Section 
63N-2-504
 is amended to read:
63N-2-504.
Independent review committee.
(1) In accordance with rules adopted by the office under Section 
63N-2-509
, the
[
board
] 
GO Utah board
 shall establish a separate, independent review committee to provide
recommendations to the office regarding the terms and conditions of an agreement and to
consult with the office as provided in this part or in rule.
(2) The review committee shall consist of:
(a) one member appointed by the executive director to represent the office;
(b) two members appointed by the mayor or chief executive of the county in which the
qualified hotel is located or proposed to be located;
(c) two members appointed by:
(i) the mayor of the municipality in which the qualified hotel is located or proposed to
be located, if the qualified hotel is located or proposed to be located within the boundary of a
municipality; or
(ii) the mayor or chief executive of the county in which the qualified hotel is located or
proposed to be located, in addition to the two members appointed under Subsection (2)(b), if
the qualified hotel is located or proposed to be located outside the boundary of a municipality;
(d) an individual representing the hotel industry, appointed by the Utah Hotel and
Lodging Association;
(e) an individual representing the commercial development and construction industry,
appointed by the president or chief executive officer of the local chamber of commerce;
(f) an individual representing the convention and meeting planners industry, appointed
by the president or chief executive officer of the local convention and visitors bureau; and
(g) one member appointed by the [
board
] 
GO Utah board
.
(3) (a) A member serves an indeterminate term and may be removed from the review
committee by the appointing authority at any time.
(b) A vacancy may be filled in the same manner as an appointment under Subsection
(2).
(4) A member of the review committee may not be paid for serving on the review
committee and may not receive per diem or expense reimbursement.
(5) The office shall provide any necessary staff support to the review committee.
Section 100. Section 
63N-2-510
 is amended to read:
63N-2-510.
Report by office -- Posting of report.
(1) The office shall include the following information in the office's annual written
report described in Section [
63N-1-301
] 
63N-1a-306
:
(a) the state's success in attracting new conventions and corresponding new state
revenue;
(b) the estimated amount of convention incentive commitments and the associated
calculation made by the office and the period of time over which convention incentives are
expected to be paid;
(c) the economic impact on the state related to generating new state revenue and
providing convention incentives; and
(d) the estimated and actual costs and economic benefits of the convention incentive
commitments that the office made.
(2) Upon the commencement of the construction of a qualified hotel, the office shall
send a written notice to the Division of Finance:
(a) referring to the two annual deposits required under Subsection 
59-12-103
(11); and
(b) notifying the Division of Finance that construction on the qualified hotel has begun.
Section 101. Section 
63N-2-512
 is amended to read:
63N-2-512.
Hotel Impact Mitigation Fund.
(1) As used in this section:
(a) "Affected hotel" means a hotel built in the state before July 1, 2014.
(b) "Direct losses" means affected hotels' losses of hotel guest business attributable to
the qualified hotel room supply being added to the market in the state.
(c) "Mitigation fund" means the Hotel Impact Mitigation Fund, created in Subsection
(2).
(2) There is created an expendable special revenue fund known as the Hotel Impact
Mitigation Fund.
(3) The mitigation fund shall:
(a) be administered by the [
board
] 
GO Utah board
;
(b) earn interest; and
(c) be funded by:
(i) payments required to be deposited into the mitigation fund by the Division of
Finance under Subsection 
59-12-103
(11);
(ii) money required to be deposited into the mitigation fund under Subsection
17-31-9
(2) by the county in which a qualified hotel is located; and
(iii) any money deposited into the mitigation fund under Subsection (6).
(4) Interest earned by the mitigation fund shall be deposited into the mitigation fund.
(5) (a) In accordance with office rules, the [
board
] 
GO Utah board
 shall annually pay
up to $2,100,000 of money in the mitigation fund:
(i) to affected hotels;
(ii) for four consecutive years, beginning 12 months after the date of initial occupancy
of the qualified hotel occurs; and
(iii) to mitigate direct losses.
(b) (i) If the amount the [
board
] 
GO Utah board
 pays under Subsection (5)(a) in any
year is less than $2,100,000, the [
board
] 
GO Utah board
 shall pay to the Stay Another Day and
Bounce Back Fund, created in Section 
63N-2-511
, the difference between $2,100,000 and the
amount paid under Subsection (5)(a).
(ii) The [
board
] 
GO Utah board
 shall make any required payment under Subsection
(5)(b)(i) within 90 days after the end of the year for which a determination is made of how
much the [
board
] 
GO Utah board
 is required to pay to affected hotels under Subsection (5)(a).
(6) A host local government or qualified hotel owner may make payments to the
Division of Finance for deposit into the mitigation fund.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall, in consultation with the Utah Hotel and Lodging Association and the county in
which the qualified hotel is located, make rules establishing procedures and criteria governing
payments under Subsection (5)(a) to affected hotels.
Section 102. Section 
63N-2-808
 is amended to read:
63N-2-808.
Agreements between office and tax credit applicant and life science
establishment -- Tax credit certificate.
(1) (a) The office, with advice from the [
board
] 
GO Utah board
, may enter into an
agreement to grant a tax credit certificate to a tax credit applicant selected in accordance with
this part, if the tax credit applicant meets the conditions established in the agreement and under
this part.
(b) The agreement described in Subsection (1)(a) shall:
(i) detail the requirements that the tax credit applicant shall meet prior to receiving a
tax credit certificate;
(ii) require the tax credit certificate recipient to retain records supporting a claim for a
tax credit for at least four years after the tax credit certificate recipient claims a tax credit under
this part; and
(iii) require the tax credit certificate recipient to submit to audits for verification of the
tax credit claimed, including audits by the office and by the State Tax Commission.
(2) (a) The office, with advice from the [
board
] 
GO Utah board
, shall enter into an
agreement with the life science establishment in which the tax credit applicant invested for
purposes of claiming a tax credit.
(b) The agreement described in Subsection (2)(a):
(i) shall provide the office with a document that expressly and directly authorizes the
State Tax Commission to disclose to the office the life science establishment's tax returns and
other information that would otherwise be subject to confidentiality under Section 
59-1-403
 or
Section 6103, Internal Revenue Code;
(ii) shall authorize the Department of Workforce Services to disclose to the office the
employment data that the life science establishment submits to the Department of Workforce
Services;
(iii) shall require the life science establishment to provide the office with the life
science establishment's current capitalization tables; and
(iv) may require the life science establishment to provide the office with other data
that:
(A) ensure compliance with the requirements of this chapter; and
(B) demonstrate the economic impact of the tax credit applicant's investment in the life
science establishment.
Section 103. Section 
63N-2-810
 is amended to read:
63N-2-810.
Reports on tax credit certificates.
The office shall include the following information in the annual written report described
in Section [
63N-1-301
] 
63N-4-106
:
(1) the total amount listed on tax credit certificates the office issues under this part;
(2) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
credit applicants under this part; and
(3) the economic impact on the state related to providing tax credits under this part.
Section 104. Section 
63N-3-102
 is amended to read:
63N-3-102.
Definitions.
As used in this part:
(1) "Administrator" means the executive director or the executive director's designee.
[
(2) "Best available control technology" means a pollution control method that is
approved by the United States Environmental Protection Agency or the Department of
Environmental Quality to control a certain pollutant type to a specified degree.
]
[
(3) "Company creating an economic impediment" means a company that discourages
economic development within a reasonable radius of its location because of:
]
[
(a) odors;
]
[
(b) noise;
]
[
(c) pollution;
]
[
(d) health hazards; or
]
[
(e) other activities similar to those described in Subsections (3)(a) through (d).
]
[
(4)
] 
(2)
 "Economic opportunities" means unique business situations or community
circumstances, including the development of recreation infrastructure and the promotion of the
high tech sector in the state, which lend themselves to the furtherance of the economic interests
of the state by providing a catalyst or stimulus to the growth or retention, or both, of commerce
and industry in the state, including retention of companies whose relocation outside the state
would have a significant detrimental economic impact on the state as a whole, regions of the
state, or specific components of the state as determined by the [
board
] 
GO Utah board
.
[
(5) "Economically disadvantaged rural area" means a geographic area designated by
the board under Section 
63N-3-111
.
]
[
(6) "Nonattainment area" means a part of the state where air quality is determined to
exceed the National Ambient Air Quality Standards, as defined in the Clean Air Act
Amendments of 1970, Pub. L. No. 91-604, Sec. 109, for fine particulate matter (PM 2.5).
]
[
(7) "Replacement company" means a company locating its business or part of its
business in a location vacated by a company creating an economic impediment.
]
[
(8)
] 
(3)
 "Restricted Account" means the restricted account known as the Industrial
Assistance Account created in Section 
63N-3-103
.
[
(9)
] 
(4)
 "Targeted industry" means an industry or group of industries targeted by the
[
board
] 
GO Utah board
 under Section 
63N-3-111
, for economic development in the state.
(5) "Talent development grant" means a grant awarded under Section 
63N-3-112
.
Section 105. Section 
63N-3-103
 is amended to read:
63N-3-103.
Industrial Assistance Account created -- Uses -- Administrator duties
-- Costs.
(1) There is created a restricted account within the General Fund known as the
"Industrial Assistance Account" [
of which annually:
]
.
[
(a) up to 50% of the unencumbered money in the account may be used in
economically disadvantaged rural areas; and
]
[
(b) up to the greater of $250,000 or 25% of the unencumbered money in the account
may be used to take timely advantage of economic opportunities as they arise.
]
(2) The administrator shall administer the restricted account [
created under Subsection
(1) under the policy direction of the board
].
(3) The administrator may hire appropriate support staff to perform the duties required
under this section.
(4) The cost of administering the restricted account shall be paid from money in the
restricted account.
(5) Interest accrued from investment of money in the restricted account shall remain in
the restricted account.
(6) The office shall review the activities and progress of grant recipients under this
chapter on a regular basis and, as part of the office's annual written report described in Section
[
63N-1-301
] 
63N-1a-306
, report on the economic impact of activities funded by [
the grants
]
each grant
.
Section 106. Section 
63N-3-105
 is amended to read:
63N-3-105.
Qualification for assistance.
(1) 
(a)
 Except as provided in [
Section 
63N-3-108
, 
63N-3-109
, or 
63N-3-109.5
,
]
Section 
63N-3-109
,
 the administrator shall determine which industries, companies, and
individuals qualify to receive money from the Industrial Assistance Account.
(b)
 Except as provided by Subsection (2), to qualify for financial assistance from the
restricted account, an applicant shall:
[
(a)
] 
(i)
 demonstrate to the satisfaction of the administrator that the applicant will
expend funds in [
Utah
] 
the state
 with employees, vendors, subcontractors, or other businesses
in an amount proportional with money provided from the restricted account at a minimum ratio
of [
to 1
] 
one to one
 per year or other more stringent requirements as established [
from time to
time by the board for a minimum period of five years beginning with the date the loan or grant
was approved
] 
on a per project basis by the administrator
;
[
(b)
] 
(ii)
 demonstrate to the satisfaction of the administrator the applicant's ability to
sustain economic activity in the state sufficient to repay, by means of cash or appropriate
credits, the loan provided by the restricted account; and
[
(c)
] 
(iii)
 satisfy other criteria the administrator considers appropriate.
(2) (a) The administrator may exempt an applicant from the requirements of Subsection
(1)(a) or (b) if:
[
(i) the financial assistance is provided to an applicant for the purpose of locating all or
any portion of its operations to an economically disadvantaged rural area;
]
[
(ii)
] 
(i)
 the applicant is part of a targeted industry;
[
(iii)
] 
(ii)
 the applicant is a quasi-public corporation organized under Title 16, Chapter
6a, Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent
Corporations Act, and its operations, as demonstrated to the satisfaction of the administrator,
will provide significant economic stimulus to the growth of commerce and industry in the state;
or
[
(iv)
] 
(iii)
 the applicant is an entity offering an economic opportunity under Section
63N-3-109
.
(b) The administrator may not exempt the applicant from the requirement under
Subsection 
63N-3-106
(2)(b) that the loan be structured so that the repayment or return to the
state equals at least the amount of the assistance together with an annual interest charge.
(3) The administrator shall:
(a) for applicants not described in Subsection (2)(a):
(i) make findings as to whether or not each applicant has satisfied each of the
conditions set forth in Subsection (1); and
(ii) monitor the continued compliance by each applicant with each of the conditions set
forth in Subsection (1) for five years;
[
(b) for applicants described in Subsection (2)(a), make findings as to whether the
economic activities of each applicant has resulted in the creation of new jobs on a per capita
basis in the economically disadvantaged rural area or targeted industry in which the applicant is
located;
]
[
(c)
] 
(b)
 monitor the compliance by each applicant with the provisions of any contract
or agreement entered into between the applicant and the state as provided in Section
63N-3-107
; and
[
(d)
] 
(c)
 make funding decisions based upon appropriate findings and compliance.
Section 107. Section 
63N-3-106
 is amended to read:
63N-3-106.
Loans, grants, and assistance -- Repayment -- Earned credits.
(1) (a) A company that qualifies under Section 
63N-3-105
 may receive loans, grants, or
other financial assistance from the Industrial Assistance Account for expenses related to
establishment, relocation, or development of industry in Utah.
[
(b) A company creating an economic impediment that qualifies under Section
63N-3-108
 may in accordance with this part receive loans, grants, or other financial assistance
from the restricted account for the expenses of the company creating an economic impediment
related to:
]
[
(i) relocation to a rural area in Utah of the company creating an economic
impediment; and
]
[
(ii) the siting of a replacement company.
]
[
(c)
] 
(b)
 An entity offering an economic opportunity that qualifies under Section
63N-3-109
 may:
(i) receive loans, grants, or other financial assistance from the restricted account for
expenses related to the establishment, relocation, retention, or development of industry in the
state; and
(ii) include infrastructure or other economic development precursor activities that act
as a catalyst and stimulus for economic activity likely to lead to the maintenance or
enlargement of the state's tax base.
[
(d) An entity located in a nonattainment area that qualifies for assistance under
Section 
63N-3-109.5
 may receive loans, grants, or other financial assistance from the restricted
account for expenses related to the purchase and installation of best available control
technology for air quality, including related financing and interest costs at the discretion of the
administrator.
]
(2) (a) Subject to Subsection (2)(b), the administrator has authority to determine the
structure, amount, and nature of any loan, grant, or other financial assistance from the restricted
account.
(b) Loans made under Subsection (2)(a) shall be structured so the intended repayment
or return to the state, including cash or credit, equals at least the amount of the assistance
together with an annual interest charge as negotiated by the administrator.
(c) Payments resulting from grants awarded from the restricted account shall be made
only after the administrator has determined that the company has satisfied the conditions upon
which the payment or earned credit was based.
(3) (a) (i) Except as provided in Subsection (3)(b), the administrator may provide for a
system of earned credits that may be used to support grant payments or in lieu of cash
repayment of a restricted account loan obligation.
(ii) The value of the credits described in Subsection (3)(a)(i) shall be based on factors
determined by the administrator, including:
(A) the number of Utah jobs created;
(B) the increased economic activity in Utah; or
(C) other events and activities that occur as a result of the restricted account assistance.
(b) (i) The administrator shall provide for a system of credits to be used to support
grant payments or in lieu of cash repayment of a restricted account loan when loans are made to
a company creating an economic impediment.
(ii) The value of the credits described in Subsection (3)(b)(i) shall be based on factors
determined by the administrator, including:
(A) the number of Utah jobs created;
(B) the increased economic activity in Utah; or
(C) other events and activities that occur as a result of the restricted account assistance.
(4) (a) A cash loan repayment or other cash recovery from a company receiving
assistance under this section, including interest, shall be deposited into the restricted account.
(b) The administrator and the Division of Finance shall determine the manner of
recognizing and accounting for the earned credits used in lieu of loan repayments or to support
grant payments as provided in Subsection (3).
(5) (a) (i) At the end of each fiscal year, the Division of Finance shall set aside the
balance of the General Fund revenue surplus as defined in Section 
63J-1-312
 after the transfers
of General Fund revenue surplus described in Subsection (5)(b) to the Industrial Assistance
Account in an amount equal to any credit that has accrued under this part.
(ii) The set aside under Subsection (5)(a)(i) shall be capped at $50,000,000, at which
time no subsequent contributions may be made and any interest accrued above the $50,000,000
cap shall be deposited into the General Fund.
(b) The set aside required by Subsection (5)(a) shall be made after the transfer of
surplus General Fund revenue surplus is made:
(i) to the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as
provided in Section 
63J-1-315
;
(ii) to the General Fund Budget Reserve Account, as provided in Section 
63J-1-312
;
and
(iii) to the Wildland Fire Suppression Fund or State Disaster Recovery Restricted
Account, as provided in Section 
63J-1-314
.
(c) These credit amounts may not be used for purposes of the restricted account as
provided in this part until appropriated by the Legislature.
Section 108. Section 
63N-3-109
 is amended to read:
63N-3-109.
Financial assistance to entities offering economic opportunities.
(1) Subject to the duties and powers of the [
board under Section 
63N-1-402
] 
GO Utah
board under Section 
63N-1b-202
, the administrator may provide money from the Industrial
Assistance Account to an entity offering an economic opportunity if that entity:
(a) applies to the administrator in a form approved by the administrator; and
(b) meets the qualifications of Subsection (2).
(2) As part of an application for receiving money under this section, an applicant shall:
(a) demonstrate to the satisfaction of the administrator the nature of the economic
opportunity and the related benefit to the economic well-being of the state by providing
evidence documenting the logical and compelling linkage, either direct or indirect, between the
expenditure of money necessitated by the economic opportunity and the likelihood that the
state's tax base, regions of the state's tax base, or specific components of the state's tax base
will not be reduced but will be maintained or enlarged;
(b) demonstrate how the funding request will act in concert with other state, federal, or
local agencies to achieve the economic benefit;
(c) demonstrate how the funding request will act in concert with free market principles;
and
(d) satisfy other criteria the administrator considers appropriate[
;
]
.
[
(e) if the applicant meets the requirements of Subsection (2)(f)(i):
]
[
(i) demonstrate that the funding request will be used primarily to reimburse an
applicant for expenses related to a program of marketing and branding for an annual conference
or festival with at least 10,000 attendees that is held on or after January 1, 2019; and
]
[
(ii) demonstrate that an annual conference or festival described in Subsection (2)(f)(i)
has met post-performance requirements designated by the administrator, in coordination with
the organizer of an annual conference or festival, which shall include metrics and reporting
requirements related to:
]
[
(A) attendance;
]
[
(B) revenue;
]
[
(C) expenses;
]
[
(D) economic impact to the state;
]
[
(E) sponsorships; and
]
[
(F) conference or festival objectives; and
]
[
(f) be either:
]
[
(i) an entity whose purpose is to exclusively or substantially promote, develop, or
maintain the economic welfare and prosperity of the state as a whole, regions of the state, or
specific components of the state, including an entity that hosts an annual conference or festival
with at least 10,000 attendees; or
]
[
(ii) a company or individual that meets the requirements of Subsections (2)(a) through
(d) but does not otherwise qualify under Section 
63N-3-105
.
]
(3) [
Subject to the duties and powers of the board under Section 
63N-1-402
] 
Before
awarding any money under this section
, the administrator shall:
(a) make findings as to whether an applicant has satisfied [
each of the conditions
described in
] 
the requirements of
 Subsection (2);
(b) establish benchmarks and timeframes in which progress toward the completion of
the agreed upon activity is to occur;
(c) monitor compliance by an applicant with any contract or agreement entered into by
the applicant and the state as provided by Section 
63N-3-107
; 
and
(d) make funding decisions based upon appropriate findings and compliance[
; and
]
.
[
(e) in cooperation with each entity that has received money from the Industrial
Assistance Account in accordance with Subsection (2)(e), provide a written report on or before
October 1 of each year describing the total amount of money provided by the state for each
annual conference or festival during the year and the total cost from all sources of holding each
annual conference or festival during the year to the:
]
[
(i) office for inclusion in the office's annual report described in Section 
63N-1-301
;
and
]
[
(ii) Economic Development and Workforce Services Interim Committee.
]
Section 109. Section 
63N-3-111
 is amended to read:
63N-3-111.
Annual policy considerations.
(1) (a) The [
board
] 
GO Utah board
 shall determine annually which industries or groups
of industries shall be targeted industries as defined in Section 
63N-3-102
.
(b) The office shall make recommendations to state and federal agencies, local
governments, the governor, and the Legislature regarding policies and initiatives that promote
the economic development of targeted industries.
(c) The office may create one or more voluntary advisory committees that may include
public and private stakeholders to solicit input on policy guidance and best practices in
encouraging the economic development of targeted industries.
[
(2) In designating an economically disadvantaged rural area, the board shall consider
the average agricultural and nonagricultural wage, personal income, unemployment, and
employment in the area.
]
[
(3)
] 
(2)
 In evaluating the economic impact of applications for assistance, the [
board
]
GO Utah board
 shall use an econometric cost-benefit model [
or models adopted by the
Governor's Office of Management and Budget
].
[
(4)
] 
(3)
 The [
board
] 
GO Utah board
 may establish:
(a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
such as the rate of unemployment; and
(b) minimum applicant expense ratios, as long as they are at least equal to those
required under Subsection 
63N-3-105
(1)[
(a)
]
(b)
 [
or 
63N-3-108
(1)(b)(i)(A)
].
Section 110. Section 
63N-3-112
 is enacted to read:
 63N-3-112.
Talent development grants.
(1) A for-profit business that is creating new incremental high paying jobs in the state,
may apply to receive a talent development grant from the restricted account.
(2) In accordance with the provisions of this section and in consultation with the board,
the administrator may award up to $10,000 per new job created.
(3) The administrator shall designate an application process for a business to apply for
the grant.
(4) A business may apply to receive a grant only after each employee has been
employed at qualifying wage levels for at least 12 consecutive months.
(5) Money granted for a talent development grant under this section shall be deducted
from any other money or incentive awarded by the office to the business.
(6) Grants awarded under this section are only to reimburse a business for the costs
incurred to recruit, hire, train, and otherwise employ an employee in a newly created job.
(7) A business shall submit a hiring and training plan detailing what the grant money
will be used for as part of the application process.
(8) The administrator may only grant an award up to an amount that is no more than
25% of the estimated costs to be incurred by the business for the costs in the hiring and training
plan.
Section 111. Section 
63N-3-204
 is amended to read:
63N-3-204.
Administration -- Grants and loans.
(1) The office shall administer this part.
(2) (a) (i) The office may award Technology Commercialization and Innovation
Program grants or issue loans under this part to an applicant that is:
(A) an institution of higher education;
(B) a licensee; or
(C) a small business.
(ii) If loans are issued under Subsection (2)(a)(i), the Division of Finance may set up a
fund or account as necessary for the proper accounting of the loans.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules for a process to determine whether an institution of higher education
that receives a grant under this part must return the grant proceeds or a portion of the grant
proceeds if the technology that is developed with the grant proceeds is licensed to a licensee
that:
(i) does not maintain a manufacturing or service location in the state from which the
licensee or a sublicensee exploits the technology; or
(ii) initially maintains a manufacturing or service location in the state from which the
licensee or a sublicensee exploits the technology, but within five years after issuance of the
license the licensee or sublicensee transfers the manufacturing or service location for the
technology to a location out of the state.
(c) A repayment by an institution of higher education of grant proceeds or a portion of
the grant proceeds may only come from the proceeds of the license established between the
licensee and the institution of higher education.
(d) (i) An applicant that is a licensee or small business that receives a grant under this
part shall return the grant proceeds or a portion of the grant proceeds to the office if the
applicant:
(A) does not maintain a manufacturing or service location in the state from which the
applicant exploits the technology; or
(B) initially maintains a manufacturing or service location in the state from which the
applicant exploits the technology, but within five years after issuance of the grant, the applicant
transfers the manufacturing or service location for the technology to an out-of-state location.
(ii) A repayment by an applicant shall be prorated based on the number of full years the
applicant operated in the state from the date of the awarded grant.
(iii) A repayment by a licensee that receives a grant may only come from the proceeds
of the license to that licensee.
(3) (a) Funding allocations shall be made by the office with the advice of the [
board
]
GO Utah board
.
(b) Each proposal shall receive the best available outside review.
(4) (a) In considering each proposal, the office shall weigh technical merit, the level of
matching funds from private and federal sources, and the potential for job creation and
economic development.
(b) Proposals or consortia that combine and coordinate related research at two or more
institutions of higher education shall be encouraged.
(5) The office shall review the activities and progress of grant recipients on a regular
basis and, as part of the office's annual written report described in Section [
63N-1-301
]
63N-1a-306
, report on the accomplishments and direction of the Technology
Commercialization and Innovation Program.
(6) (a) On or before August 1, 2018, the office shall provide a written analysis and
recommendations concerning the usefulness of the Technology Commercialization and
Innovation Program described in this part, including whether:
(i) the program is beneficial to the state and should continue; and
(ii) other office programs or programs in other agencies could provide similar benefits
to the state more effectively or at a lower cost.
(b) The written analysis and recommendations described in this Subsection (6) shall be
provided to:
(i) the Business, Economic Development, and Labor Appropriations Subcommittee;
(ii) the Economic Development and Workforce Services Interim Committee;
(iii) the Business and Labor Interim Committee; and
(iv) the governor. 
Section 112. Section 
63N-4-101
 is amended to read:
Part 1. Center for Rural Development
63N-4-101.
Title -- Definitions.
(1) This chapter is known as the "Rural Development Act."
[
(2) This part is known as the "Office of Rural Development."
]
[
(3) As used in this part:
]
[
(a) "Office" or "GOED" means the Governor's Office of Economic Development.
]
[
(b) "Program" means the Rural Development Program.
]
(2) As used in this part, "program" means the Rural Development Program created in
Section 
63N-4-102
.
Section 113. Section 
63N-4-102
 is amended to read:
63N-4-102.
Rural Development Program -- Supervision by office.
(1) There is created within the [
Governor's Office of Economic Development
] 
office
the [
Office of
] 
Center for
 Rural Development.
(2) The [
Office of
] 
Center for
 Rural Development is under the administration and
general supervision of the [
Governor's Office of Economic Development
] 
office
.
Section 114. Section 
63N-4-103
 is amended to read:
63N-4-103.
Purpose of the Center for Rural Development.
The [
Office of
] 
Center for
 Rural Development is established to:
(1) foster and support economic development programs and activities for the benefit of
rural counties and communities;
(2) foster and support community, county, and resource management planning
programs and activities for the benefit of rural counties and communities;
(3) foster and support leadership training programs and activities for the benefit of:
(a) rural leaders in both the public and private sectors;
(b) economic development and planning personnel; and
(c) rural government officials;
(4) foster and support efforts to coordinate and focus the technical and other resources
of appropriate institutions of higher education, local governments, private sector interests,
associations, nonprofit organizations, federal agencies, and others, in ways that address the
economic development, planning, and leadership challenges [
and priorities of rural Utah as
identified in the strategic plan required under Subsection 
63C-10-103
(1)(b)
];
(5) work to enhance the capacity of GOED to address rural economic development,
planning, and leadership training challenges and opportunities by establishing partnerships and
positive working relationships with appropriate public and private sector entities, individuals,
and institutions; and
(6) foster government-to-government collaboration and good working relations
between state and rural government regarding economic development and planning issues.
Section 115. Section 
63N-4-104
 is amended to read:
63N-4-104.
Duties.
(1) The [
Office of
] 
Center for
 Rural Development shall:
[
(a) provide staff support to the Governor's Rural Partnership Board in accordance with
Subsection 
63C-10-102
(6);
]
[
(b) facilitate within GOED the implementation of the strategic plan prepared under
Subsection 
63C-10-103
(1)(b);
]
[
(c)
] 
(a)
 work to enhance the capacity of [
GOED
] 
the office
 to address rural economic
development, planning, and leadership training challenges and opportunities by establishing
partnerships and positive working relationships with appropriate public and private sector
entities, individuals, and institutions;
[
(d)
] 
(b)
 work with the [
Governor's Rural Partnership Board
] 
GO Utah board
 to
coordinate and focus available resources in ways that address the economic development,
planning, and leadership training challenges and priorities in rural Utah;
[
(e)
] 
(c)
 assist [
the Governor's Rural Partnership Board
] in administering the Rural
County Grant Program created in Section 
17-54-103
, including, as described in Subsection
17-54-103
(10), compiling reported information regarding the program for inclusion in
[
GOED's
] 
the office's
 annual written report described in Section [
63N-1-301
] 
63N-1a-306
; and
[
(f)
] 
(d)
 in accordance with economic development and planning policies set by state
government, coordinate relations between:
(i) the state;
(ii) rural governments;
(iii) other public and private groups engaged in rural economic planning and
development; and
(iv) federal agencies.
(2) (a) The [
Office of
] 
Center for
 Rural Development may:
(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules necessary to carry out its duties;
(ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
Utah citizens; and
(iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
for the use and benefit of rural citizens within the state.
(b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
Section 116. Section 
63N-4-105
 is amended to read:
63N-4-105.
Program manager.
(1) The executive director [
of GOED
] shall appoint a director for the [
Office of
] 
Center
for
 Rural Development with the approval of the governor.
(2) The director of the [
Office of
] 
Center for
 Rural Development shall be a person
knowledgeable in the field of rural economic development and planning and experienced in
administration.
(3) Upon change of the executive director [
of GOED
], the director of the [
Office of
]
Center for
 Rural Development may not be dismissed without cause for at least 180 days.
[
(4) The director of the Office of Rural Development shall serve as staff to the
Governor's Rural Partnership Board and to the executive committee of the Governor's Rural
Partnership Board in accordance with Subsection 
63C-10-102
(6).
]
Section 117. Section 
63N-4-106
 is amended to read:
63N-4-106.
Annual report.
[
GOED
] 
The office
 shall include in the annual written report described in Section
[
63N-1-301
] 
63N-1a-306
, a report of the program's operations and recommendations.
Section 118. Section 
63N-4-205
 is amended to read:
63N-4-205.
Report on amount of grants and loans, projects, and outstanding
debt.
The board shall annually provide the following information to the office for inclusion in
the office's annual written report described in Section [
63N-1-301
] 
63N-1a-306
:
(1) the total amount of grants and loans the board awarded to eligible counties under
this part during the fiscal year that ended on the June 30 immediately preceding the November
interim meeting;
(2) a description of the projects with respect to which the board awarded a grant or loan
under this part;
(3) the total amount of outstanding debt service that is being repaid by a grant or loan
awarded under this part;
(4) whether the grants and loans awarded under this part have resulted in economic
development within project areas; and
(5) whether the board recommends:
(a) that the grants and loans authorized by this part should be continued; or
(b) any modifications to this part.
Section 119. Section 
63N-4-403
 is amended to read:
63N-4-403.
Duties of the office.
(1) The office shall:
(a) review a business entity's application for a rural employment expansion grant under
this part in the order in which the application is received by the office;
(b) ensure that a rural employment expansion grant is only awarded to a business entity
that meets the requirements of this part; and
(c) as part of the annual written report described in Section [
63N-1-301
] 
63N-1a-306
,
prepare an annual evaluation that provides:
(i) the identity of each business entity that was provided a rural employment expansion
grant by the office during the year of the annual report;
(ii) the total amount awarded in rural employment expansion grants for each county;
and
(iii) an evaluation of the effectiveness of the rural employment expansion grant in
bringing significant new employment to rural communities.
(2) The office may:
(a) authorize a rural employment expansion grant for a business entity under this part;
(b) audit a business entity to ensure:
(i) eligibility for a rural employment expansion grant; and
(ii) compliance with this part; and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
in accordance with the provisions of this part, make rules regarding the:
(i) form and content of an application for a rural employment expansion grant;
(ii) documentation or other requirements for a business entity to receive a rural
employment expansion grant; and
(iii) administration of rural employment expansion grants, including an appeal process
and relevant timelines and deadlines.
Section 120. Section 
63N-4-704
 is amended to read:
63N-4-704.
Requirements for entering into a lease.
(1) In accordance with the provisions of this part and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules establishing the
eligibility and reporting criteria for an applicant to participate in the program as a lessor of a
rural speculative industrial building, including:
(a) the form and process of submitting an application to the office;
(b) the eligibility requirements of an applicant;
(c) the method and formula for determining lease terms between the office and a lessor
of a rural speculative industrial building; and
(d) the reporting requirements of participants in the program.
(2) In determining whether to approve an application for participation in the program,
the office may prioritize a project:
(a) that will serve underprivileged or underserved communities, including communities
with high unemployment or low median incomes;
(b) where an applicant demonstrates comprehensive planning of the project, including
a business case;
(c) where the applicant, as determined by the office, is likely to have success in
attracting a tenant to assume the office's lease of a rural speculative industrial building in a
short amount of time; and
(d) that maximizes economic development opportunities in accordance with the
economic development needs or plans of a county or a municipality.
(3) Subject to legislative appropriation, a lease may only be entered into by the office
if:
(a) the executive director, after consultation with the [
board
] 
GO Utah board
, approves
entering into the lease;
(b) the local municipal entity supports the program through the provision of local
incentives, reduced impact fees, or other monetary support for the rural speculative industrial
building; and
(c) the lease terms are not more than $100,000 per year with a maximum five-year
lease term.
(4) The office shall include in the annual written report described in Section
[
63N-1-301
] 
63N-1a-306
:
(a) an overview of each lease entered into under this program; and
(b) the success of this program in attracting new or expanding businesses into rural
areas.
Section 121. Section 
63N-7-201
 is amended to read:
63N-7-201.
Powers and duties of office related to tourism development plan --
Annual report and survey.
(1) The office shall:
(a) be the tourism development authority of the state;
(b) develop a tourism advertising, marketing, and branding program for the state;
(c) receive approval from the Board of Tourism Development under Subsection
63N-7-103
(1)(a) before implementing the out-of-state advertising, marketing, and branding
campaign;
(d) develop a plan to increase the economic contribution by tourists visiting the state;
(e) plan and conduct a program of information, advertising, and publicity relating to the
recreational, scenic, historic, and tourist advantages and attractions of the state at large; and
(f) encourage and assist in the coordination of the activities of persons, firms,
associations, corporations, travel regions, counties, and governmental agencies engaged in
publicizing, developing, and promoting the scenic attractions and tourist advantages of the
state.
(2) Any plan provided for under Subsection (1) shall address, but not be limited to,
enhancing the state's image, promoting Utah as a year-round destination, encouraging
expenditures by visitors to the state, and expanding the markets where the state is promoted.
(3) The office shall:
(a) conduct a regular and ongoing research program to identify statewide economic
trends and conditions in the tourism sector of the economy; and
(b) include in the annual written report described in Section [
63N-1-301
] 
63N-1a-306
,
a report on the economic efficiency of the advertising and branding campaigns conducted under
this part.
Section 122. Section 
63N-8-102
 is amended to read:
63N-8-102.
Definitions.
As used in this chapter:
(1) "Digital media company" means a company engaged in the production of a digital
media project.
(2) "Digital media project" means all or part of a production of interactive
entertainment or animated production that is produced for distribution in commercial or
educational markets, which shall include projects intended for Internet or wireless distribution.
(3) "Dollars left in the state" means expenditures made in the state for a state-approved
production, including:
(a) an expenditure that is subject to:
(i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise
and Income Taxes;
(ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;
and
(iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act,
notwithstanding any sales and use tax exemption allowed by law; or
(iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
(b) payments made to a nonresident only to the extent of the income tax paid to the
state on the payments, the amount of per diems paid in the state, and other direct
reimbursements transacted in the state; and
(c) payments made to a payroll company or loan-out corporation that is registered to do
business in the state, only to the extent of the amount of withholding under Section 
59-10-402
.
(4) "Loan-out corporation" means a corporation owned by one or more artists that
provides services of the artists to a third party production company.
(5) "Motion picture company" means a company engaged in the production of:
(a) motion pictures;
(b) television series; or
(c) made-for-television movies.
(6) "Motion picture incentive" means either a cash rebate from the Motion Picture
Incentive Account or a refundable tax credit under Section 
59-7-614.5
 or 
59-10-1108
.
(7) "New state revenues" means:
(a) incremental new state sales and use tax revenues generated as a result of a digital
media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax
Act;
(b) incremental new state tax revenues that a digital media company pays as a result of
a digital media project under:
(i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
(ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
Information;
(iii) Title 59, Chapter 10, Part 2, Trusts and Estates;
(iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or
(v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
(c) incremental new state revenues generated as individual income taxes under Title
59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by
employees of the new digital media project as evidenced by payroll records from the digital
media company; or
(d) a combination of Subsections (7)(a), (b), and (c).
(8) "Payroll company" means a business entity that handles the payroll and becomes
the employer of record for the staff, cast, and crew of a motion picture production.
(9) "Refundable tax credit" means a refundable motion picture tax credit authorized
under Section 
63N-8-103
 and claimed under Section 
59-7-614.5
 or 
59-10-1108
.
(10) "Restricted account" means the Motion Picture Incentive Account created in
Section 
63N-8-103
.
(11) "State-approved production" means a production under Subsections (2) and (5)
that is:
(a) approved by the office and ratified by the [
board
] 
GO Utah board
; and
(b) produced in the state by a motion picture company.
(12) "Tax credit amount" means the amount the office lists as a tax credit on a tax
credit certificate for a taxable year.
(13) "Tax credit certificate" means a certificate issued by the office that:
(a) lists the name of the applicant;
(b) lists the applicant's taxpayer identification number;
(c) lists the amount of tax credit that the office awards the applicant for the taxable
year; and
(d) may include other information as determined by the office.
Section 123. Section 
63N-8-103
 is amended to read:
63N-8-103.
Motion Picture Incentive Account created -- Cash rebate incentives --
Refundable tax credit incentives.
(1) (a) There is created within the General Fund a restricted account known as the
Motion Picture Incentive Account, which the office shall use to provide cash rebate incentives
for state-approved productions by a motion picture company.
(b) All interest generated from investment of money in the restricted account shall be
deposited in the restricted account.
(c) The restricted account shall consist of an annual appropriation by the Legislature.
(d) The office shall:
(i) with the advice of the [
board
] 
GO Utah board
, administer the restricted account; and
(ii) make payments from the restricted account as required under this section.
(e) The cost of administering the restricted account shall be paid from money in the
restricted account.
(2) (a) A motion picture company or digital media company seeking disbursement of
an incentive allowed under an agreement with the office shall follow the procedures and
requirements of this Subsection (2).
(b) The motion picture company or digital media company shall provide the office with
an incentive request form, provided by the office, identifying and documenting the dollars left
in the state and new state revenues generated by the motion picture company or digital media
company for state-approved production, including any related tax returns by the motion picture
company, payroll company, digital media company, or loan-out corporation under Subsection
(2)(d).
(c) For a motion picture company, an independent certified public accountant shall:
(i) review the incentive request form submitted by the motion picture company; and
(ii) provide a report on the accuracy and validity of the incentive request form,
including the amount of dollars left in the state, in accordance with the agreed upon procedures
established by the office by rule.
(d) The motion picture company, digital media company, payroll company, or loan-out
corporation shall provide the office with a document that expressly directs and authorizes the
State Tax Commission to disclose the entity's tax returns and other information concerning the
entity that would otherwise be subject to confidentiality under Section 
59-1-403
 or Section
6103, Internal Revenue Code, to the office.
(e) The office shall submit the document described in Subsection (2)(d) to the State
Tax Commission.
(f) Upon receipt of the document described in Subsection (2)(d), the State Tax
Commission shall provide the office with the information requested by the office that the
motion picture company, digital media company, payroll company, or loan-out corporation
directed or authorized the State Tax Commission to provide to the office in the document
described in Subsection (2)(d).
(g) Subject to Subsection (3), for a motion picture company the office shall:
(i) review the incentive request form from the motion picture company described in
Subsection (2)(b) and verify that the incentive request form was reviewed by an independent
certified public accountant as described in Subsection (2)(c); and
(ii) based upon the independent certified public accountant's report under Subsection
(2)(c), determine the amount of the incentive that the motion picture company is entitled to
under the motion picture company's agreement with the office.
(h) Subject to Subsection (3), for a digital media company, the office shall:
(i) ensure the digital media project results in new state revenues; and
(ii) based upon review of new state revenues, determine the amount of the incentive
that a digital media company is entitled to under the digital media company's agreement with
the office.
(i) Subject to Subsection (3), if the incentive is in the form of a cash rebate, the office
shall pay the incentive from the restricted account to the motion picture company,
notwithstanding Subsections 
51-5-3
(23)(b) and 
63J-1-105
(6).
(j) If the incentive is in the form of a refundable tax credit under Section 
59-7-614.5
 or
59-10-1108
, the office shall:
(i) issue a tax credit certificate to the motion picture company or digital media
company; and
(ii) provide a [
duplicate copy
] 
digital record
 of the tax credit certificate to the State Tax
Commission.
(k) A motion picture company or digital media company may not claim a motion
picture tax credit under Section 
59-7-614.5
 or 
59-10-1108
 unless the motion picture company
or digital media company has received a tax credit certificate for the claim issued by the office
under Subsection (2)(j)(i).
(l) A motion picture company or digital media company may claim a motion picture
tax credit on the motion picture company's or the digital media company's tax return for the
amount listed on the tax credit certificate issued by the office.
(m) A motion picture company or digital media company that claims a tax credit under
Subsection (2)(l) shall retain the tax credit certificate and all supporting documentation in
accordance with Subsection 
63N-8-104
(6).
(3) (a) Subject to Subsection (3)(b), the office may issue $6,793,700 in tax credit
certificates under this part in a fiscal year.
(b) If the office does not issue tax credit certificates in a fiscal year totaling the amount
authorized under Subsection (3)(a), the office may carry over that amount for issuance in
subsequent fiscal years.
Section 124. Section 
63N-8-104
 is amended to read:
63N-8-104.
Motion picture incentives -- Standards to qualify for an incentive --
Limitations -- Content of agreement between office and motion picture company or
digital media company.
(1) In addition to the requirements for receiving a motion picture incentive as set forth
in this part, the office, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, shall make rules establishing:
(a) the standards that a motion picture company or digital media company must meet to
qualify for the motion picture incentive; and
(b) criteria for determining the amount of the incentive.
(2) The office shall ensure that those standards include the following:
(a) an incentive may only be issued for a state-approved production by a motion picture
company or digital media company;
(b) financing has been obtained and is in place for the production; and
(c) the economic impact of the production on the state represents new incremental
economic activity in the state as opposed to existing economic activity.
(3) With respect to a digital media project, the office shall consider economic
modeling, including the costs and benefits of the digital media project to state and local
governments in determining the motion picture incentive amount.
(4) The office may also consider giving preference to a production that stimulates
economic activity in rural areas of the state or that has Utah content, such as recognizing that
the production was made in the state or uses Utah as Utah in the production.
(5) (a) The office, with advice from the [
board
] 
GO Utah board
, may enter into an
agreement with a motion picture company or digital media company that meets the standards
established under this section and satisfies the other qualification requirements under this part.
(b) Subject to Subsection 
63N-8-103
(3), the office may commit or authorize a motion
picture incentive:
(i) to a motion picture company of up to 20% of the dollars left in the state by the
motion picture company, and a motion picture company can receive an additional 5%, not to
exceed 25% of the dollars left in the state by the motion picture company if the company
fulfills certain requirements determined by the office including:
(A) employing a significant percentage of cast and crew from Utah;
(B) highlighting the state of Utah and the Utah Film Commission in the motion picture
credits; or
(C) other promotion opportunities as agreed upon by the office and the motion picture
company; and
(ii) to a digital media company, if the incentive does not exceed 100% of the new state
revenue less the considerations under Subsection (3), but not to exceed 20% of the dollars left
in the state by the digital media company.
(c) The office may not give a cash rebate incentive from the Motion Picture Incentive
Restricted Account for a digital media project.
(6) The office shall ensure that the agreement entered into with a motion picture
company or digital media company under Subsection (5)(a):
(a) details the requirements that the motion picture company or digital media company
must meet to qualify for an incentive under this part;
(b) specifies:
(i) the nature of the incentive; and
(ii) the maximum amount of the motion picture incentive that the motion picture
company or digital media company may earn for a taxable year and over the life of the
production;
(c) establishes the length of time over which the motion picture company or digital
media company may claim the motion picture incentive;
(d) requires the motion picture company or digital media company to retain records
supporting its claim for a motion picture incentive for at least four years after the motion
picture company or digital media company claims the incentive under this part; and
(e) requires the motion picture company or digital media company to submit to audits
for verification of the claimed motion picture incentive.
Section 125. Section 
63N-8-105
 is amended to read:
63N-8-105.
Annual report.
The office shall include the following information in the annual written report described
in Section [
63N-1-301
] 
63N-1a-306
:
(1) the office's success in attracting within-the-state production of television series,
made-for-television movies, and motion pictures, including feature films and independent
films;
(2) the amount of incentive commitments made by the office under this part and the
period of time over which the incentives will be paid; and
(3) the economic impact on the state related to:
(a) dollars left in the state; and
(b) providing motion picture incentives under this part.
Section 126. Section 
63N-9-104
 is amended to read:
63N-9-104.
Creation of outdoor recreation office and appointment of director --
Responsibilities of outdoor recreation office.
(1) There is created within the [
Governor's Office of Economic Development
] 
office
the Utah Office of Outdoor Recreation.
(2) (a) The executive director shall appoint a director of the outdoor recreation office.
(b) The director [
shall report to the executive director and
] may appoint staff.
(3) The outdoor recreation office shall:
(a) coordinate outdoor recreation policy, management, and promotion:
(i) among state and federal agencies and local government entities in the state; [
and
]
(ii) with the Public Lands Policy Coordinating Office created in Section 
63J-4-602
, if
public land is involved; 
and
(iii) on a quarterly basis, with the executive director and the executive director of the
Department of Natural Resources;
(b) promote economic development in the state by:
(i) coordinating with outdoor recreation stakeholders;
(ii) improving recreational opportunities; and
(iii) recruiting outdoor recreation business;
(c) promote all forms of outdoor recreation, including vehicular and non-vehicular
outdoor recreation;
[
(c)
] 
(d)
 recommend to the governor and Legislature policies and initiatives to enhance
recreational amenities and experiences in the state and help implement those policies and
initiatives;
(e) in performing the outdoor recreation office's duties, seek to ensure safe and
adequate access to outdoor recreation for all user groups and for all forms of recreation;
[
(d)
] 
(f)
 develop data regarding the impacts of outdoor recreation in the state; and
[
(e)
] 
(g)
 promote the health and social benefits of outdoor recreation, especially to
young people.
(4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
Funds Procedures Act, the outdoor recreation office may:
(a) seek federal grants or loans;
(b) seek to participate in federal programs; and
(c) in accordance with applicable federal program guidelines, administer federally
funded outdoor recreation programs.
(5) For purposes of administering this part, the outdoor recreation office may make
rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 127. Section 
63N-9-106
 is amended to read:
63N-9-106.
Annual report.
The executive director shall include in the annual written report described in Section
[
63N-1-301
] 
63N-1a-306
 a report from the director on the activities of the outdoor recreation
office, including a description and the amount of any awarded infrastructure grants and any
awarded UCORE grants.
Section 128. Section 
63N-9-203
 is amended to read:
63N-9-203.
Rulemaking and requirements for awarding an infrastructure grant.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
an entity to receive an infrastructure grant, including:
(a) the form and process of submitting an application to the outdoor recreation office
for an infrastructure grant;
(b) which entities are eligible to apply for an infrastructure grant;
(c) specific categories of recreational infrastructure projects that are eligible for an
infrastructure grant;
(d) the method and formula for determining grant amounts; and
(e) the reporting requirements of grant recipients.
(2) In determining the award of an infrastructure grant, the outdoor recreation office
may prioritize a recreational infrastructure project that will serve an underprivileged or
underserved community.
(3) An infrastructure grant may only be awarded by the executive director after
consultation with the director and the [
board
] 
GO Utah board
.
(4) The following entities may not receive an infrastructure grant under this part:
(a) a federal government entity;
(b) a state agency; and
(c) a for-profit entity.
(5) An infrastructure grant may only be awarded under this part:
(a) for a recreational infrastructure project that is accessible to the general public; and
(b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
funds having a value equal to or greater than the amount of the infrastructure grant.
(6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
provided through an in-kind contribution by the grant recipient, if:
(a) approved by the executive director after consultation with the director and the
[
board
] 
GO Utah board
; and
(b) the in-kind donation does not include real property.
(7) An infrastructure grant may not be awarded under this part if the grant, or the grant
recipient match described in Subsection (5)(b), will be used for the purchase of real property or
for the purchase or transfer of a conservation easement.
Section 129. Section 
63N-9-403
 is amended to read:
63N-9-403.
Rulemaking and requirements for awarding a UCORE grant.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
an entity to receive a UCORE grant, including:
(a) the form and process of submitting an application to the outdoor recreation office
for a UCORE grant;
(b) which entities are eligible to apply for a UCORE grant;
(c) specific categories of children's programs that are eligible for a UCORE grant;
(d) the method and formula for determining grant amounts; and
(e) the reporting requirements of grant recipients.
(2) In determining the award of a UCORE grant, the outdoor recreation office may
prioritize a children's program that will serve an underprivileged or underserved community in
the state.
(3) A UCORE grant may only be awarded by the executive director after consultation
with the director and the [
board
] 
GO Utah board
.
(4) The following entities may not receive a UCORE grant under this part:
(a) a federal government entity;
(b) a state agency, except for public schools and institutions of higher education; and
(c) a for-profit entity.
(5) In awarding UCORE grants, consideration shall be given to entities that implement
programs that:
(a) contribute to healthy and active lifestyles through outdoor recreation; and
(b) include one or more of the following attributes in their programs or initiatives:
(i) serve children with the greatest needs in rural, suburban, and urban areas of the
state;
(ii) provide students with opportunities to directly experience nature;
(iii) maximize the number of children who can participate;
(iv) commit matching and in-kind resources;
(v) create partnerships with public and private entities;
(vi) include ongoing program evaluation and assessment;
(vii) utilize veterans in program implementation;
(viii) include outdoor or nature-based programming that incorporates concept learning
in science, technology, engineering, or math; or
(ix) utilize educated volunteers in program implementation.
Section 130. Section 
63N-13-101
 is amended to read:
63N-13-101.
Title -- Projects to assist companies to secure new business with
federal, state, and local governments.
(1) This chapter is known as "Procurement Programs."
(2) The Legislature recognizes that:
(a) many Utah companies provide products and services which are routinely procured
by a myriad of governmental entities at all levels of government, but that attempting to
understand and comply with the numerous certification, registration, proposal, and contract
requirements associated with government procurement often raises significant barriers for
those companies with no government contracting experience;
(b) the costs associated with obtaining a government contract for products or services
often prevent most small businesses from working in the governmental procurement market;
(c) currently a majority of federal procurement opportunities are contracted to
businesses located outside of the state;
(d) the [
Governor's Office of Economic Development
] 
office
 currently administers
programs and initiatives that help create and grow companies in Utah and recruit companies to
Utah through the use of state employees, public-private partnerships, and contractual services;
and
(e) there exists a significant opportunity for Utah companies to secure new business
with federal, state, and local governments.
(3) The office, through its executive director:
(a) shall manage and direct the administration of state and federal programs and
initiatives whose purpose is to procure federal, state, and local governmental contracts;
(b) may require program accountability measures; and
(c) may receive and distribute legislative appropriations and public and private grants
for projects and programs that:
(i) are focused on growing Utah companies and positively impacting statewide
revenues by helping these companies secure new business with federal, state, and local
governments;
(ii) provide guidance to Utah companies interested in obtaining new business with
federal, state, and local governmental entities;
(iii) would facilitate marketing, business development, and expansion opportunities for
Utah companies in cooperation with the [
Governor's Office of Economic Development's
]
office's
 Procurement Technical Assistance Center Program and with public, nonprofit, or
private sector partners such as local chambers of commerce, trade associations, or private
contractors as determined by the office's director to successfully match Utah businesses with
government procurement opportunities; and
(iv) may include the following components:
(A) recruitment, individualized consultation, and an introduction to government
contracting;
(B) specialized contractor training for companies located in Utah;
(C) a Utah contractor matching program for government requirements;
(D) experienced proposal and bid support; and
(E) specialized support services.
(4) (a) The office, through its executive director, shall make any distribution referred to
in Subsection (3) on a semiannual basis.
(b) A recipient of money distributed under this section shall provide the office with a
set of standard monthly reports, the content of which shall be determined by the office to
include at least the following information:
(i) consultive meetings with Utah companies;
(ii) seminars or training meetings held;
(iii) government contracts awarded to Utah companies;
(iv) increased revenues generated by Utah companies from new government contracts;
(v) jobs created;
(vi) salary ranges of new jobs; and
(vii) the value of contracts generated.
Section 131. Section 
63N-15-103
 is amended to read:
63N-15-103.
Reporting and use of appropriations.
(1) The office shall include in the office's 2020 and 2021 annual reports to the governor
and the Legislature under Section [
63N-1-301
] 
63N-1a-306
 the following information about
each of the grant programs established under this chapter:
(a) the number of applications submitted under the grant program;
(b) the number of grants awarded under the grant program;
(c) the aggregate amount of grant funds awarded under the grant program; and
(d) any other information the office considers relevant to evaluating the success of the
grant program.
(2) After providing notice to members of the legislative committee, the executive
director, in cooperation with the director of the Division of Finance, may move funds among
the following programs to make efficient and full use of CARES Act funding:
(a) the COVID-19 Commercial Rental and Mortgage Assistance Program described in
Chapter 14, COVID-19 Commercial Rental and Mortgage Assistance Program;
(b) any of the programs described in this chapter;
(c) after consultation with the commissioner of the Department of Agriculture and
Food, the COVID-19 Agricultural Operations Grant Program described in Section 
4-18-106.1
;
(d) after consultation with the executive director of the Department of Heritage and
Arts, the COVID-19 Cultural Assistance Grant Program described in Title 9, Chapter 6, Part 9,
COVID-19 Cultural Assistance Grant Program; and
(e) after consultation with the executive director of the Department of Workforce
Services, COVID-19 Residential Housing Assistance described in Title 35A, Chapter 8, Part
23, COVID-19 Residential Housing Assistance.
Section 132. Section 
63N-16-101
 is enacted to read:
CHAPTER 16. UTAH BROADBAND CENTER AND ACCESS ACT
Part 1. General Provisions
 63N-16-101.
Title.
This chapter is known as the "Utah Broadband Center and Access Act."
Section 133. Section 
63N-16-102
 is enacted to read:
 63N-16-102.
Definitions.
As used in this chapter:
(1) "Broadband center" means the Utah Broadband Center created in Section
63N-16-201
.
(2) "Eligible applicant" means:
(a) a telecommunications provider or an Internet service provider;
(b) a local government entity and one or more private entities, collectively, who are
parties to a public-private partnership established for the purpose of expanding affordable
broadband access in the state; or
(c) a tribal government.
(3) "Public-private partnership" means an arrangement or agreement between a
government entity and one or more private persons to fund and provide for a public need
through the development or operation of a public project in which the private person or persons
share with the government entity the responsibility or risk of developing, owning, maintaining,
financing, or operating the project.
(4) "Underserved area" means an area of the state that is underserved in terms of the
area's access to broadband service, as further defined by rule made by the broadband center.
(5) "Unserved area" means an area of the state that is rural and unserved in terms of the
area's access to broadband service, as further defined by rule made by the broadband center.
Section 134. Section 
63N-16-201
 is enacted to read:
Part 2. Utah Broadband Center
 63N-16-201.
Utah Broadband Center -- Creation -- Director -- Duties.
(1) There is created within the office the Utah Broadband Center.
(2) The executive director shall appoint a director of the broadband center to oversee
the operations of the broadband center.
(3) The broadband center shall:
(a) ensure that publicly funded broadband projects continue to be publicly accessible
and provide a public benefit;
(b) develop a statewide digital connectivity plan;
(c) carry out the duties described in Section 
63N-16-202
; and
(d) administer the Broadband Access Grant Program in accordance with Part 3,
Broadband Access Grant Program.
Section 135. Section 
63N-16-202
, which is renumbered from Section 63N-3-501 is
renumbered and amended to read:
[
63N-3-501
].
 63N-16-202.
 Infrastructure and broadband coordination.
(1) The [
office
] 
broadband center
 shall partner with the Automated Geographic
Reference Center created in Section 
63F-1-506
 to collect and maintain a database and
interactive map that displays economic development data statewide, including:
(a) voluntarily submitted broadband availability, speeds, and other broadband data;
(b) voluntarily submitted public utility data;
(c) workforce data, including information regarding:
(i) enterprise zones designated under Section 
63N-2-206
;
[
(ii) business resource centers;
]
[
(iii)
] 
(ii)
 public institutions of higher education; and
[
(iv)
] 
(iii)
 procurement technical assistance centers;
(d) transportation data, which may include information regarding railway routes,
commuter rail routes, airport locations, and major highways;
(e) lifestyle data, which may include information regarding state parks, national parks
and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
and
(f) other relevant economic development data as determined by the office, including
data provided by partner organizations.
(2) The [
office
] 
broadband center
 may:
(a) make recommendations to state and federal agencies, local governments, the
governor, and the Legislature regarding policies and initiatives that promote the development
of broadband-related infrastructure in the state and help implement those policies and
initiatives;
(b) facilitate coordination between broadband providers and public and private entities;
(c) collect and analyze data on broadband availability and usage in the state, including
Internet speed, capacity, the number of unique visitors, and the availability of broadband
infrastructure throughout the state;
(d) create a voluntary broadband advisory committee, which shall include broadband
providers and other public and private stakeholders, to solicit input on broadband-related policy
guidance, best practices, and adoption strategies;
(e) work with broadband providers, state and local governments, and other public and
private stakeholders to facilitate and encourage the expansion and maintenance of broadband
infrastructure throughout the state; and
(f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
Procedures Act, and in accordance with federal requirements:
(i) apply for federal grants;
(ii) participate in federal programs; and
(iii) administer federally funded broadband-related programs.
Section 136. Section 
63N-16-301
 is enacted to read:
Part 3. Broadband Access Grant Program
 63N-16-301.
Creation of Broadband Access Grant Program.
(1) There is established a grant program known as the Broadband Access Grant
Program that is administered by the broadband center in accordance with this part.
(2) (a) The broadband center may award a grant under this part to an eligible applicant
who submits to the broadband center an application that includes a proposed project to extend
broadband service to individuals and businesses in an unserved area or an underserved area by
providing last-mile connections to end users.
(b) Subsection (2)(a) does not prohibit the broadband center from awarding a grant for
a proposed project that also includes middle-mile elements that are necessary for the last-mile
connections.
(3) In awarding grants under this part, the broadband center shall:
(a) based on the following criteria and in the order provided, prioritize proposed
projects:
(i) located in unserved areas;
(ii) located in underserved areas;
(iii) (A) that the eligible applicant developed after meaningful engagement with the
impacted community to identify the community's needs and innovative means of providing a
public benefit that addresses the community's needs; and
(B) that include, as a component of the proposed project, a long-term public benefit to
the impacted community developed in response to the eligible applicant's engagement with the
community;
(iv) located in an economically distressed area of the state, as measured by indices of
unemployment, poverty, or population loss;
(v) that make the greatest investment in last-mile connections;
(vi) that provide higher speed broadband access to end users; and
(vii) for which the eligible applicant provides at least 25% of the money needed for the
proposed project, with higher priority to proposed projects for which the eligible applicant
provides a greater percentage of the money needed for the proposed project; and
(b) consider the impact of available funding for the proposed project from other
sources, including money from matching federal grant programs.
(4) The broadband center may not award a grant under this part that exceeds
$7,500,000.
(5) For a project that the eligible applicant cannot complete in a single fiscal year, the
broadband center may distribute grant proceeds for the project over the course of the project's
construction.
(6) In awarding grants under this part, the broadband center shall ensure that grant
funds are not used in a manner that causes competition among projects that are substantially
supported by state funds, as determined in accordance with rule made by the broadband center.
(7) As provided in and subject to the requirements of Title 63G, Chapter 2,
Government Records Access and Management Act, a record submitted to the broadband center
that contains a trade secret or confidential commercial information described in Subsection
63G-2-305
(2) is a protected record.
Section 137. Section 
63N-16-302
 is enacted to read:
 63N-16-302.
Duties of the broadband center.
(1) The broadband center shall:
(a) establish an application process by which an eligible applicant may apply for a
grant under this part, which application shall include:
(i) a declaration, signed under penalty of perjury, that the application is complete, true,
and correct; and
(ii) an acknowledgment that the eligible applicant is subject to audit;
(b) establish a method for the broadband center to determine which eligible applicants
qualify to receive a grant;
(c) establish a formula to award grant funds; and
(d) report the information described in Subsections (1)(a) through (c) to the director of
the Division of Finance.
(2) Subject to appropriation, the broadband center shall:
(a) collect applications for grant funds from eligible applicants;
(b) determine which applicants qualify for receiving a grant; and
(c) award the grant funds in accordance with the process established under Subsection
(1) and in accordance with Section 
63N-16-301
.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
broadband center may make rules to administer the grant program.
Section 138. Section 
72-1-209
 is amended to read:
72-1-209.
Department to cooperate in programs relating to scenic centers.
The department shall cooperate in planning and promoting road-building programs into
the scenic centers of the state and in providing camping grounds and facilities in scenic centers
for tourists with:
(1) the Governor's Office of Economic [
Development
] 
Opportunity
;
(2) other states;
(3) all national, state, and local planning and zoning agencies and boards;
(4) municipal and county officials; and
(5) other agencies.
Section 139. Section 
72-4-302
 is amended to read:
72-4-302.
Utah State Scenic Byway Committee -- Creation -- Membership --
Meetings -- Expenses.
(1) There is created the Utah State Scenic Byway Committee.
(2) (a) The committee shall consist of the following 13 members:
(i) a representative from each of the following entities appointed by the governor:
(A) the Governor's Office of Economic [
Development
] 
Opportunity
;
(B) the Utah Department of Transportation;
(C) the Department of Heritage and Arts;
(D) the Division of Parks and Recreation;
(E) the Federal Highway Administration;
(F) the National Park Service;
(G) the National Forest Service; and
(H) the Bureau of Land Management;
(ii) one local government tourism representative appointed by the governor;
(iii) a representative from the private business sector appointed by the governor; and
(iv) three local elected officials from a county, city, or town within the state appointed
by the governor.
(b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
(2) shall be appointed for a four-year term of office.
(c) The governor shall, at the time of appointment or reappointment for appointments
made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
terms of committee members are staggered so that approximately half of the committee is
appointed every two years.
(3) (a) The representative from the Governor's Office of Economic [
Development
]
Opportunity
 shall chair the committee.
(b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
nonvoting, ex officio members of the committee.
(4) The Governor's Office of Economic [
Development
] 
Opportunity
 and the
department shall provide staff support to the committee.
(5) (a) The chair may call a meeting of the committee only with the concurrence of the
department.
(b) A majority of the voting members of the committee constitute a quorum.
(c) Action by a majority vote of a quorum of the committee constitutes action by the
committee.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
Section 140. Section 
72-7-504
 is amended to read:
72-7-504.
Advertising prohibited near interstate or primary system -- Exceptions
-- Logo advertising -- Department rules.
(1) As used in this section, "specific service trailblazer sign" means a guide sign that
provides users with business identification or directional information for services and eligible
activities that are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).
(2) Outdoor advertising that is capable of being read or comprehended from any place
on the main-traveled way of an interstate or primary system may not be erected or maintained,
except:
(a) directional and other official signs and notices authorized or required by law,
including signs and notices pertaining to natural wonders and scenic and historic attractions,
informational or directional signs regarding utility service, emergency telephone signs, buried
or underground utility markers, and above ground utility closure signs;
(b) on-premise signs advertising the sale or lease of property upon which the
on-premise signs are located;
(c) on-premise signs advertising major activities conducted on the property where the
on-premise signs are located;
(d) public assembly facility signs;
(e) unified commercial development signs that have received a waiver as described in
Section 
72-7-504.6
;
(f) signs located in a commercial or industrial zone;
(g) signs located in unzoned industrial or commercial areas as determined from actual
land uses; and
(h) logo advertising under Subsection (3).
(3) (a) The department may itself or by contract erect, administer, and maintain
informational signs:
(i) on the main-traveled way of an interstate or primary system, as it existed on June 1,
1991, specific service signs for the display of logo advertising and information of interest,
excluding specific service trailblazer signs as defined in rules adopted in accordance with
Section 
41-6a-301
, to the traveling public if:
(A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
the lease or other contract agreement with a private party for the sign or sign space; and
(B) the private party for the lease of the sign or sign space pays an amount set by the
department to be paid to the department or the party under contract with the department under
this Subsection (3); and
(ii) only on rural conventional roads as defined in rules adopted in accordance with
Section 
41-6a-301
 in a county of the fourth, fifth, or sixth class for tourist-oriented directional
signs that display logo advertising and information of interest to the traveling public if:
(A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
the lease or other contract agreement with a private party for the tourist-oriented directional
sign or sign space; and
(B) the private party for the lease of the sign or sign space pays an amount set by the
department to be paid to the department or the party under contract with the department under
this Subsection (3).
(b) The amount shall be sufficient to cover the costs of erecting, administering, and
maintaining the signs or sign spaces.
(c) (i) Any sign erected pursuant to this Subsection (3) which was existing as of March
1, 2015, shall be permitted as if it were in compliance with this Subsection (3).
(ii) A noncompliant sign shall only be permitted for the contract period of the
advertising contract.
(iii) A new advertising contract may not be issued for a noncompliant sign.
(d) The department may consult the Governor's Office of Economic [
Development
]
Opportunity
 in carrying out this Subsection (3).
(4) (a) Revenue generated under Subsection (3) shall be:
(i) applied first to cover department costs under Subsection (3); and
(ii) deposited [
in
] 
into
 the Transportation Fund.
(b) Revenue in excess of costs under Subsection (3)(a) shall be deposited [
in
] 
into
 the
General Fund as a dedicated credit for use by the Governor's Office of Economic
[
Development
] 
Opportunity
 no later than the following fiscal year.
(5) Outdoor advertising under Subsections (2)(a), (f), (g), and (h) shall conform to the
rules made by the department under Sections 
72-7-506
 and 
72-7-507
.
Section 141. Section 
79-4-1103
 is amended to read:
79-4-1103.
Governor's duties -- Priority of federal property.
(1) During a fiscal emergency, the governor shall:
(a) if financially practicable, work with the federal government to open and maintain
the operation of one or more national parks, national monuments, national forests, and national
recreation areas in the state, in the order established under this section; and
(b) report to the speaker of the House and the president of the Senate on the need, if
any, for additional appropriations to assist the division in opening and operating one or more
national parks, national monuments, national forests, and national recreation areas in the state.
(2) The director of the Outdoor Recreation Office, created in Section 
63N-9-104
, in
consultation with the executive director of the Governor's Office of Economic [
Development
]
Opportunity
, shall determine, by rule, the priority of national parks, national monuments,
national forests, and national recreation areas in the state.
(3) In determining the priority described in Subsection (2), the director of the Outdoor
Recreation Office shall consider the:
(a) economic impact of the national park, national monument, national forest, or
national recreation area in the state; and
(b) recreational value offered by the national park, national monument, national forest,
or national recreation area.
(4) The director of the Outdoor Recreation Office shall:
(a) report the priority determined under Subsection (2) to the Natural Resources,
Agriculture, and Environment Interim Committee by November 30, 2014; and
(b) annually review the priority set under Subsection (2) to determine whether the
priority list should be amended.
Section 142. 
Repealer.
This bill repeals:
Section 
63C-10-101
,
Title.
Section 
63C-10-102
,
Governor's Rural Partnership Board -- Creation --
Membership -- Vacancies -- Chairs -- Expenses.
Section 
63C-10-103
,
Duties.
Section 
63N-1-501
,
Governor's Economic Development Coordinating Council --
Membership -- Expenses.
Section 
63N-1-502
,
Council powers and duties.
Section 
63N-3-108
,
Financial assistance to companies that create economic
impediments.
Section 
63N-3-109.5
,
Financial assistance to entities offering economic
opportunities in the nonattainment area.
Section 
63N-3-201
,
Title.
Section 
63N-3-202
,
Purpose.
Section 
63N-3-203
,
Definitions.
Section 
63N-3-205
,
Business team consultants.
Section 
63N-3-301
,
Title.
Section 
63N-3-302
,
Purpose.
Section 
63N-3-303
,
Definitions.
Section 
63N-3-304
,
Establishment and administration of business resource centers
-- Components.
Section 
63N-3-305
,
Duties and responsibilities of a business resource center.
Section 
63N-3-306
,
Advisory group.
Section 
63N-3-307
,
Office duties.
Section 
63N-12-501
,
Definitions.
Section 143. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Economic Development - Business Development
From General Fund
$842,100
Schedule of Programs:
 Corporate Recruitment and Business Services $767,100
 Outreach and International Trade $75,000
ITEM 2
To Economic Development - Administration
From General Fund, One-time
$75,000
Schedule of Programs:
Administration $75,000
ITEM 3
To Legislature - Senate
From General Fund
$3,200
Schedule of Programs:
Administration $3,200
ITEM 4
To Legislature - House of Representatives
From General Fund
$3,200
Schedule of Programs:
Administration $3,200
Section 144. 
Effective date.
This bill takes effect July 1, 2021.
Section 145. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, make the following changes in any new
language added to the Utah Code by legislation passed during the 2021 General Session:
(1) replace "Governor's Office of Economic Development" with "Governor's Office of
Economic Opportunity"; and
(2) replace "GOED" with "the GO Utah office".
Section 146. 
 Coordinating H.B. 348 with H.B. 356 -- Superseding technical and
substantive amendments.
If this H.B. 348 and H.B. 356, Rural Economic Development Tax Increment Financing,
both pass and become law, it is the intent of the Legislature that the amendments to Subsection
63N-2-104
(3)(c) in H.B. 356 supersede the amendments to Subsection 
63N-2-104
(3)(c) in this
bill when the Office of Legislative Research and General Counsel prepares the Utah Code
database for publication.