Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 164 Fourth Substitute (2021GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that a political subdivision may grant real property that will be used for affordable housing units;
• describes additional activities that may receive funding from the Olene Walker Housing Loan Fund, including a mediation program and predevelopment grants;
• modifies the responsibilities of the Automated Geographic Reference Center; and
• makes technical changes.

Every vote on this bill

Bill text

UTAH HOUSING AFFORDABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Steve Waldrip
LONG TITLE
General Description:
This bill modifies provisions related to affordable housing and the provision of services
related to affordable housing.
Highlighted Provisions:
This bill:
▸ provides that a political subdivision may grant real property that will be used for
affordable housing units;
▸ describes additional activities that may receive funding from the Olene Walker
Housing Loan Fund, including a mediation program and predevelopment grants;
▸ modifies the responsibilities of the Automated Geographic Reference Center; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2022:
▸ to the Department of Workforce Services -- Olene Walker Housing Loan Fund as a
one-time appropriation:
• from the General Fund, One-time, $800,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-401
, as last amended by Laws of Utah 2019, Chapters 136 and 327
10-9a-404
, as last amended by Laws of Utah 2020, Chapter 434
10-9a-408
, as last amended by Laws of Utah 2020, Chapter 434
35A-8-505
, as last amended by Laws of Utah 2020, Chapter 241
63F-1-507
, as last amended by Laws of Utah 2019, Chapter 35
ENACTS:
10-8-501
, Utah Code Annotated 1953
35A-8-507.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-501
 is enacted to read:
Part 5. Grants for Affordable Housing
 10-8-501.
Grant of real property for affordable housing.
(1) As used in this part, "affordable housing unit" means a rental housing unit where a
household whose income is no more than 50% of the area median income for households
where the housing unit is located is able to occupy the housing unit paying no more than 31%
of the household's income for gross housing costs including utilities.
(2) Subject to the requirements of this section, and for a municipality, Subsection
10-8-2
(4), a political subdivision may grant real property owned by the political subdivision to
an entity for the development of one or more affordable housing units on the real property that
will serve households at various income levels whereby at least 20% of the housing units are
affordable housing units.
(3) A political subdivision shall ensure that real property granted as described in
Subsection (2) is deed restricted for affordable housing for at least 30 years after the day on
which each affordable housing unit is completed and occupied.
(4) If applicable, a political subdivision granting real property under this section shall
comply with the provisions of Title 78B, Chapter 6, Part 5, Eminent Domain.
(5) A municipality granting real property under this section is not subject to the
provisions of Subsection 
10-8-2
(3).
Section 2. Section 
10-9a-401
 is amended to read:
10-9a-401.
General plan required -- Content.
(1) In order to accomplish the purposes of this chapter, each municipality shall prepare
and adopt a comprehensive, long-range general plan for:
(a) present and future needs of the municipality; and
(b) growth and development of all or any part of the land within the municipality.
(2) The general plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result
from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) if the municipality is a town, the protection or promotion of moderate income
housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significant
modification of services or facilities provided by each affected entity; and
(j) an official map.
(3) (a) The general plan of a municipality, other than a town, shall plan for moderate
income housing growth.
(b) On or before December 1, 2019, each of the following that have a general plan that
does not comply with Subsection (3)(a) shall amend the general plan to comply with
Subsection (3)(a):
(i) a city of the first, second, third, or fourth class;
(ii) a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class; and
(iii) a metro township with a population of 5,000 or more.
(c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
from:
(i) the most recent official census or census estimate of the United States Census
Bureau; or
(ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
Utah Population Committee.
(4) Subject to Subsection 
10-9a-403
[
(2)
]
(3)
, the municipality may determine the
comprehensiveness, extent, and format of the general plan.
Section 3. Section 
10-9a-404
 is amended to read:
10-9a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing its recommendation for a proposed general plan, or proposal to
amend the general plan, the planning commission shall schedule and hold a public hearing on
the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by
Section 
10-9a-204
.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
general plan or amendment that it considers appropriate.
(b) If the municipal legislative body rejects the proposed general plan or amendment, it
may provide suggestions to the planning commission for the planning commission's review and
recommendation.
(4) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
10-9a-403
[
(2)
]
(3)
(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
10-9a-403
[
(2)
]
(3)
(a)(ii); and
(c) for a municipality, other than a town, after considering the factors included in
Subsection 
10-9a-403
[
(2)(b)(ii)
]
(3)(b)(iii)
, a plan to provide a realistic opportunity to meet the
need for additional moderate income housing within the next five years.
Section 4. Section 
10-9a-408
 is amended to read:
10-9a-408.
Reporting requirements and civil action regarding moderate income
housing element of general plan.
(1) The legislative body of a municipality described in Subsection 
10-9a-401
(3)(b)
shall annually:
(a) review the moderate income housing plan element of the municipality's general
plan and implementation of that element of the general plan;
(b) prepare a report on the findings of the review described in Subsection (1)(a); and
(c) post the report described in Subsection (1)(b) on the municipality's website.
(2) The report described in Subsection (1) shall include:
(a) a revised estimate of the need for moderate income housing in the municipality for
the next five years;
(b) a description of progress made within the municipality to provide moderate income
housing, demonstrated by analyzing and publishing data on the number of housing units in the
municipality that are at or below:
(i) 80% of the adjusted median family income;
(ii) 50% of the adjusted median family income; and
(iii) 30% of the adjusted median family income;
(c) a description of any efforts made by the municipality to utilize a moderate income
housing set-aside from a community reinvestment agency, redevelopment agency, or
community development and renewal agency; and
(d) a description of how the municipality has implemented any of the recommendations
related to moderate income housing described in Subsection 
10-9a-403
[
(2)
]
(3)
(b)(iii).
(3) The legislative body of each municipality described in Subsection (1) shall send a
copy of the report under Subsection (1) to the Department of Workforce Services, the
association of governments in which the municipality is located, and, if located within the
boundaries of a metropolitan planning organization, the appropriate metropolitan planning
organization.
(4) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 
10-9a-404
(4)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 5. Section 
35A-8-505
 is amended to read:
35A-8-505.
Activities authorized to receive fund money -- Powers of the executive
director.
At the direction of the board, the executive director may:
(1) provide fund money to any of the following activities:
(a) the acquisition, rehabilitation, or new construction of low-income housing units;
(b) matching funds for social services projects directly related to providing housing for
special-need renters in assisted projects;
(c) the development and construction of accessible housing designed for low-income
persons;
(d) the construction or improvement of a shelter or transitional housing facility that
provides services intended to prevent or minimize homelessness among members of a specific
homeless subpopulation;
(e) the purchase of an existing facility to provide temporary or transitional housing for
the homeless in an area that does not require rezoning before providing such temporary or
transitional housing;
(f) the purchase of land that will be used as the site of low-income housing units;
(g) the preservation of existing affordable housing units for low-income persons; [
and
]
(h) the award of predevelopment grants in accordance with Section 
35A-8-507.5
;
(i) the creation or financial support of a mediation program for landlords and tenants
designed to minimize the loss of housing for low-income persons, which program may include:
(i) funding for the hiring or training of mediators;
(ii) connecting landlords and tenants with mediation services; and
(iii) providing a limited amount of gap funding to assist a tenant in making a good faith
payment towards attorney fees, damages, or other costs associated with eviction proceedings or
avoiding eviction proceedings; and
[
(h)
] 
(j)
 other activities that will assist in minimizing homelessness or improving the
availability or quality of housing in the state for low-income persons; and
(2) do any act necessary or convenient to the exercise of the powers granted by this part
or reasonably implied from those granted powers, including:
(a) making or executing contracts and other instruments necessary or convenient for
the performance of the executive director and board's duties and the exercise of the executive
director and board's powers and functions under this part, including contracts or agreements for
the servicing and originating of mortgage loans;
(b) procuring insurance against a loss in connection with property or other assets held
by the fund, including mortgage loans, in amounts and from insurers it considers desirable;
(c) entering into agreements with a department, agency, or instrumentality of the
United States or this state and with mortgagors and mortgage lenders for the purpose of
planning and regulating and providing for the financing and refinancing, purchase,
construction, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale,
or other disposition of residential housing undertaken with the assistance of the department
under this part;
(d) proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate,
repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real or
personal property obtained by the fund due to the default on a mortgage loan held by the fund
in preparation for disposition of the property, taking assignments of leases and rentals,
proceeding with foreclosure actions, and taking other actions necessary or incidental to the
performance of its duties; and
(e) selling, at a public or private sale, with public bidding, a mortgage or other
obligation held by the fund.
Section 6. Section 
35A-8-507.5
 is enacted to read:
 35A-8-507.5.
Predevelopment grants.
(1) The executive director under the direction of the board may:
(a) award one or more predevelopment grants to nonprofit or for-profit entities in
preparation for the construction of low-income housing units;
(b) award a predevelopment grant in an amount of no more than $50,000 per project;
(c) may only award a predevelopment grant in relation to a project in:
(i) a city of the fifth or sixth class, or a town, in a rural area of the state; or
(ii) any municipality or unincorporated area in a county of the fourth, fifth, or sixth
class.
(2) The executive director under the direction of the board shall award each
predevelopment grant in accordance with the provisions of this section and the provisions
related to grant applications, grant awards, and reporting requirements in this part.
(3) A predevelopment grant:
(a) may be used by a recipient for offsetting the predevelopment funds needed to
prepare for the construction of low-income housing units, including market studies, surveys,
environmental and impact studies, technical assistance, and preliminary architecture,
engineering, or legal work; and
(b) may not be used by a recipient for staff salaries of a grant recipient or construction
costs.
(4) The executive director under the direction of the board shall prioritize the awarding
of a predevelopment grant for a project in a county of the fifth or sixth class and where the
municipality or unincorporated area has underdeveloped infrastructure as demonstrated by at
least two of the following:
(a) limited or no availability of natural gas;
(b) limited or no availability of a sewer system;
(c) limited or no availability of broadband Internet;
(d) unpaved residential streets; or
(e) limited local construction professionals, vendors, or services.
Section 7. Section 
63F-1-507
 is amended to read:
63F-1-507.
State Geographic Information Database.
(1) There is created a State Geographic Information Database to be managed by the
center.
(2) The database shall:
(a) serve as the central reference for all information contained in any GIS database by
any state agency;
(b) serve as a clearing house and repository for all data layers required by multiple
users;
(c) serve as a standard format for geographic information acquired, purchased, or
produced by any state agency;
(d) include an accurate representation of all civil subdivision boundaries of the state;
and
(e) for each public highway, as defined in Section 
72-1-102
, in the state, include an
accurate representation of the highway's centerline, physical characteristics, and associated
street address ranges.
(3) The center shall, in coordination with municipalities, counties, emergency
communications centers, and the Department of Transportation:
(a) develop the information described in Subsection (2)(e); and
(b) update the information described in Subsection (2)(e) in a timely manner after a
county recorder records a final plat.
(4) The center, in coordination with county assessors and metropolitan planning
organizations:
(a) shall inventory existing housing units and their general characteristics within each
county of the first or second class to support infrastructure planning and economic
development in each of those counties; and
(b) may inventory existing housing units and their general characteristics within one or
more counties of the third, fourth, fifth, or sixth class to support infrastructure planning and
economic development in one or more of those counties.
[
(4)
] 
(5)
 Each state agency that acquires, purchases, or produces digital geographic
information data shall:
(a) inform the center of the existence of the data layers and their geographic extent;
(b) allow the center access to all data classified public; and
(c) comply with any database requirements established by the center.
[
(5)
] 
(6)
 At least annually, the State Tax Commission shall deliver to the center
information the State Tax Commission receives under Section 
67-1a-6.5
 relating to the creation
or modification of the boundaries of political subdivisions.
[
(6)
] 
(7)
 The boundary of a political subdivision within the State Geographic
Information Database is the official boundary of the political subdivision for purposes of
meeting the needs of the United States Bureau of the Census in identifying the boundary of the
political subdivision.
Section 8. 
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 Department of Worforce Services -- Olene Walker Housing Loan Fund
From General Fund, One-time
$800,000
Schedule of Programs:
Olene Walker Housing Loan Fund $800,000
The Legislature intends that:
(1) up to $300,000 of the appropriation in ITEM 1 be used for financing a mediation
program for landlords and tenants of low-income housing units;
(2) up to $500,000 of the appropriation in ITEM 1 be used for financing
predevelopment grants in advance of the construction of low-income housing units; and
(3) under Section 
63J-1-603
, appropriations under Subsections (1) and (2) not lapse at
the close of fiscal year 2022.