Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 462 Second Substitute (2022GS)

Sponsor

Rep. Waldrip, S.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires certain political subdivisions to adopt an implementation plan as part of the moderate income housing element of the political subdivision's general plan;
• modifies the list of strategies that a political subdivision may select, or are required to select, for implementation as part of the moderate income housing element of the political subdivision's general plan;
• requires certain municipalities to develop and adopt station area plans for specified areas surrounding public transit stations;
• requires certain political subdivisions to amend the political subdivision's general plan by a specified date if the general plan does not include certain provisions related to moderate income housing;
• modifies requirements for a political subdivision's annual moderate income housing report to the Housing and Community Development Division (division) within the Department of Workforce Services (department);
• allows a political subdivision to have priority consideration for certain funds or projects if the political subdivision demonstrates plans to implement a certain number of moderate income housing strategies;
• prohibits a political subdivision from receiving certain funds if the political subdivision fails to comply with moderate income housing reporting requirements;
• prohibits a political subdivision from imposing impact fees for the construction of certain internal accessory dwelling units;
• requires the Point of the Mountain State Land Authority to consult with the Unified Economic Opportunity Commission in planning the development of the point of the mountain state land;
• modifies requirements for a public transit district to participate in a transit-oriented development;
• requires certain counties to prepare and submit a proposal to create a housing and transit reinvestment zone by a specified date;
• modifies local referenda signature requirements for local land use laws that relate to the use of land within certain transit areas;

Every vote on this bill

Bill text

UTAH HOUSING AFFORDABILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Waldrip
Senate Sponsor: 
Jacob L. Anderegg
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:
▸ defines terms;
▸ requires certain political subdivisions to adopt an implementation plan as part of the
moderate income housing element of the political subdivision's general plan;
▸ modifies the list of strategies that a political subdivision may select, or are required
to select, for implementation as part of the moderate income housing element of the
political subdivision's general plan;
▸ requires certain municipalities to develop and adopt station area plans for specified
areas surrounding public transit stations;
▸ requires certain political subdivisions to amend the political subdivision's general
plan by a specified date if the general plan does not include certain provisions
related to moderate income housing;
▸ modifies requirements for a political subdivision's annual moderate income housing
report to the Housing and Community Development Division (division) within the
Department of Workforce Services (department);
▸ allows a political subdivision to have priority consideration for certain funds or
projects if the political subdivision demonstrates plans to implement a certain
number of moderate income housing strategies;
▸ prohibits a political subdivision from receiving certain funds if the political
subdivision fails to comply with moderate income housing reporting requirements;
▸ prohibits a political subdivision from imposing impact fees for the construction of
certain internal accessory dwelling units;
▸ requires the Point of the Mountain State Land Authority to consult with the Unified
Economic Opportunity Commission in planning the development of the point of the
mountain state land;
▸ modifies requirements for a public transit district to participate in a transit-oriented
development;
▸ requires certain counties to prepare and submit a proposal to create a housing and
transit reinvestment zone by a specified date;
▸ modifies local referenda signature requirements for local land use laws that relate to
the use of land within certain transit areas;
▸ limits the referability to voters of local land use laws that relate to the use of land
within certain transit areas;
▸ requires the division to develop a statewide database of moderate income housing
units;
▸ requires the division to develop a methodology for determining whether a political
subdivision is complying with certain moderate income housing requirements, to be
submitted to and approved by the Commission on Housing Affordability by a
certain date;
▸ modifies the membership of the Olene Walker Housing Loan Fund Board;
▸ requires an entity that receives any money from the Olene Walker Housing Loan
Fund after a certain date to provide an annual accounting to the department;
▸ repeals certain limits on the amount of money the department may distribute from
the Economic Revitalization and Investment Fund;
▸ establishes the Rural Housing Fund, to be used by the division to provide loans for
certain moderate income housing projects in rural areas;
▸ allows the department to use a certain amount of money from specified funds to
offset administrative costs;
▸ allows the Private Activity Bond Review Board to transfer certain unused allotment
account funds to any other allotment account, and exempts such funds from certain
set aside requirements;
▸ allows state entities, in addition to political subdivisions, to grant real property for
certain developments that include moderate income housing;
▸ allows the Governor's Office of Economic Opportunity to use funds from the
Industrial Assistance Account to provide financial assistance to entities offering
technical assistance to municipalities for planning; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to Department of Workforce Services -- Housing and Community Development, as
a one-time appropriation:
• from the General Fund, $500,000;
▸ to Department of Workforce Services -- Housing and Community Development, as
a one-time appropriation:
• from the General Fund, $750,000;
▸ to Department of Workforce Services -- Administration, as an ongoing
appropriation:
• from the General Fund, $132,000;
▸ to Department of Workforce Services -- Housing and Community Development, as
a one-time appropriation:
• from the General Fund, $250,000; and
▸ to Department of Workforce Services -- Housing and Community Development, as
a one-time appropriation:
• from the General Fund, $250,000.
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
10-9a-103
, as last amended by Laws of Utah 2021, Chapters 140 and 385
10-9a-401
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
10-9a-403
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
10-9a-404
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
10-9a-408
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
10-9a-509
, as last amended by Laws of Utah 2021, Chapters 140 and 385
11-36a-202
, as last amended by Laws of Utah 2021, Chapter 35
11-59-203
, as enacted by Laws of Utah 2018, Chapter 388
17-27a-103
, as last amended by Laws of Utah 2021, Chapters 140, 363, and 385
17-27a-401
, as last amended by Laws of Utah 2021, Chapter 363
17-27a-403
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
17-27a-404
, as last amended by Laws of Utah 2021, Chapters 84, 345, and 355
17-27a-408
, as last amended by Laws of Utah 2020, Chapter 434
17-27a-508
, as last amended by Laws of Utah 2021, Chapters 140 and 385
17B-2a-802
, as last amended by Laws of Utah 2020, Chapter 377
17B-2a-804
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
20A-7-601
, as last amended by Laws of Utah 2021, Chapter 140
20A-7-602.8
, as last amended by Laws of Utah 2021, Chapter 418
35A-8-101
, as last amended by Laws of Utah 2021, Chapter 281
35A-8-503
, as last amended by Laws of Utah 2019, Chapter 327
35A-8-504
, as last amended by Laws of Utah 2020, Chapter 241
35A-8-507.5
, as enacted by Laws of Utah 2021, Chapter 333
35A-8-508
, as last amended by Laws of Utah 2014, Chapter 371
35A-8-509
, as enacted by Laws of Utah 2017, Chapter 279
35A-8-510
, as enacted by Laws of Utah 2017, Chapter 279
35A-8-511
, as enacted by Laws of Utah 2017, Chapter 279
35A-8-512
, as enacted by Laws of Utah 2017, Chapter 279
35A-8-513
, as enacted by Laws of Utah 2017, Chapter 279
35A-8-803
, as last amended by Laws of Utah 2019, Chapter 327
35A-8-2105
, as renumbered and amended by Laws of Utah 2018, Chapter 182
35A-8-2106
, as renumbered and amended by Laws of Utah 2018, Chapter 182
35A-8-2203
, as enacted by Laws of Utah 2018, Chapter 392
63J-4-802
, as enacted by Laws of Utah 2021, First Special Session, Chapter 4
63N-3-603
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
72-1-304
, as last amended by Laws of Utah 2021, Chapters 239, 239, 411, and 411
72-2-124
, as last amended by Laws of Utah 2021, Chapters 239, 387, and 411
ENACTS:
10-9a-403.1
, Utah Code Annotated 1953
35A-8-509.5
, Utah Code Annotated 1953
63L-12-101
, Utah Code Annotated 1953
63N-3-113
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63L-12-102
, (Renumbered from 10-8-501, as enacted by Laws of Utah 2021, Chapter
333)
Utah Code Sections Affected by Coordination Clause:
10-9a-403
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-103
 is amended to read:
10-9a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
public utility, property owner, property owners association, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c) the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality provides notice to an affected entity in compliance
with a requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
[
(5)
]
(6)
; and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that a charter school authorizer approves in accordance
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
uses, may not be compatible in some areas or may be compatible only if certain conditions are
required that mitigate or eliminate the detrimental impacts.
(9) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(10) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(11) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(12) (a) "Development agreement" means a written agreement or amendment to a
written agreement between a municipality and one or more parties that regulates or controls the
use or development of a specific area of land.
(b) "Development agreement" does not include an improvement completion assurance.
(13) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(14) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (14)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (14)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
(ii) a therapeutic school.
(15) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(16) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(17) "General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(18) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(19) "Historic preservation authority" means a person, board, commission, or other
body designated by a legislative body to:
(a) recommend land use regulations to preserve local historic districts or areas; and
(b) administer local historic preservation land use regulations within a local historic
district or area. 
(20) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(21) "Identical plans" means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans";
(b) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the municipality; and
(iv) does not require any additional engineering or analysis.
(22) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(23) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a municipality to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(24) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(25) "Improvement warranty period" means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or
(b) no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the municipality has not otherwise required the applicant to mitigate the suspect soil.
(26) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human occupation; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) whether the improvement is public or private, as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(27) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(28) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(29) "Land use application":
(a) means an application that is:
(i) required by a municipality; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(30) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(31) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(32) "Land use permit" means a permit issued by a land use authority.
(33) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(34) "Legislative body" means the municipal council.
(35) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(36) "Local historic district or area" means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features,
archeological sites, or works of art that contribute to the historic preservation goals of a
legislative body; and
(b) is subject to land use regulations to preserve the historic significance of the local
historic district or area. 
(37) "Lot" means a tract of land, regardless of any label, that is created by and shown
on a subdivision plat that has been recorded in the office of the county recorder.
(38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or between a lot and adjoining parcels in accordance with Section 
10-9a-608
:
(i) whether or not the lots are located in the same subdivision; and
(ii) with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
(39) "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
(40) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the city is located.
(41) "Municipal utility easement" means an easement that:
(a) is created or depicted on a plat recorded in a county recorder's office and is
described as a municipal utility easement granted for public use;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the municipality or the municipality's affiliated governmental entity uses and
occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
water, or communications or data lines;
(d) is used or occupied with the consent of the municipality in accordance with an
authorized franchise or other agreement;
(e) (i) is used or occupied by a specified public utility in accordance with an authorized
franchise or other agreement; and
(ii) is located in a utility easement granted for public use; or
(f) is described in Section 
10-9a-529
 and is used by a specified public utility.
(42) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(43) "Noncomplying structure" means a structure that:
(a) legally existed before the structure's current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations, which
govern the use of land.
(44) "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance governing
the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(45) "Official map" means a map drawn by municipal authorities and recorded in a
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the municipality's general plan.
(46) "Parcel" means any real property that is not a lot.
(47) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
agreement in accordance with Section 
10-9a-524
, if no additional parcel is created and:
(i) none of the property identified in the agreement is a lot; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
the Department of Transportation.
(48) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(49) "Plan for moderate income housing" means a written document adopted by a
municipality's legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
municipality;
(b) an estimate of the need for moderate income housing in the municipality for the
next five years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the municipality's program to encourage an adequate supply of
moderate income housing.
(50) "Plat" means an instrument subdividing property into lots as depicted on a map or
other graphical representation of lands that a licensed professional land surveyor makes and
prepares in accordance with Section 
10-9a-603
 or 
57-8-13
.
(51) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(52) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(53) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(54) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(55) "Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
(56) "Receiving zone" means an area of a municipality that the municipality
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(57) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(58) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
(59) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(60) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(61) "Sending zone" means an area of a municipality that the municipality designates,
by ordinance, as an area from which an owner of land may transfer a transferable development
right.
(62) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(63) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(64) "State" includes any department, division, or agency of the state.
(65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
the division includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (65)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable land use ordinance;
(ii) a boundary line agreement recorded with the county recorder's office between
owners of adjoining parcels adjusting the mutual boundary in accordance with Section
10-9a-524
 if no new parcel is created;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal descriptions of multiple parcels into one legal description
encompassing all such parcels; or
(B) joining a lot to a parcel;
(iv) a boundary line agreement between owners of adjoining subdivided properties
adjusting the mutual lot line boundary in accordance with Sections 
10-9a-524
 and 
10-9a-608
 if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(v) a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A) is in anticipation of future land use approvals on the parcel or parcels;
(B) does not confer any land use approvals; and
(C) has not been approved by the land use authority;
(vi) a parcel boundary adjustment;
(vii) a lot line adjustment;
(viii) a road, street, or highway dedication plat;
(ix) a deed or easement for a road, street, or highway purpose; or
(x) any other division of land authorized by law.
(66) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
10-9a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(67) "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
(68) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(69) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(70) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(71) "Unincorporated" means the area outside of the incorporated area of a city or
town.
(72) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(73) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
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.
]
(3) (a) The general plan of a specified municipality, as defined in Section 
10-9a-408
,
shall include a moderate income housing element that meets the requirements of Subsection
10-9a-403
(2)(a)(iii).
(b) On or before October 1, 2022, a specified municipality, as defined in Section
10-9a-408
, with a general plan that does not comply with Subsection (3)(a) shall amend the
general plan to comply with Subsection (3)(a).
(4) Subject to Subsection 
10-9a-403
(2), the municipality may determine the
comprehensiveness, extent, and format of the general plan.
Section 3. Section 
10-9a-403
 is amended to read:
10-9a-403.
General plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
10-9a-203
, of [
its
] 
the planning commission's
 intent to make a recommendation to the
municipal legislative body for a general plan or a comprehensive general plan amendment
when the planning commission initiates the process of preparing [
its
] 
the planning
commission's
 recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for the area within the municipality.
(c) The plan may include areas outside the boundaries of the municipality if, in the
planning commission's judgment, those areas are related to the planning of the municipality's
territory.
(d) Except as otherwise provided by law or with respect to a municipality's power of
eminent domain, when the plan of a municipality involves territory outside the boundaries of
the municipality, the municipality may not take action affecting that territory without the
concurrence of the county or other municipalities affected.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate; and
(B) [
may include
] 
includes
 a statement of the projections for and standards of
population density and building intensity recommended for the various land use categories
covered by the plan;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) for a municipality that has access to a major transit investment corridor, addresses
the municipality's plan for residential and commercial development around major transit
investment corridors to maintain and improve the connections between housing, employment,
education, recreation, and commerce;
(C) for a municipality that does not have access to a major transit investment corridor,
addresses the municipality's plan for residential and commercial development in areas that will
maintain and improve the connections between housing, transportation, employment,
education, recreation, and commerce; and
(D) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan; and
[
(iii) for a municipality described in Subsection 
10-9a-401
(3)(b), a plan that provides a
realistic opportunity to meet the need for additional moderate income housing.
]
(iii) for a specified municipality as defined in Section 
10-9a-408
, a moderate income
housing element that:
(A) provides a realistic opportunity to meet the need for additional moderate income
housing within the next five years;
(B) selects three or more moderate income housing strategies described in Subsection
(2)(b)(iii) for implementation, including one additional moderate income housing strategy as
provided in Subsection (2)(b)(iv) for a specified municipality that has a fixed guideway public
transit station; and
(C) includes an implementation plan as provided in Subsection (2)(c).
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that municipalities shall facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life;
(ii) for a town, may include, and for [
other municipalities
] 
a specified municipality as
defined in Section 
10-9a-408
, shall include, an analysis of how the municipality will provide a
realistic opportunity for the development of moderate income housing within the next five
years;
(iii) for a town, may include, and for other municipalities, shall include, a
recommendation to implement three or more of the following 
moderate income housing
strategies:
(A) rezone for densities necessary to [
assure
] 
facilitate
 the production of moderate
income housing;
(B) [
facilitate
] 
demonstrate investment in
 the rehabilitation or expansion of
infrastructure that [
will encourage
] 
facilitates
 the construction of moderate income housing;
(C) [
facilitate
] 
demonstrate investment in
 the rehabilitation of existing uninhabitable
housing stock into moderate income housing;
(D) [
consider
] 
identify and utilize
 general fund subsidies or other sources of revenue to
waive construction related fees that are otherwise generally imposed by the [
city
] 
municipality
for the construction or rehabilitation of moderate income housing
;
(E) create or allow for, and reduce regulations related to, 
internal or detached
 accessory
dwelling units in residential zones;
(F) [
allow
] 
zone or rezone
 for higher density or moderate income residential
development in commercial [
and
] 
or
 mixed-use zones 
near major transit investment corridors
,
commercial centers, or employment centers;
(G) [
encourage higher density or
] 
amend land use regulations to allow for higher
density or new
 moderate income residential development 
in commercial or mixed-use zones
near major transit investment corridors;
(H) 
amend land use regulations to
 eliminate or reduce parking requirements for
residential development where a resident is less likely to rely on the resident's own vehicle,
such as residential development near major transit investment corridors or senior living
facilities;
(I) 
amend land use regulations to
 allow for single room occupancy developments;
(J) implement zoning incentives for [
low to
] moderate income units in new
developments;
[
(K) utilize strategies that preserve subsidized low to moderate income units on a
long-term basis;
]
[
(L)
] 
(K)
 preserve existing 
and new
 moderate income housing 
and subsidized units by
utilizing a landlord incentive program, providing for deed restricted units through a grant
program, or establishing a housing loss mitigation fund
;
[
(M)
] 
(L)
 reduce
, waive, or eliminate
 impact fees[
, as defined in Section 
11-36a-102
,
]
related to [
low and
] moderate income housing;
[
(N) participate in
] 
(M) demonstrate creation of, or participation in,
 a community land
trust program for [
low or
] moderate income housing;
[
(O)
] 
(N)
 implement a mortgage assistance program for employees of the municipality
[
or of
]
,
 an employer that provides contracted services to the municipality
, or any other public
employer that operates within the municipality
;
[
(P)
] 
(O)
 apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing
, an entity that applies for
programs offered by the Utah Housing Corporation within that agency's funding capacity, an
entity that applies for affordable housing programs administered by the Department of
Workforce Services, an entity that applies for affordable housing programs administered by an
association of governments established by an interlocal agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, an entity that applies for services provided by a public housing
authority to preserve and create moderate income housing, or any other entity that applies for
programs or services that promote the construction or preservation of moderate income
housing
;
[
(Q) apply for or partner with an entity that applies for programs offered by the Utah
Housing Corporation within that agency's funding capacity;
]
[
(R) apply for or partner with an entity that applies for affordable housing programs
administered by the Department of Workforce Services;
]
[
(S) apply for or partner with an entity that applies for programs administered by an
association of governments established by an interlocal agreement under Title 11, Chapter 13,
Interlocal Cooperation Act;
]
[
(T) apply for or partner with an entity that applies for services provided by a public
housing authority to preserve and create moderate income housing;
]
[
(U) apply for or partner with an entity that applies for programs administered by a
metropolitan planning organization or other transportation agency that provides technical
planning assistance;
]
[
(V) utilize
] 
(P) demonstrate utilization of
 a moderate income housing set aside from a
community reinvestment agency, redevelopment agency, or community development and
renewal agency[
; and
] 
to create or subsidize moderate income housing;
(Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
Part 6, Housing and Transit Reinvestment Zone Act;
(R) eliminate impact fees for any accessory dwelling unit that is not an internal
accessory dwelling unit as defined in Section 
10-9a-530
;
(S) create a program to transfer development rights for moderate income housing;
(T) ratify a joint acquisition agreement with another local political subdivision for the
purpose of combining resources to acquire property for moderate income housing;
(U) develop a moderate income housing project for residents who are disabled or 55
years old or older;
(V) develop and adopt a station area plan in accordance with Section 
10-9a-403.1
;
(W) create or allow for, and reduce regulations related to, multifamily residential
dwellings compatible in scale and form with detached single-family residential dwellings and
located in walkable communities within residential or mixed-use zones; and
[
(W)
] 
(X) demonstrate implementation of
 any other program or strategy [
implemented
by the municipality
] to address the housing needs of residents of the municipality who earn less
than 80% of the area median income
, including the dedication of a local funding source to
moderate income housing or the adoption of a land use ordinance that requires 10% or more of
new residential development in a residential zone be dedicated to moderate income housing
;
and
(iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
municipality that has a fixed guideway public transit station, shall include a recommendation to
implement [
the strategies
]
:
(A) the strategy described in Subsection (2)(b)(iii)(V); and
(B) a strategy
 described in Subsection (2)(b)(iii)(G) [
or
]
,
 (H)
, or (Q)
.
(c) (i) In drafting the implementation plan portion of the moderate income housing
element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
timeline for implementing each of the moderate income housing strategies selected by the
municipality for implementation.
(ii) The timeline described in Subsection (2)(c)(i) shall:
(A) identify specific measures and benchmarks for implementing each moderate
income housing strategy selected by the municipality, whether one-time or ongoing; and
(B) provide flexibility for the municipality to make adjustments as needed.
[
(c)
] 
(d)
 In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the municipality; [
and
]
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture[
.
]
; and
(iii) consider and coordinate with any station area plans adopted by the municipality if
required under Section 
10-9a-403.1
.
[
(d)
] 
(e)
 In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) 
(A)
 consider 
and coordinate with
 the regional transportation plan developed by [
its
]
the
 region's metropolitan planning organization, if the municipality is within the boundaries of
a metropolitan planning organization; or
[
(ii)
] 
(B)
 consider 
and coordinate with
 the long-range transportation plan developed by
the Department of Transportation, if the municipality is not within the boundaries of a
metropolitan planning organization[
.
]
; and
(ii) consider and coordinate with any station area plans adopted by the municipality if
required under Section 
10-9a-403.1
.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) the protection, conservation, development, and use of natural resources, including
the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
and other natural resources; and
(ii) the reclamation of land, flood control, prevention and control of the pollution of
streams and other waters, regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
protection of watersheds and wetlands, and the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected municipal
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the use of land use ordinances, capital improvement plans, community development and
promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
10-9a-401
(2) or (3);
and
(g) any other element the municipality considers appropriate.
Section 4. Section 
10-9a-403.1
 is enacted to read:
 10-9a-403.1.
Station area plan requirements -- Contents -- Review and
certification by applicable metropolitan planning organization.
(1) As used in this section:
(a) "Applicable metropolitan planning organization" means the metropolitan planning
organization that has jurisdiction over the area in which a fixed guideway public transit station
is located.
(b) "Applicable public transit district" means the public transit district, as defined in
Section 
17B-2a-802
, of which a fixed guideway public transit station is included.
(c) "Existing fixed guideway public transit station" means a fixed guideway public
transit station for which construction begins before June 1, 2022.
(d) "Fixed guideway" means the same as that term is defined in Section 
59-12-102
.
(e) "Metropolitan planning organization" means an organization established under 23
U.S.C. Sec. 134.
(f) "New fixed guideway public transit station" means a fixed guideway public transit
station for which construction begins on or after June 1, 2022.
(g) "Qualifying land use application" means a land use application:
(i) that involves land located within a station area for an existing public transit station
that provides rail services;
(ii) that involves land located within a station area for which the municipality has not
yet satisfied the requirements of Subsection (2)(a);
(iii) that proposes the development of an area greater than five contiguous acres;
(iv) that would require the municipality to amend the municipality's general plan or
change a zoning designation for the land use application to be approved;
(v) that would require a higher density than the density currently allowed by the
municipality;
(vi) that proposes the construction of new residential units, at least 10% of which are
dedicated to moderate income housing; and
(vii) for which the land use applicant requests the municipality to initiate the process of
satisfying the requirements of Subsection (2)(a) for the station area in which the development
is proposed, subject to Subsection (3)(d).
(h) (i) "Station area" means:
(A) for a fixed guideway public transit station that provides rail services, the area
within a one-half mile radius of the center of the fixed guideway public transit station platform;
or
(B) for a fixed guideway public transit station that provides bus services only, the area
within a one-fourth mile radius of the center of the fixed guideway public transit station
platform.
(ii) "Station area" includes any parcel bisected by the radius limitation described in
Subsection (1)(h)(i)(A) or (B).
(i) "Station area plan" means a plan that:
(i) establishes a vision, and the actions needed to implement that vision, for the
development of land within a station area; and
(ii) is developed and adopted in accordance with this section.
(2) (a) Subject to the requirements of this section, a municipality that has a fixed
guideway public transit station located within the municipality's boundaries shall, for the
station area:
(i) develop and adopt a station area plan; and
(ii) adopt any appropriate land use regulations to implement the station area plan.
(b) The requirements of Subsection (2)(a) shall be considered satisfied if:
(i) (A) the municipality has already taken actions to satisfy the requirements of
Subsection (2)(a) for a station area, including actions that involve public and stakeholder
engagement processes, market assessments, the creation of a station area vision, planning and
implementation activities, capital programs, the adoption of land use regulations, or other
similar actions; and
(B) the municipality adopts a resolution demonstrating the requirements of Subsection
(2)(a) have been satisfied; or
(ii) (A) the municipality has determined that conditions exist that make satisfying a
portion or all of the requirements of Subsection (2)(a) for a station area impracticable,
including conditions that relate to existing development, entitlements, land ownership, land
uses that make opportunities for new development and long-term redevelopment infeasible,
environmental limitations, market readiness, development impediment conditions, or other
similar conditions; and
(B) the municipality adopts a resolution describing the conditions that exist to make
satisfying the requirements of Subsection (2)(a) impracticable.
(c) To the extent that previous actions by a municipality do not satisfy the requirements
of Subsection (2)(a) for a station area, the municipality shall take the actions necessary to
satisfy those requirements.
(3) (a) A municipality that has a new fixed guideway public transit station located
within the municipality's boundaries shall satisfy the requirements of Subsection (2)(a) for the
station area surrounding the new fixed guideway public transit station before the new fixed
guideway public transit station begins transit services.
(b) Except as provided in Subsections (3)(c) and (d), a municipality that has an existing
fixed guideway public transit station located within the municipality's boundaries shall satisfy
the requirements of Subsection (2)(a) for the station area surrounding the existing fixed
guideway public transit station on or before December 31, 2025.
(c) If a municipality has more than four existing fixed guideway public transit stations
located within the municipality's boundaries, the municipality shall:
(i) on or before December 31, 2025, satisfy the requirements of Subsection (2)(a) for
four or more station areas located within the municipality; and
(ii) on or before December 31 of each year thereafter, satisfy the requirements of
Subsection (2)(a) for no less than two station areas located within the municipality until the
municipality has satisfied the requirements of Subsection (2)(a) for each station area located
within the municipality.
(d) (i) Subject to Subsection (3)(d)(ii):
(A) if a municipality receives a complete qualifying land use application on or before
July 1, 2022, the municipality shall satisfy the requirements of Subsection (2)(a) for the station
area in which the development is proposed on or before July 1, 2023; and
(B) if a municipality receives a complete qualifying land use application after July 1,
2022, the municipality shall satisfy the requirements of Subsection (2)(a) for the station area in
which the development is proposed within a 12-month period beginning on the first day of the
month immediately following the month in which the qualifying land use application is
submitted to the municipality.
(ii) (A) A municipality is not required to satisfy the requirements of Subsection (2)(a)
for more than two station areas under Subsection (3)(d)(i) within any 12-month period.
(B) If a municipality receives more than two complete qualifying land use applications
on or before July 1, 2022, the municipality shall select two station areas for which the
municipality will satisfy the requirements of Subsection (2)(a) in accordance with Subsection
(3)(d)(i)(A).
(iii) A municipality shall process on a first priority basis a land use application,
including an application for a building permit, if:
(A) the land use application is for a residential use within a station area for which the
municipality has not satisfied the requirements of Subsection (2)(a); and
(B) the municipality would be required to change a zoning designation for the land use
application to be approved.
(e) Notwithstanding Subsections (3)(a) through (d), the time period for satisfying the
requirements of Subsection (2)(a) for a station area may be extended once for a period of 12
months if:
(i) the municipality demonstrates to the applicable metropolitan planning organization
that conditions exist that make satisfying the requirements of Subsection (2)(a) within the
required time period infeasible, despite the municipality's good faith efforts; and
(ii) the applicable metropolitan planning organization certifies to the municipality in
writing that the municipality satisfied the demonstration in Subsection (3)(e)(i).
(4) (a) Except as provided in Subsection (4)(b), if a station area is included within the
boundaries of more than one municipality, each municipality with jurisdiction over the station
area shall satisfy the requirements of Subsection (2)(a) for the portion of the station area over
which the municipality has jurisdiction.
(b) Two or more municipalities with jurisdiction over a station area may coordinate to
develop a shared station area plan for the entire station area.
(5) A municipality that has more than one fixed guideway public transit station located
within the municipality may, through an integrated process, develop station area plans for
multiple station areas if the station areas are within close proximity of each other.
(6) (a) A municipality that is required to develop and adopt a station area plan under
this section may request technical assistance from the applicable metropolitan planning
organization.
(b) An applicable metropolitan planning organization that receives funds from the
Governor's Office of Economic Opportunity under Section 
63N-3-113
 shall, when utilizing the
funds, give priority consideration to requests for technical assistance for station area plans
required under Subsection (3)(d).
(7) (a) A station area plan shall promote the following objectives within the station
area:
(i) increasing the availability and affordability of housing, including moderate income
housing;
(ii) promoting sustainable environmental conditions;
(iii) enhancing access to opportunities; and
(iv) increasing transportation choices and connections.
(b) (i) To promote the objective described in Subsection (7)(a)(i), a municipality may
consider implementing the following actions:
(A) aligning the station area plan with the moderate income housing element of the
municipality's general plan;
(B) providing for densities necessary to facilitate the development of moderate income
housing;
(C) providing for affordable costs of living in connection with housing, transportation,
and parking; or
(D) any other similar action that promotes the objective described in Subsection
(7)(a)(i).
(ii) To promote the objective described in Subsection (7)(a)(ii), a municipality may
consider implementing the following actions:
(A) conserving water resources through efficient land use;
(B) improving air quality by reducing fuel consumption and motor vehicle trips;
(C) establishing parks, open spaces, and recreational opportunities; or
(D) any other similar action that promotes the objective described in Subsection
(7)(a)(ii).
(iii) To promote the objective described in Subsection (7)(a)(iii), a municipality may
consider the following actions:
(A) maintaining and improving the connections between housing, transit, employment,
education, recreation, and commerce;
(B) encouraging mixed-use development;
(C) enabling employment and educational opportunities within the station area;
(D) encouraging and promoting enhanced broadband connectivity; or
(E) any other similar action that promotes the objective described in Subsection
(7)(a)(iii).
(iv) To promote the objective described in Subsection (7)(a)(iv), a municipality may
consider the following:
(A) supporting investment in infrastructure for all modes of transportation;
(B) increasing utilization of public transit;
(C) encouraging safe streets through the designation of pedestrian walkways and
bicycle lanes;
(D) encouraging manageable and reliable traffic conditions;
(E) aligning the station area plan with the regional transportation plan of the applicable
metropolitan planning organization; or
(F) any other similar action that promotes the objective described in Subsection
(7)(a)(iv).
(8) A station area plan shall include the following components:
(a) a station area vision that:
(i) is consistent with Subsection (7); and
(ii) describes the following:
(A) opportunities for the development of land within the station area under existing
conditions;
(B) constraints on the development of land within the station area under existing
conditions;
(C) the municipality's objectives for the transportation system within the station area
and the future transportation system that meets those objectives;
(D) the municipality's objectives for land uses within the station area and the future
land uses that meet those objectives;
(E) the municipality's objectives for public and open spaces within the station area and
the future public and open spaces that meet those objectives; and
(F) the municipality's objectives for the development of land within the station area and
the future development standards that meet those objectives;
(b) a map that depicts:
(i) the area within the municipality that is subject to the station area plan, provided that
the station area plan may apply to areas outside of the station area; and
(ii) the area where each action is needed to implement the station area plan;
(c) an implementation plan that identifies and describes each action needed within the
next five years to implement the station area plan, and the party responsible for taking each
action, including any actions to:
(i) modify land use regulations;
(ii) make infrastructure improvements;
(iii) modify deeds or other relevant legal documents;
(iv) secure funding or develop funding strategies;
(v) establish design standards for development within the station area; or
(vi) provide environmental remediation;
(d) a statement that explains how the station area plan promotes the objectives
described in Subsection (7)(a); and
(e) as an alternative or supplement to the requirements of Subsection (7) or (8), and for
purposes of Subsection (2)(b)(ii), a statement that describes any conditions that would make
the following impracticable:
(i) promoting the objectives described in Subsection (7)(a); or
(ii) satisfying the requirements of Subsection (8).
(9) A municipality shall develop a station area plan with the involvement of all
relevant stakeholders that have an interest in the station area through public outreach and
community engagement, including:
(a) other impacted communities;
(b) the applicable public transit district;
(c) the applicable metropolitan planning organization;
(d) the Department of Transportation;
(e) owners of property within the station area; and
(f) the municipality's residents and business owners.
(10) (a) A municipality that is required to develop and adopt a station area plan for a
station area under this section shall submit to the applicable metropolitan planning organization
and the applicable public transit district documentation evidencing that the municipality has
satisfied the requirement of Subsection (2)(a)(i) for the station area, including:
(i) a station area plan; or
(ii) a resolution adopted under Subsection (2)(b)(i) or (ii).
(b) The applicable metropolitan planning organization, in consultation with the
applicable public transit district, shall:
(i) review the documentation submitted under Subsection (10)(a) to determine the
municipality's compliance with this section; and
(ii) provide written certification to the municipality if the applicable metropolitan
planning organization determines that the municipality has satisfied the requirement of
Subsection (2)(a)(i) for the station area.
(c) The municipality shall include the certification described in Subsection (10)(b)(ii)
in the municipality's report to the Department of Workforce Services under Section 
10-9a-408
.
Section 5. 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)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
10-9a-403
(2)(a)(ii); and
[
(c) for a municipality, other than a town, after considering the factors included in
Subsection 
10-9a-403
(2)(b)(iii), a plan to provide a realistic opportunity to meet the need for
additional moderate income housing within the next five years.
]
(c) for a specified municipality as defined in Section 
10-9a-408
, a moderate income
housing element as provided in Subsection 
10-9a-403
(2)(a)(iii).
Section 6. Section 
10-9a-408
 is amended to read:
10-9a-408.
Moderate income housing report -- Contents -- Prioritization for
funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
[
(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)(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.
]
(1) As used in this section:
(a) "Division" means the Housing and Community Development Division within the
Department of Workforce Services.
(b) "Implementation plan" means the implementation plan adopted as part of the
moderate income housing element of a specified municipality's general plan as provided in
Subsection 
10-9a-403
(2)(c).
(c) "Moderate income housing report" or "report" means the report described in
Subsection (2)(a).
(d) "Moderate income housing strategy" means a strategy described in Subsection
10-9a-403
(2)(b)(iii).
(e) "Specified municipality" means:
(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; or
(iii) a metro township with a population of 5,000 or more.
(2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
body of a specified municipality shall annually submit a written moderate income housing
report to the division.
(b) The moderate income housing report submitted in 2022 shall include:
(i) a description of each moderate income housing strategy selected by the specified
municipality for implementation; and
(ii) an implementation plan.
(c) The moderate income housing report submitted in each calendar year after 2022
shall include:
(i) the information required under Subsection (2)(b);
(ii) a description of each action, whether one-time or ongoing, taken by the specified
municipality during the previous fiscal year to implement the moderate income housing
strategies selected by the specified municipality for implementation;
(iii) a description of each land use regulation or land use decision made by the
specified municipality during the previous fiscal year to implement the moderate income
housing strategies, including an explanation of how the land use regulation or land use decision
supports the specified municipality's efforts to implement the moderate income housing
strategies;
(iv) a description of any barriers encountered by the specified municipality in the
previous fiscal year in implementing the moderate income housing strategies;
(v) information regarding the number of internal and external or detached accessory
dwelling units located within the specified municipality for which the specified municipality:
(A) issued a building permit to construct; or
(B) issued a business license to rent;
(vi) a description of how the market has responded to the selected moderate income
housing strategies, including the number of entitled moderate income housing units or other
relevant data; and
(vii) any recommendations on how the state can support the specified municipality in
implementing the moderate income housing strategies.
(d) The moderate income housing report shall be in a form:
(i) approved by the division; and
(ii) made available by the division on or before July 1 of the year in which the report is
required.
(3) Within 90 days after the day on which the division receives a specified
municipality's moderate income housing report, the division shall:
(a) post the report on the division's website;
(b) send a copy of the report to the Department of Transportation, the Governor's
Office of Planning and Budget, the association of governments in which the specified
municipality is located, and, if the specified municipality is located within the boundaries of a
metropolitan planning organization, the appropriate metropolitan planning organization; and
(c) subject to Subsection (4), review the report to determine compliance with
Subsection (2).
(4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(b);
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) three or more moderate income housing strategies if the specified municipality
does not have a fixed guideway public transit station; or
(B) subject to Subsection 
10-9a-403
(2)(b)(iv), five or more moderate income housing
strategies if the specified municipality has a fixed guideway public transit station; and
(iii) is in a form approved by the division.
(b) The report described in Subsection (2)(c) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(c);
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) three or more moderate income housing strategies if the specified municipality
does not have a fixed guideway public transit station; or
(B) four or more moderate income housing strategies if the specified municipality has a
fixed guideway public transit station;
(iii) is in a form approved by the division; and
(iv) provides sufficient information for the division to:
(A) assess the specified municipality's progress in implementing the moderate income
housing strategies;
(B) monitor compliance with the specified municipality's implementation plan;
(C) identify a clear correlation between the specified municipality's land use
regulations and land use decisions and the specified municipality's efforts to implement the
moderate income housing strategies; and
(D) identify how the market has responded to the specified municipality's selected
moderate income housing strategies.
(5) (a) A specified municipality qualifies for priority consideration under this
Subsection (5) if the specified municipality's moderate income housing report:
(i) complies with Subsection (2); and
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) five or more moderate income housing strategies if the specified municipality does
not have a fixed guideway public transit station; or
(B) six or more moderate income housing strategies if the specified municipality has a
fixed guideway public transit station.
(b) The following apply to a specified municipality described in Subsection (5)(a)
during the fiscal year immediately following the fiscal year in which the report is required:
(i) the Transportation Commission may give priority consideration to transportation
projects located within the boundaries of the specified municipality in accordance with
Subsection 
72-1-304
(3)(c); and
(ii) the Governor's Office of Planning and Budget may give priority consideration for
awarding financial grants to the specified municipality under the COVID-19 Local Assistance
Matching Grant Program in accordance with Subsection 
63J-4-802
(6).
(c) Upon determining that a specified municipality qualifies for priority consideration
under this Subsection (5), the division shall send a notice of prioritization to the legislative
body of the specified municipality, the Department of Transportation, and the Governor's
Office of Planning and Budget.
(d) The notice described in Subsection (5)(c) shall:
(i) name the specified municipality that qualifies for priority consideration;
(ii) describe the funds or projects for which the specified municipality qualifies to
receive priority consideration;
(iii) specify the fiscal year during which the specified municipality qualifies for priority
consideration; and
(iv) state the basis for the division's determination that the specified municipality
qualifies for priority consideration.
(6) (a) If the division, after reviewing a specified municipality's moderate income
housing report, determines that the report does not comply with Subsection (2), the division
shall send a notice of noncompliance to the legislative body of the specified municipality.
(b) The notice described in Subsection (6)(a) shall:
(i) describe each deficiency in the report and the actions needed to cure each
deficiency;
(ii) state that the specified municipality has an opportunity to cure the deficiencies
within 90 days after the day on which the notice is sent; and
(iii) state that failure to cure the deficiencies within 90 days after the day on which the
notice is sent will result in ineligibility for funds under Subsection (7).
(7) (a) A specified municipality is ineligible for funds under this Subsection (7) if the
specified municipality:
(i) fails to submit a moderate income housing report to the division; or
(ii) fails to cure the deficiencies in the specified municipality's moderate income
housing report within 90 days after the day on which the division sent to the specified
municipality a notice of noncompliance under Subsection (6).
(b) The following apply to a specified municipality described in Subsection (7)(a)
during the fiscal year immediately following the fiscal year in which the report is required:
(i) the executive director of the Department of Transportation may not program funds
from the Transportation Investment Fund of 2005, including the Transit Transportation
Investment Fund, to projects located within the boundaries of the specified municipality in
accordance with Subsection 
72-2-124
(5); and
(ii) the Governor's Office of Planning and Budget may not award financial grants to the
specified municipality under the COVID-19 Local Assistance Matching Grant Program in
accordance with Subsection 
63J-4-802
(7).
(c) Upon determining that a specified municipality is ineligible for funds under this
Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
specified municipality, the Department of Transportation, and the Governor's Office of
Planning and Budget.
(d) The notice described in Subsection (7)(c) shall:
(i) name the specified municipality that is ineligible for funds;
(ii) describe the funds for which the specified municipality is ineligible to receive;
(iii) specify the fiscal year during which the specified municipality is ineligible for
funds; and
(iv) state the basis for the division's determination that the specified municipality is
ineligible for funds.
[
(4)
] 
(8)
 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 7. Section 
10-9a-509
 is amended to read:
10-9a-509.
Applicant's entitlement to land use application approval --
Municipality's requirements and limitations -- Vesting upon submission of development
plan and schedule.
(1) (a) (i) An applicant who has submitted a complete land use application as described
in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
review of the application under the land use regulations:
(A) in effect on the date that the application is complete; and
(B) applicable to the application or to the information shown on the application.
(ii) An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use decisions, and
development standards in effect when the applicant submits a complete application and pays
application fees, unless:
(A) the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the application and specifies
the compelling, countervailing public interest in writing; or
(B) in the manner provided by local ordinance and before the applicant submits the
application, the municipality formally initiates proceedings to amend the municipality's land
use regulations in a manner that would prohibit approval of the application as submitted.
(b) The municipality shall process an application without regard to proceedings the
municipality initiated to amend the municipality's ordinances as described in Subsection
(1)(a)(ii)(B) if:
(i) 180 days have passed since the municipality initiated the proceedings; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(c) A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable ordinances
and pays all applicable fees.
(d) A subsequent incorporation of a municipality or a petition that proposes the
incorporation of a municipality does not affect a land use application approved by a county in
accordance with Section 
17-27a-508
.
(e) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(f) A municipality may not impose on an applicant who has submitted a complete
application a requirement that is not expressed in:
(i) this chapter;
(ii) a municipal ordinance; or
(iii) a municipal specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(g) A municipality may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a municipal ordinance.
(h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
of a certificate of occupancy or acceptance of subdivision improvements because of an
applicant's failure to comply with a requirement that is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the land use permit or
subdivision plat; or
(ii) in this chapter or the municipality's ordinances.
(i) A municipality may not unreasonably withhold issuance of a certificate of
occupancy where an applicant has met all requirements essential for the public health, public
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i) the applicant and the municipality have agreed in a written document to the
withholding of a certificate of occupancy; or
(ii) the applicant has not provided a financial assurance for required and uncompleted
landscaping or infrastructure improvements in accordance with an applicable ordinance that the
legislative body adopts under this chapter.
(2) A municipality is bound by the terms and standards of applicable land use
regulations and shall comply with mandatory provisions of those regulations.
(3) A municipality may not, as a condition of land use application approval, require a
person filing a land use application to obtain documentation regarding a school district's
willingness, capacity, or ability to serve the development proposed in the land use application.
(4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
which a subdivision plat is recorded, a municipality may not impose on a building permit
applicant for a single-family dwelling located within the subdivision any land use regulation
that is enacted within 10 years after the day on which the subdivision plat is recorded.
(b) Subsection (4)(a) does not apply to any changes in the requirements of the
applicable building code, health code, or fire code, or other similar regulations.
(5) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
10-9a-305
(8) that complies with the requirements of that subsection, the
specified public agency vests in the municipality's applicable land use maps, zoning map,
hookup fees, impact fees, other applicable development fees, and land use regulations in effect
on the date of submission.
(6) (a) If sponsors of a referendum timely challenge a project in accordance with
Subsection 
20A-7-601
[
(5)
]
(6)
, the project's affected owner may rescind the project's land use
approval by delivering a written notice:
(i) to the local clerk as defined in Section 
20A-7-101
; and
(ii) no later than seven days after the day on which a petition for a referendum is
determined sufficient under Subsection 
20A-7-607
(4).
(b) Upon delivery of a written notice described in Subsection (6)(a) the following are
rescinded and are of no further force or effect:
(i) the relevant land use approval; and
(ii) any land use regulation enacted specifically in relation to the land use approval.
Section 8. Section 
11-36a-202
 is amended to read:
11-36a-202.
Prohibitions on impact fees.
(1) A local political subdivision or private entity may not:
(a) impose an impact fee to:
(i) cure deficiencies in a public facility serving existing development;
(ii) raise the established level of service of a public facility serving existing
development; or
(iii) recoup more than the local political subdivision's or private entity's costs actually
incurred for excess capacity in an existing system improvement;
(b) delay the construction of a school or charter school because of a dispute with the
school or charter school over impact fees; or
(c) impose or charge any other fees as a condition of development approval unless
those fees are a reasonable charge for the service provided.
(2) (a) Notwithstanding any other provision of this chapter, a political subdivision or
private entity may not impose an impact fee:
(i) on residential components of development to pay for a public safety facility that is a
fire suppression vehicle;
(ii) on a school district or charter school for a park, recreation facility, open space, or
trail;
(iii) on a school district or charter school unless:
(A) the development resulting from the school district's or charter school's
development activity directly results in a need for additional system improvements for which
the impact fee is imposed; and
(B) the impact fee is calculated to cover only the school district's or charter school's
proportionate share of the cost of those additional system improvements;
(iv) to the extent that the impact fee includes a component for a law enforcement
facility, on development activity for:
(A) the Utah National Guard;
(B) the Utah Highway Patrol; or
(C) a state institution of higher education that has its own police force; [
or
]
(v) on development activity on the state fair park, as defined in Section 
63H-6-102
[
.
]
;
or
(vi) on development activity that consists of the construction of an internal accessory
dwelling unit, as defined in Section 
10-9a-530
, within an existing primary dwelling.
(b) (i) Notwithstanding any other provision of this chapter, a political subdivision or
private entity may not impose an impact fee on development activity that consists of the
construction of a school, whether by a school district or a charter school, if:
(A) the school is intended to replace another school, whether on the same or a different
parcel;
(B) the new school creates no greater demand or need for public facilities than the
school or school facilities, including any portable or modular classrooms that are on the site of
the replaced school at the time that the new school is proposed; and
(C) the new school and the school being replaced are both within the boundary of the
local political subdivision or the jurisdiction of the private entity.
(ii) If the imposition of an impact fee on a new school is not prohibited under
Subsection (2)(b)(i) because the new school creates a greater demand or need for public
facilities than the school being replaced, the impact fee shall be based only on the demand or
need that the new school creates for public facilities that exceeds the demand or need that the
school being replaced creates for those public facilities.
(c) Notwithstanding any other provision of this chapter, a political subdivision or
private entity may impose an impact fee for a road facility on the state only if and to the extent
that:
(i) the state's development causes an impact on the road facility; and
(ii) the portion of the road facility related to an impact fee is not funded by the state or
by the federal government.
(3) Notwithstanding any other provision of this chapter, a local political subdivision
may impose and collect impact fees on behalf of a school district if authorized by Section
11-36a-206
.
Section 9. Section 
11-59-203
 is amended to read:
11-59-203.
Authority duties and responsibilities.
(1) As the authority plans, manages, and implements the development of the point of
the mountain state land, the authority shall pursue development strategies and objectives
designed to:
(a) maximize the creation of high-quality jobs and encourage and facilitate a highly
trained workforce;
(b) ensure strategic residential and commercial growth;
(c) promote a high quality of life for residents on and surrounding the point of the
mountain state land, including strategic planning to facilitate:
(i) jobs close to where people live;
(ii) vibrant urban centers;
(iii) housing types that 
incorporate affordability factors and
 match workforce needs;
(iv) parks, connected trails, and open space, including the preservation of natural lands
to the extent practicable and consistent with the overall development plan; and
(v) preserving and enhancing recreational opportunities;
(d) complement the development on land in the vicinity of the point of the mountain
state land;
(e) improve air quality and minimize resource use; and
(f) accommodate and incorporate the planning, funding, and development of an
enhanced and expanded future transit and transportation infrastructure and other investments,
including:
(i) the acquisition of rights-of-way and property necessary to ensure transit access to
the point of the mountain state land; and
(ii) a world class mass transit infrastructure, to service the point of the mountain state
land and to enhance mobility and protect the environment.
(2) In planning the development of the point of the mountain state land, the authority
shall:
(a) consult with applicable governmental planning agencies, including:
(i) relevant metropolitan planning organizations; [
and
]
(ii) Draper City and Salt Lake County planning and governing bodies; 
and
(iii) in regards to the factors described in Subsections (1)(c)(i) and (iii), the Unified
Economic Opportunity Commission created in Section 
63N-1a-201
;
(b) research and explore the feasibility of attracting a nationally recognized research
center; and
(c) research and explore the appropriateness of including labor training centers and a
higher education presence on the point of the mountain state land. 
Section 10. Section 
17-27a-103
 is amended to read:
17-27a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
property owner, property owner's association, public utility, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c) the entity has filed with the county a request for notice during the same calendar
year and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
[
(5)
]
(6)
; and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that a charter school authorizer approves in accordance
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
(9) "Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
may not be compatible in some areas or may be compatible only if certain conditions are
required that mitigate or eliminate the detrimental impacts.
(10) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution, Article I, Section 22.
(11) "County utility easement" means an easement that:
(a) a plat recorded in a county recorder's office described as a county utility easement
or otherwise as a utility easement;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the county or the county's affiliated governmental entity owns or creates; and
(d) (i) either:
(A) no person uses or occupies; or
(B) the county or the county's affiliated governmental entity uses and occupies to
provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
communications or data lines; or
(ii) a person uses or occupies with or without an authorized franchise or other
agreement with the county.
(12) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(13) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(14) (a) "Development agreement" means a written agreement or amendment to a
written agreement between a county and one or more parties that regulates or controls the use
or development of a specific area of land.
(b) "Development agreement" does not include an improvement completion assurance.
(15) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
Sec. 802.
(16) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (16)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (16)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (16)(a)(i); or
(ii) a therapeutic school.
(17) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(18) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(19) "Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(20) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of:
(a) the unincorporated land within the county; or
(b) for a mountainous planning district, the land within the mountainous planning
district.
(21) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(22) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(23) "Identical plans" means building plans submitted to a county that:
(a) are clearly marked as "identical plans";
(b) are substantially identical building plans that were previously submitted to and
reviewed and approved by the county; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the county; and
(iv) does not require any additional engineering or analysis.
(24) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(25) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a county to guaranty the proper completion of landscaping or an infrastructure improvement
required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(26) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the county's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(27) "Improvement warranty period" means a period:
(a) no later than one year after a county's acceptance of required landscaping; or
(b) no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the county has not otherwise required the applicant to mitigate the suspect soil.
(28) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human consumption; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) developing a commercial, industrial, mixed use, condominium, or multifamily
project.
(29) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(30) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(31) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(32) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(33) "Land use application":
(a) means an application that is:
(i) required by a county; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(34) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(35) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(36) "Land use permit" means a permit issued by a land use authority.
(37) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(38) "Legislative body" means the county legislative body, or for a county that has
adopted an alternative form of government, the body exercising legislative powers.
(39) "Local district" means any entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(40) "Lot" means a tract of land, regardless of any label, that is created by and shown
on a subdivision plat that has been recorded in the office of the county recorder.
(41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or between a lot and adjoining parcels in accordance with Section 
17-27a-608
:
(i) whether or not the lots are located in the same subdivision; and
(ii) with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
(42) "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
(43) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(44) "Mountainous planning district" means an area designated by a county legislative
body in accordance with Section 
17-27a-901
.
(45) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(46) "Noncomplying structure" means a structure that:
(a) legally existed before the structure's current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations that govern
the use of land.
(47) "Nonconforming use" means a use of land that:
(a) legally existed before the current land use designation;
(b) has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(48) "Official map" means a map drawn by county authorities and recorded in the
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the county's general plan.
(49) "Parcel" means any real property that is not a lot.
(50) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
agreement in accordance with Section 
17-27a-523
, if no additional parcel is created and:
(i) none of the property identified in the agreement is a lot; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
the Department of Transportation.
(51) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(52) "Plan for moderate income housing" means a written document adopted by a
county legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
county;
(b) an estimate of the need for moderate income housing in the county for the next five
years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the county's program to encourage an adequate supply of moderate
income housing.
(53) "Planning advisory area" means a contiguous, geographically defined portion of
the unincorporated area of a county established under this part with planning and zoning
functions as exercised through the planning advisory area planning commission, as provided in
this chapter, but with no legal or political identity separate from the county and no taxing
authority.
(54) "Plat" means an instrument subdividing property into lots as depicted on a map or
other graphical representation of lands that a licensed professional land surveyor makes and
prepares in accordance with Section 
17-27a-603
 or 
57-8-13
.
(55) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(56) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(57) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(58) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(59) "Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
(60) "Receiving zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(61) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(62) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
(63) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(64) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(65) "Sending zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
(66) "Site plan" means a document or map that may be required by a county during a
preliminary review preceding the issuance of a building permit to demonstrate that an owner's
or developer's proposed development activity meets a land use requirement.
(67) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(68) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(69) "State" includes any department, division, or agency of the state.
(70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
the division includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (70)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for agricultural purposes;
(ii) a boundary line agreement recorded with the county recorder's office between
owners of adjoining parcels adjusting the mutual boundary in accordance with Section
17-27a-523
 if no new lot is created;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal descriptions of multiple parcels into one legal description
encompassing all such parcels; or
(B) joining a lot to a parcel;
(iv) a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A) an electrical transmission line or a substation;
(B) a natural gas pipeline or a regulation station; or
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification facility;
(v) a boundary line agreement between owners of adjoining subdivided properties
adjusting the mutual lot line boundary in accordance with Sections 
17-27a-523
 and 
17-27a-608
if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(vi) a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A) is in anticipation of future land use approvals on the parcel or parcels;
(B) does not confer any land use approvals; and
(C) has not been approved by the land use authority;
(vii) a parcel boundary adjustment;
(viii) a lot line adjustment;
(ix) a road, street, or highway dedication plat;
(x) a deed or easement for a road, street, or highway purpose; or
(xi) any other division of land authorized by law.
(71) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
17-27a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(72) "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
(73) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(74) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(75) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(76) "Unincorporated" means the area outside of the incorporated area of a
municipality.
(77) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(78) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 11. Section 
17-27a-401
 is amended to read:
17-27a-401.
General plan required -- Content -- Resource management plan --
Provisions related to radioactive waste facility.
(1) To accomplish the purposes of this chapter, each county shall prepare and adopt a
comprehensive, long-range general plan:
(a) for present and future needs of the county;
(b) (i) for growth and development of all or any part of the land within the
unincorporated portions of the county; or
(ii) if a county has designated a mountainous planning district, for growth and
development of all or any part of the land within the mountainous planning district; and
(c) as a basis for communicating and coordinating with the federal government on land
and resource management issues.
(2) To promote health, safety, and welfare, 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) the protection and promotion of air quality;
(g) historic preservation;
(h) 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
(i) an official map.
[
(3) (a) The general plan shall:
]
[
(i) allow and plan for moderate income housing growth; and
]
(3) (a) (i) The general plan of a specified county, as defined in Section 
17-27a-408
,
shall include a moderate income housing element that meets the requirements of Subsection
17-27a-403
(2)(a)(iii).
[
(ii) contain a resource management plan for the public lands, as defined in Section
63L-6-102
, within the county .
]
[
(b)
] 
(ii)
 On or before [
December 1, 2019, a
] 
October 1, 2022, a specified
 county
, as
defined in Section 
17-27a-408
,
 with a general plan that does not comply with Subsection
(3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i).
(b) The general plan shall contain a resource management plan for the public lands, as
defined in Section 
63L-6-102
, within the county.
(c) The resource management plan described in Subsection [
(3)(a)(ii)
] 
(3)(b)
 shall
address:
(i) mining;
(ii) land use;
(iii) livestock and grazing;
(iv) irrigation;
(v) agriculture;
(vi) fire management;
(vii) noxious weeds;
(viii) forest management;
(ix) water rights;
(x) ditches and canals;
(xi) water quality and hydrology;
(xii) flood plains and river terraces;
(xiii) wetlands;
(xiv) riparian areas;
(xv) predator control;
(xvi) wildlife;
(xvii) fisheries;
(xviii) recreation and tourism;
(xix) energy resources;
(xx) mineral resources;
(xxi) cultural, historical, geological, and paleontological resources;
(xxii) wilderness;
(xxiii) wild and scenic rivers;
(xxiv) threatened, endangered, and sensitive species;
(xxv) land access;
(xxvi) law enforcement;
(xxvii) economic considerations; and
(xxviii) air.
(d) For each item listed under Subsection (3)(c), a county's resource management plan
shall:
(i) establish findings pertaining to the item;
(ii) establish defined objectives; and
(iii) outline general policies and guidelines on how the objectives described in
Subsection (3)(d)(ii) are to be accomplished.
(4) (a) 
(i)
 The general plan shall include specific provisions related to any areas within,
or partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
county, which are proposed for the siting of a storage facility or transfer facility for the
placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
these wastes are defined in Section 
19-3-303
.
(ii)
 The provisions 
described in Subsection (4)(a)(i)
 shall address the effects of the
proposed site upon the health and general welfare of citizens of the state, and shall provide:
[
(i)
] 
(A)
 the information identified in Section 
19-3-305
;
[
(ii)
] 
(B)
 information supported by credible studies that demonstrates that the
provisions of Subsection 
19-3-307
(2) have been satisfied; and
[
(iii)
] 
(C)
 specific measures to mitigate the effects of high-level nuclear waste and
greater than class C radioactive waste and guarantee the health and safety of the citizens of the
state.
(b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance
indicating that all proposals for the siting of a storage facility or transfer facility for the
placement of high-level nuclear waste or greater than class C radioactive waste wholly or
partially within the county are rejected.
(c) A county may adopt the ordinance listed in Subsection (4)(b) at any time.
(d) The county shall send a certified copy of the ordinance described in Subsection
(4)(b) to the executive director of the Department of Environmental Quality by certified mail
within 30 days of enactment.
(e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall:
(i) comply with Subsection (4)(a) as soon as reasonably possible; and
(ii) send a certified copy of the repeal to the executive director of the Department of
Environmental Quality by certified mail within 30 days after the repeal.
(5) The general plan may define the county's local customs, local culture, and the
components necessary for the county's economic stability.
(6) Subject to Subsection 
17-27a-403
(2), the county may determine the
comprehensiveness, extent, and format of the general plan.
(7) If a county has designated a mountainous planning district, the general plan for the
mountainous planning district is the controlling plan.
(8) Nothing in this part may be construed to limit the authority of the state to manage
and protect wildlife under Title 23, Wildlife Resources Code of Utah.
Section 12. Section 
17-27a-403
 is amended to read:
17-27a-403.
Plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
17-27a-203
, of [
its
] 
the planning commission's
 intent to make a recommendation to the county
legislative body for a general plan or a comprehensive general plan amendment when the
planning commission initiates the process of preparing [
its
] 
the planning commission's
recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for:
(i) the unincorporated area within the county; or
(ii) if the planning commission is a planning commission for a mountainous planning
district, the mountainous planning district.
(c) (i) The plan may include planning for incorporated areas if, in the planning
commission's judgment, they are related to the planning of the unincorporated territory or of
the county as a whole.
(ii) Elements of the county plan that address incorporated areas are not an official plan
or part of a municipal plan for any municipality, unless the county plan is recommended by the
municipal planning commission and adopted by the governing body of the municipality.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate; and
(B) [
may include
] 
includes
 a statement of the projections for and standards of
population density and building intensity recommended for the various land use categories
covered by the plan;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) addresses the county's plan for residential and commercial development around
major transit investment corridors to maintain and improve the connections between housing,
employment, education, recreation, and commerce; and
(C) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan;
[
(iii) a plan for the development of additional moderate income housing within the
unincorporated area of the county or the mountainous planning district, and a plan to provide a
realistic opportunity to meet the need for additional moderate income housing; and
]
(iii) for a specified county as defined in Section 
17-27a-408
, a moderate income
housing element that:
(A) provides a realistic opportunity to meet the need for additional moderate income
housing within the next five years;
(B) selects three or more moderate income housing strategies described in Subsection
(2)(b)(ii) for implementation; and
(C) includes an implementation plan as provided in Subsection (2)(e); and
(iv) [
before May 1, 2017,
] a resource management plan detailing the findings,
objectives, and policies required by Subsection 
17-27a-401
(3).
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that counties should facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life; and
(ii) shall include an analysis of how the county will provide a realistic opportunity for
the development of moderate income housing within the planning horizon, [
which may
include
] 
including
 a recommendation to implement three or more of the following 
moderate
income housing
 strategies:
(A) rezone for densities necessary to [
assure
] 
facilitate
 the production of moderate
income housing;
(B) [
facilitate
] 
demonstrate investment in
 the rehabilitation or expansion of
infrastructure that [
will encourage
] 
facilitates
 the construction of moderate income housing;
(C) [
facilitate
] 
demonstrate investment in
 the rehabilitation of existing uninhabitable
housing stock into moderate income housing;
(D) [
consider
] 
identify and utilize
 county general fund subsidies or other sources of
revenue to waive construction related fees that are otherwise generally imposed by the county
for the construction or rehabilitation of moderate income housing
;
(E) create or allow for, and reduce regulations related to, 
internal or detached
 accessory
dwelling units in residential zones;
(F) [
allow
] 
zone or rezone
 for higher density or moderate income residential
development in commercial [
and
] 
or
 mixed-use zones, commercial centers, or employment
centers;
(G) [
encourage
] 
amend land use regulations to allow for
 higher density or 
new
moderate income residential development 
in commercial or mixed-use zones
 near major transit
investment corridors;
(H) 
amend land use regulations to
 eliminate or reduce parking requirements for
residential development where a resident is less likely to rely on the resident's own vehicle,
such as residential development near major transit investment corridors or senior living
facilities;
(I) 
amend land use regulations to
 allow for single room occupancy developments;
(J) implement zoning incentives for [
low to
] moderate income units in new
developments;
[
(K) utilize strategies that preserve subsidized low to moderate income units on a
long-term basis;
]
[
(L)
] 
(K)
 preserve existing 
and new
 moderate income housing 
and subsidized units by
utilizing a landlord incentive program, providing for deed restricted units through a grant
program, or establishing a housing loss mitigation fund
;
[
(M)
] 
(L)
 reduce
, waive, or eliminate
 impact fees[
, as defined in Section 
11-36a-102
,
]
related to [
low and
] moderate income housing;
[
(N) participate in
] 
(M) demonstrate creation of, or participation in,
 a community land
trust program for [
low or
] moderate income housing;
[
(O)
] 
(N)
 implement a mortgage assistance program for employees of the county [
or
of
]
,
 an employer that provides contracted services for the county
, or any other public employer
that operates within the county
;
[
(P)
] 
(O)
 apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing
, an entity that applies for
programs offered by the Utah Housing Corporation within that agency's funding capacity, an
entity that applies for affordable housing programs administered by the Department of
Workforce Services, an entity that applies for services provided by a public housing authority
to preserve and create moderate income housing, or any other entity that applies for programs
or services that promote the construction or preservation of moderate income housing
;
[
(Q) apply for or partner with an entity that applies for programs offered by the Utah
Housing Corporation within that agency's funding capacity;
]
[
(R) apply for or partner with an entity that applies for affordable housing programs
administered by the Department of Workforce Services;
]
[
(S) apply for or partner with an entity that applies for services provided by a public
housing authority to preserve and create moderate income housing;
]
[
(T) apply for or partner with an entity that applies for programs administered by a
metropolitan planning organization or other transportation agency that provides technical
planning assistance;
]
[
(U) utilize
] 
(P) demonstrate utilization of
 a moderate income housing set aside from a
community reinvestment agency, redevelopment agency, or community development and
renewal agency 
to create or subsidize moderate income housing
; [
and
]
(Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
Part 6, Housing and Transit Reinvestment Zone Act;
(R) eliminate impact fees for any accessory dwelling unit that is not an internal
accessory dwelling unit as defined in Section 
10-9a-530
;
(S) create a program to transfer development rights for moderate income housing;
(T) ratify a joint acquisition agreement with another local political subdivision for the
purpose of combining resources to acquire property for moderate income housing;
(U) develop a moderate income housing project for residents who are disabled or 55
years old or older;
(V) create or allow for, and reduce regulations related to, multifamily residential
dwellings compatible in scale and form with detached single-family residential dwellings and
located in walkable communities within residential or mixed-use zones; and
[
(V) consider
] 
(W) demonstrate implementation of
 any other program or strategy
[
implemented by the county
] to address the housing needs of residents of the county who earn
less than 80% of the area median income
, including the dedication of a local funding source to
moderate income housing or the adoption of a land use ordinance that requires 10% or more of
new residential development in a residential zone be dedicated to moderate income housing
.
(iii) If a specified county, as defined in Section 
17-27a-408
, has created a small public
transit district, as defined in Section 
17B-2a-802
, on or before January 1, 2022, the specified
county shall include as part of the specified county's recommended strategies under Subsection
(2)(b)(ii) a recommendation to implement the strategy described in Subsection (2)(b)(ii)(Q).
(c) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the unincorporated area
of the county or mountainous planning district; [
and
]
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture[
.
]
; and
(iii) consider and coordinate with any station area plans adopted by municipalities
located within the county under Section 
10-9a-403.1
.
(d) In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) 
(A)
 consider 
and coordinate with
 the regional transportation plan developed by [
its
]
the
 region's metropolitan planning organization, if the relevant areas of the county are within
the boundaries of a metropolitan planning organization; or
[
(ii)
] 
(B)
 consider 
and coordinate with
 the long-range transportation plan developed by
the Department of Transportation, if the relevant areas of the county are not within the
boundaries of a metropolitan planning organization[
.
]
; and
(ii) consider and coordinate with any station area plans adopted by municipalities
located within the county under Section 
10-9a-403.1
.
(e) (i) In drafting the implementation plan portion of the moderate income housing
element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
timeline for implementing each of the moderate income housing strategies selected by the
county for implementation.
(ii) The timeline described in Subsection (2)(e)(i) shall:
(A) identify specific measures and benchmarks for implementing each moderate
income housing strategy selected by the county; and
(B) provide flexibility for the county to make adjustments as needed.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) to the extent not covered by the county's resource management plan, the protection,
conservation, development, and use of natural resources, including the quality of air, forests,
soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
and
(ii) the reclamation of land, flood control, prevention and control of the pollution of
streams and other waters, regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
protection of watersheds and wetlands, and the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected county
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the use of land use ordinances, capital improvement plans, community development and
promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
17-27a-401
(2) or
(3)(a)(i); and
(g) any other element the county considers appropriate.
Section 13. Section 
17-27a-404
 is amended to read:
17-27a-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 
17-27a-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) As provided by local ordinance and by Section 
17-27a-204
, the legislative body
shall provide notice of its intent to consider the general plan proposal.
(b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
regarding Subsection 
17-27a-401
(4). The hearing procedure shall comply with this Subsection
(3)(b).
(ii) The hearing format shall allow adequate time for public comment at the actual
public hearing, and shall also allow for public comment in writing to be submitted to the
legislative body for not fewer than 90 days after the date of the public hearing.
(c) (i) The legislative body shall give notice of the hearing in accordance with this
Subsection (3) when the proposed plan provisions required by Subsection 
17-27a-401
(4) are
complete.
(ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
the state Legislature, executive director of the Department of Environmental Quality, the state
planning coordinator, the Resource Development Coordinating Committee, and any other
citizens or entities who specifically request notice in writing.
(iii) Public notice shall be given by publication on the Utah Public Notice Website
created in Section 
63A-16-601
.
(iv) The notice shall be published to allow reasonable time for interested parties and
the state to evaluate the information regarding the provisions of Subsection 
17-27a-401
(4),
including publication described in Subsection (3)(c)(iii) for 180 days before the date of the
hearing to be held under this Subsection (3).
(4) (a) After the public hearing required under this section, the legislative body may
adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
(b) The legislative body shall respond in writing and in a substantive manner to all
those providing comments as a result of the hearing required by Subsection (3).
(c) If the county 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.
(5) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
17-27a-403
(2)(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
17-27a-403
(2)(a)(ii);
[
(c) after considering the factors included in Subsection 
17-27a-403
(2)(b), a plan to
provide a realistic opportunity to meet the need for additional moderate income housing; and
]
(c) for a specified county as defined in Section 
17-27-408
, a moderate income housing
element as provided in Subsection 
17-27a-403
(2)(a)(iii); and
(d) [
before August 1, 2017,
] a resource management plan as provided by Subsection
17-27a-403
(2)(a)(iv).
Section 14. Section 
17-27a-408
 is amended to read:
17-27a-408.
Moderate income housing report -- Contents -- Prioritization for
funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
[
(1) The legislative body of each county of the first, second, or third class, which has a
population in the county's unincorporated areas of more than 5,000 residents, shall annually:
]
[
(a) review the moderate income housing plan element of the county'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 county's website.
]
[
(2) The report described in Subsection (1) shall include:
]
[
(a) a revised estimate of the need for moderate income housing in the unincorporated
areas of the county for the next five years;
]
[
(b) a description of progress made within the unincorporated areas of the county to
provide moderate income housing demonstrated by analyzing and publishing data on the
number of housing units in the county 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 county to utilize a moderate income
housing set-aside from a community reinvestment agency, redevelopment agency, or a
community development and renewal agency; and
]
[
(d) a description of how the county has implemented any of the recommendations
related to moderate income housing described in Subsection 
17-27a-403
(2)(b)(ii).
]
[
(3) The legislative body of each county 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 county is located, and, if the unincorporated area of the county is
located within the boundaries of a metropolitan planning organization, the appropriate
metropolitan planning organization.
] 
(1) As used in this section:
(a) "Division" means the Housing and Community Development Division within the
Department of Workforce Services.
(b) "Implementation plan" means the implementation plan adopted as part of the
moderate income housing element of a specified county's general plan as provided in
Subsection 
10-9a-403
(2)(c).
(c) "Moderate income housing report" or "report" means the report described in
Subsection (2)(a).
(d) "Moderate income housing strategy" means a strategy described in Subsection
17-27a-403
(2)(b)(ii).
(e) "Specified county" means a county of the first, second, or third class, which has a
population of more than 5,000 in the county's unincorporated areas.
(2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
body of a specified county shall annually submit a written moderate income housing report to
the division.
(b) The moderate income housing report submitted in 2022 shall include:
(i) a description of each moderate income housing strategy selected by the specified
county for implementation; and
(ii) an implementation plan.
(c) The moderate income housing report submitted in each calendar year after 2022
shall include:
(i) the information required under Subsection (2)(b);
(ii) a description of each action, whether one-time or ongoing, taken by the specified
county during the previous fiscal year to implement the moderate income housing strategies
selected by the specified county for implementation;
(iii) a description of each land use regulation or land use decision made by the
specified county during the previous fiscal year to implement the moderate income housing
strategies, including an explanation of how the land use regulation or land use decision
supports the specified county's efforts to implement the moderate income housing strategies;
(iv) a description of any barriers encountered by the specified county in the previous
fiscal year in implementing the moderate income housing strategies; and
(v) information regarding the number of internal and external or detached accessory
dwelling units located within the specified county for which the specified county:
(A) issued a building permit to construct; or
(B) issued a business license to rent;
(vi) a description of how the market has responded to the selected moderate income
housing strategies, including the number of entitled moderate income housing units or other
relevant data; and
(vii) any recommendations on how the state can support the specified county in
implementing the moderate income housing strategies.
(d) The moderate income housing report shall be in a form:
(i) approved by the division; and
(ii) made available by the division on or before July 1 of the year in which the report is
required.
(3) Within 90 days after the day on which the division receives a specified county's
moderate income housing report, the division shall:
(a) post the report on the division's website;
(b) send a copy of the report to the Department of Transportation, the Governor's
Office of Planning and Budget, the association of governments in which the specified county is
located, and, if the unincorporated area of the specified county is located within the boundaries
of a metropolitan planning organization, the appropriate metropolitan planning organization;
and
(c) subject to Subsection (4), review the report to determine compliance with
Subsection (2).
(4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(b);
(ii) demonstrates to the division that the specified county made plans to implement
three or more moderate income housing strategies; and
(iii) is in a form approved by the division.
(b) The report described in Subsection (2)(c) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(c);
(ii) demonstrates to the division that the specified county made plans to implement
three or more moderate income housing strategies;
(iii) is in a form approved by the division; and
(iv) provides sufficient information for the division to:
(A) assess the specified county's progress in implementing the moderate income
housing strategies;
(B) monitor compliance with the specified county's implementation plan;
(C) identify a clear correlation between the specified county's land use decisions and
efforts to implement the moderate income housing strategies; and
(D) identify how the market has responded to the specified county's selected moderate
income housing strategies.
(5) (a) A specified county qualifies for priority consideration under this Subsection (5)
if the specified county's moderate income housing report:
(i) complies with Subsection (2); and
(ii) demonstrates to the division that the specified county made plans to implement five
or more moderate income housing strategies.
(b) The following apply to a specified county described in Subsection (5)(a) during the
fiscal year immediately following the fiscal year in which the report is required:
(i) the Transportation Commission may give priority consideration to transportation
projects located within the unincorporated areas of the specified county in accordance with
Subsection 
72-1-304
(3)(c); and
(ii) the Governor's Office of Planning and Budget may give priority consideration for
awarding financial grants to the specified county under the COVID-19 Local Assistance
Matching Grant Program in accordance with Subsection 
63J-4-802
(6).
(c) Upon determining that a specified county qualifies for priority consideration under
this Subsection (5), the division shall send a notice of prioritization to the legislative body of
the specified county, the Department of Transportation, and the Governor's Office of Planning
and Budget.
(d) The notice described in Subsection (5)(c) shall:
(i) name the specified county that qualifies for priority consideration;
(ii) describe the funds or projects for which the specified county qualifies to receive
priority consideration;
(iii) specify the fiscal year during which the specified county qualifies for priority
consideration; and
(iv) state the basis for the division's determination that the specified county qualifies
for priority consideration.
(6) (a) If the division, after reviewing a specified county's moderate income housing
report, determines that the report does not comply with Subsection (2), the division shall send a
notice of noncompliance to the legislative body of the specified county.
(b) The notice described in Subsection (6)(a) shall:
(i) describe each deficiency in the report and the actions needed to cure each
deficiency;
(ii) state that the specified county has an opportunity to cure the deficiencies within 90
days after the day on which the notice is sent; and
(iii) state that failure to cure the deficiencies within 90 days after the day on which the
notice is sent will result in ineligibility for funds under Subsection (7).
(7) (a) A specified county is ineligible for funds under this Subsection (7) if the
specified county:
(i) fails to submit a moderate income housing report to the division; or
(ii) fails to cure the deficiencies in the specified county's moderate income housing
report within 90 days after the day on which the division sent to the specified county a notice of
noncompliance under Subsection (6).
(b) The following apply to a specified county described in Subsection (7)(a) during the
fiscal year immediately following the fiscal year in which the report is required:
(i) the executive director of the Department of Transportation may not program funds
from the Transportation Investment Fund of 2005, including the Transit Transportation
Investment Fund, to projects located within the unincorporated areas of the specified county in
accordance with Subsection 
72-2-124
(6); and
(ii) the Governor's Office of Planning and Budget may not award financial grants to the
specified county under the COVID-19 Local Assistance Matching Grant Program in
accordance with Subsection 
63J-4-802
(7).
(c) Upon determining that a specified county is ineligible for funds under this
Subsection (7), the division shall send a notice of ineligibility to the legislative body of the
specified county, the Department of Transportation, and the Governor's Office of Planning and
Budget.
(d) The notice described in Subsection (7)(c) shall:
(i) name the specified county that is ineligible for funds;
(ii) describe the funds for which the specified county is ineligible to receive;
(iii) specify the fiscal year during which the specified county is ineligible for funds;
and
(iv) state the basis for the division's determination that the specified county is ineligible
for funds.
[
(4)
] 
(8)
 In a civil action seeking enforcement or claiming a violation of this section or
of Subsection 
17-27a-404
(5)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 15. Section 
17-27a-508
 is amended to read:
17-27a-508.
Applicant's entitlement to land use application approval --
Application relating to land in a high priority transportation corridor -- County's
requirements and limitations -- Vesting upon submission of development plan and
schedule.
(1) (a) (i) An applicant who has submitted a complete land use application, including
the payment of all application fees, is entitled to substantive review of the application under the
land use regulations:
(A) in effect on the date that the application is complete; and
(B) applicable to the application or to the information shown on the submitted
application.
(ii) An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use decisions, and
development standards in effect when the applicant submits a complete application and pays all
application fees, unless:
(A) the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the application and specifies
the compelling, countervailing public interest in writing; or
(B) in the manner provided by local ordinance and before the applicant submits the
application, the county formally initiates proceedings to amend the county's land use
regulations in a manner that would prohibit approval of the application as submitted.
(b) The county shall process an application without regard to proceedings the county
initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
(i) 180 days have passed since the county initiated the proceedings; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(c) A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable ordinances
and pays all applicable fees.
(d) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(e) A county may not impose on an applicant who has submitted a complete
application a requirement that is not expressed:
(i) in this chapter;
(ii) in a county ordinance; or
(iii) in a county specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(f) A county may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a county ordinance.
(g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
certificate of occupancy or acceptance of subdivision improvements because of an applicant's
failure to comply with a requirement that is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the building permit or
subdivision plat; or
(ii) in this chapter or the county's ordinances.
(h) A county may not unreasonably withhold issuance of a certificate of occupancy
where an applicant has met all requirements essential for the public health, public safety, and
general welfare of the occupants, in accordance with this chapter, unless:
(i) the applicant and the county have agreed in a written document to the withholding
of a certificate of occupancy; or
(ii) the applicant has not provided a financial assurance for required and uncompleted
landscaping or infrastructure improvements in accordance with an applicable ordinance that the
legislative body adopts under this chapter.
(2) A county is bound by the terms and standards of applicable land use regulations and
shall comply with mandatory provisions of those regulations.
(3) A county may not, as a condition of land use application approval, require a person
filing a land use application to obtain documentation regarding a school district's willingness,
capacity, or ability to serve the development proposed in the land use application.
(4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
which a subdivision plat is recorded, a county may not impose on a building permit applicant
for a single-family dwelling located within the subdivision any land use regulation that is
enacted within 10 years after the day on which the subdivision plat is recorded.
(b) Subsection (4)(a) does not apply to any changes in the requirements of the
applicable building code, health code, or fire code, or other similar regulations.
(5) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
17-27a-305
(8) that complies with the requirements of that subsection,
the specified public agency vests in the county's applicable land use maps, zoning map, hookup
fees, impact fees, other applicable development fees, and land use regulations in effect on the
date of submission.
(6) (a) If sponsors of a referendum timely challenge a project in accordance with
Subsection 
20A-7-601
[
(5)
]
(6)
, the project's affected owner may rescind the project's land use
approval by delivering a written notice:
(i) to the local clerk as defined in Section 
20A-7-101
; and
(ii) no later than seven days after the day on which a petition for a referendum is
determined sufficient under Subsection 
20A-7-607
(4).
(b) Upon delivery of a written notice described in Subsection (6)(a) the following are
rescinded and are of no further force or effect:
(i) the relevant land use approval; and
(ii) any land use regulation enacted specifically in relation to the land use approval.
Section 16. Section 
17B-2a-802
 is amended to read:
17B-2a-802.
Definitions.
As used in this part:
(1) "Affordable housing" means housing occupied or reserved for occupancy by
households that meet certain gross household income requirements based on the area median
income for households of the same size.
(a) "Affordable housing" may include housing occupied or reserved for occupancy by
households that meet specific area median income targets or ranges of area median income
targets.
(b) "Affordable housing" does not include housing occupied or reserved for occupancy
by households with gross household incomes that are more than 60% of the area median
income for households of the same size. 
(2) "Appointing entity" means the person, county, unincorporated area of a county, or
municipality appointing a member to a public transit district board of trustees.
(3) (a) "Chief executive officer" means a person appointed by the board of trustees of a
small public transit district to serve as chief executive officer.
(b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
defined in Sections 
17B-2a-810
 and 
17B-2a-811
 and includes all rights, duties, and
responsibilities assigned to the general manager but prescribed by the board of trustees to be
fulfilled by the chief executive officer.
(4) "Council of governments" means a decision-making body in each county composed
of membership including the county governing body and the mayors of each municipality in the
county.
(5) "Department" means the Department of Transportation created in Section 
72-1-201
.
(6) "Executive director" means a person appointed by the board of trustees of a large
public transit district to serve as executive director.
(7) (a) "General manager" means a person appointed by the board of trustees of a small
public transit district to serve as general manager.
(b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
Sections 
17B-2a-810
 and 
17B-2a-811
 prescribed by the board of trustees of a small public
transit district.
(8) "Large public transit district" means a public transit district that provides public
transit to an area that includes:
(a) more than 65% of the population of the state based on the most recent official
census or census estimate of the United States Census Bureau; and
(b) two or more counties.
(9) (a) "Locally elected public official" means a person who holds an elected position
with a county or municipality.
(b) "Locally elected public official" does not include a person who holds an elected
position if the elected position is not with a county or municipality.
(10) "Metropolitan planning organization" means the same as that term is defined in
Section 
72-1-208.5
.
(11) "Multicounty district" means a public transit district located in more than one
county.
(12) "Operator" means a public entity or other person engaged in the transportation of
passengers for hire.
(13) (a) "Public transit" means regular, continuing, shared-ride, surface transportation
services that are open to the general public or open to a segment of the general public defined
by age, disability, or low income.
(b) "Public transit" does not include transportation services provided by:
(i) chartered bus;
(ii) sightseeing bus;
(iii) taxi;
(iv) school bus service;
(v) courtesy shuttle service for patrons of one or more specific establishments; or
(vi) intra-terminal or intra-facility shuttle services.
(14) "Public transit district" means a local district that provides public transit services.
(15) "Small public transit district" means any public transit district that is not a large
public transit district.
[
(16) "Station area plan" means a plan adopted by the relevant municipality or county
that establishes and preserves a vision for areas within one-half mile of a fixed guideway
station of a large public transit district, the development of which includes:
]
[
(a) involvement of all relevant stakeholders who have an interest in the station area,
including relevant metropolitan planning organizations;
]
[
(b) identification of major infrastructural and policy constraints and a course of action
to address those constraints; and
]
[
(c) other criteria as determined by the board of trustees of the relevant public transit
district.
]
(16) "Station area plan" means a plan developed and adopted by a municipality in
accordance with Section 
10-9a-403.1
.
(17) "Transit facility" means a transit vehicle, transit station, depot, passenger loading
or unloading zone, parking lot, or other facility:
(a) leased by or operated by or on behalf of a public transit district; and
(b) related to the public transit services provided by the district, including:
(i) railway or other right-of-way;
(ii) railway line; and
(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
a transit vehicle.
(18) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle
operated as public transportation by a public transit district.
(19) "Transit-oriented development" means a mixed use residential or commercial area
that is designed to maximize access to public transit and includes the development of land
owned by a large public transit district.
(20) "Transit-supportive development" means a mixed use residential or commercial
area that is designed to maximize access to public transit and does not include the development
of land owned by a large public transit district. 
Section 17. Section 
17B-2a-804
 is amended to read:
17B-2a-804.
Additional public transit district powers.
(1) In addition to the powers conferred on a public transit district under Section
17B-1-103
, a public transit district may:
(a) provide a public transit system for the transportation of passengers and their
incidental baggage;
(b) notwithstanding Subsection 
17B-1-103
(2)(g) and subject to Section 
17B-2a-817
,
levy and collect property taxes only for the purpose of paying:
(i) principal and interest of bonded indebtedness of the public transit district; or
(ii) a final judgment against the public transit district if:
(A) the amount of the judgment exceeds the amount of any collectable insurance or
indemnity policy; and
(B) the district is required by a final court order to levy a tax to pay the judgment;
(c) insure against:
(i) loss of revenues from damage to or destruction of some or all of a public transit
system from any cause;
(ii) public liability;
(iii) property damage; or
(iv) any other type of event, act, or omission;
(d) acquire, contract for, lease, construct, own, operate, control, or use:
(i) a right-of-way, rail line, monorail, bus line, station, platform, switchyard, terminal,
parking lot, or any other facility necessary or convenient for public transit service; or
(ii) any structure necessary for access by persons and vehicles;
(e) (i) hire, lease, or contract for the supplying or management of a facility, operation,
equipment, service, employee, or management staff of an operator; and
(ii) provide for a sublease or subcontract by the operator upon terms that are in the
public interest;
(f) operate feeder bus lines and other feeder or ridesharing services as necessary;
(g) accept a grant, contribution, or loan, directly through the sale of securities or
equipment trust certificates or otherwise, from the United States, or from a department,
instrumentality, or agency of the United States;
(h) study and plan transit facilities in accordance with any legislation passed by
Congress;
(i) cooperate with and enter into an agreement with the state or an agency of the state
or otherwise contract to finance to establish transit facilities and equipment or to study or plan
transit facilities;
(j) subject to Subsection 
17B-2a-808.1
(5), issue bonds as provided in and subject to
Chapter 1, Part 11, Local District Bonds, to carry out the purposes of the district;
(k) from bond proceeds or any other available funds, reimburse the state or an agency
of the state for an advance or contribution from the state or state agency;
(l) do anything necessary to avail itself of any aid, assistance, or cooperation available
under federal law, including complying with labor standards and making arrangements for
employees required by the United States or a department, instrumentality, or agency of the
United States;
(m) sell or lease property;
(n) except as provided in Subsection (2)(b), assist in or operate transit-oriented or
transit-supportive developments;
(o) establish, finance, participate as a limited partner or member in a development with
limited liabilities in accordance with Subsection (1)(p), construct, improve, maintain, or
operate transit facilities, equipment, and , in accordance with Subsection (3), transit-oriented
developments or transit-supportive developments; and
(p) subject to the restrictions and requirements in Subsections (2) and (3), assist in a
transit-oriented development or a transit-supportive development in connection with project
area development as defined in Section 
17C-1-102
 by:
(i) investing in a project as a limited partner or a member, with limited liabilities; or
(ii) subordinating an ownership interest in real property owned by the public transit
district.
(2) (a) A public transit district may only assist in the development of areas under
Subsection (1)(p) that have been approved by the board of trustees, and in the manners
described in Subsection (1)(p).
(b) A public transit district may not invest in a transit-oriented development or
transit-supportive development as a limited partner or other limited liability entity under the
provisions of Subsection (1)(p)(i), unless the partners, developer, or other investor in the entity,
makes an equity contribution equal to no less than 25% of the appraised value of the property
to be contributed by the public transit district.
(c) (i) For transit-oriented development projects, a public transit district shall adopt
transit-oriented development policies and guidelines that include provisions on affordable
housing.
(ii) For transit-supportive development projects, a public transit district shall work with
the metropolitan planning organization and city and county governments where the project is
located to collaboratively seek to create joint plans for the areas within one-half mile of transit
stations, including plans for affordable housing.
(d) A current board member of a public transit district to which the board member is
appointed may not have any interest in the transactions engaged in by the public transit district
pursuant to Subsection (1)(p)(i) or (ii), except as may be required by the board member's
fiduciary duty as a board member.
(3) For any transit-oriented development or transit-supportive development authorized
in this section, the public transit district shall:
(a) perform a cost-benefit analysis of the monetary investment and expenditures of the
development, including effect on:
(i) service and ridership;
(ii) regional plans made by the metropolitan planning agency;
(iii) the local economy;
(iv) the environment and air quality;
(v) affordable housing; and
(vi) integration with other modes of transportation; and
(b) provide evidence to the public of a quantifiable positive return on investment,
including improvements to public transit service. 
(4) A public transit district may [
not
] participate in a transit-oriented development 
only
if:
(a) 
for a transit-oriented development involving a municipality:
 (i)
 the relevant municipality [
or county
] has [
not
] developed and adopted a station area
plan; and
[
(b) (i) for a transit-oriented development involving a municipality,
]
(ii)
 the municipality is [
not
] in compliance with Sections 
10-9a-403
 and 
10-9a-408
regarding the inclusion of moderate income housing in the general plan and the required
reporting requirements; or
[
(ii)
] 
(b)
 for a transit-oriented development involving property in an unincorporated
area of a county, the county is [
not
] in compliance with Sections 
17-27a-403
 and 
17-27a-408
regarding inclusion of moderate income housing in the general plan and required reporting
requirements.
(5) A public transit district may be funded from any combination of federal, state,
local, or private funds.
(6) A public transit district may not acquire property by eminent domain.
Section 18. Section 
20A-7-601
 is amended to read:
20A-7-601.
Referenda -- General signature requirements -- Signature
requirements for land use laws, subjurisdictional laws, and transit area land use laws --
Time requirements.
(1) As used in this section:
(a) "Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(b) "Qualifying county" means a county that has created a small public transit district,
as defined in Section 
17B-2a-802
, on or before January 1, 2022.
(c) "Qualifying transit area" means:
(i) a station area, as defined in Section 
10-9a-403.1
, for which the municipality with
jurisdiction over the station area has satisfied the requirements of Subsection
10-9a-403.1
(2)(a), as demonstrated by the adoption of a station area plan or resolution under
Subsection 
10-9a-403.1
(2); or
(ii) a housing and transit reinvestment zone, as defined in Section 
63N-3-602
, created
within a qualifying county.
[
(b)
] 
(d)
 "Subjurisdiction" means an area comprised of all precincts and subprecincts in
the jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
[
(c)
] 
(e)
 (i) "Subjurisdictional law" means a local law or local obligation law passed by
a local legislative body that imposes a tax or other payment obligation on property in an area
that does not include all precincts and subprecincts under the jurisdiction of the county, city,
town, or metro township.
(ii) "Subjurisdictional law" does not include a land use law.
(f) "Transit area land use law" means a land use law that relates to the use of land
within a qualifying transit area.
[
(d)
] 
(g)
 "Voter participation area" means an area described in Subsection
20A-7-401.3
(1)(a) or (2)(b).
(2) Except as provided in [
Subsection (3) or (4)
] 
Subsections (3) through (5)
, an
eligible voter seeking to have a local law passed by the local legislative body submitted to a
vote of the people shall obtain legal signatures equal to:
(a) for a county of the first class:
(i) 7.75% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
of the county's voter participation areas;
(b) for a metro township with a population of 100,000 or more, or a city of the first
class:
(i) 7.5% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(c) for a county of the second class:
(i) 8% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
the county's voter participation areas;
(d) for a metro township with a population of 65,000 or more but less than 100,000, or
a city of the second class:
(i) 8.25% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(e) for a county of the third class:
(i) 9.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(f) for a metro township with a population of 30,000 or more but less than 65,000, or a
city of the third class:
(i) 10% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(g) for a county of the fourth class:
(i) 11.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(h) for a metro township with a population of 10,000 or more but less than 30,000, or a
city of the fourth class:
(i) 11.5% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(i) for a metro township with a population of 1,000 or more but less than 10,000, a city
of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
township, city, or county; or
(j) for a metro township with a population of less than 1,000, a town, or a county of the
sixth class, 35% of the number of active voters in the metro township, town, or county.
(3) Except as provided in Subsection (4) 
or (5)
, an eligible voter seeking to have a land
use law or local obligation law passed by the local legislative body submitted to a vote of the
people shall obtain legal signatures equal to:
(a) for a county of the first, second, third, or fourth class:
(i) 16% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(b) for a county of the fifth or sixth class:
(i) 16% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(c) for a metro township with a population of 100,000 or more, or a city of the first
class:
(i) 15% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(d) for a metro township with a population of 65,000 or more but less than 100,000, or
a city of the second class:
(i) 16% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(e) for a metro township with a population of 30,000 or more but less than 65,000, or a
city of the third class:
(i) 27.5% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(f) for a metro township with a population of 10,000 or more but less than 30,000, or a
city of the fourth class:
(i) 29% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(g) for a metro township with a population of 1,000 or more but less than 10,000, or a
city of the fifth class, 35% of the number of active voters in the metro township or city; or
(h) for a metro township with a population of less than 1,000 or a town, 40% of the
number of active voters in the metro township or town.
(4) A person seeking to have a subjurisdictional law passed by the local legislative
body submitted to a vote of the people shall obtain legal signatures of the residents in the
subjurisdiction equal to:
(a) 10% of the number of active voters in the subjurisdiction if the number of active
voters exceeds 25,000;
(b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
active voters does not exceed 25,000 but is more than 10,000;
(c) 15% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 10,000 but is more than 2,500;
(d) 20% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 2,500 but is more than 500;
(e) 25% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 500 but is more than 250; and
(f) 30% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 250.
(5) An eligible voter seeking to have a transit area land use law passed by the local
legislative body submitted to a vote of the people shall obtain legal signatures equal to:
(a) for a county:
(i) 20% of the number of active voters in the county; and
(ii) 21% of the number of active voters in at least 75% of the county's voter
participation areas;
(b) for a metro township with a population of 100,000 or more, or a city of the first
class:
(i) 20% of the number of active voters in the metro township or city; and
(ii) 20% of the number of active voters in at least 75% of the metro township's or city's
voter participation areas;
(c) for a metro township with a population of 65,000 or more but less than 100,000, or
a city of the second class:
(i) 20% of the number of active voters in the metro township or city; and
(ii) 21% of the number of active voters in at least 75% of the metro township's or city's
voter participation areas;
(d) for a metro township with a population of 30,000 or more but less than 65,000, or a
city of the third class:
(i) 34% of the number of active voters in the metro township or city; and
(ii) 34% of the number of active voters in at least 75% of the metro township's or city's
voter participation areas;
(e) for a metro township with a population of 10,000 or more but less than 30,000, or a
city of the fourth class:
(i) 36% of the number of active voters in the metro township or city; and
(ii) 36% of the number of active voters in at least 75% of the metro township's or city's
voter participation areas; or
(f) for a metro township with a population less than 10,000, a city of the fifth class, or a
town, 40% of the number of active voters in the metro township, city, or town.
[
(5)
] 
(6)
 Sponsors of any referendum petition challenging, under Subsection (2), (3),
[
or
] (4), 
or (5),
 any local law passed by a local legislative body shall file the application before
5 p.m. within seven days after the day on which the local law was passed.
[
(6)
] 
(7)
 Nothing in this section authorizes a local legislative body to impose a tax or
other payment obligation on a subjurisdiction in order to benefit an area outside of the
subjurisdiction.
Section 19. Section 
20A-7-602.8
 is amended to read:
20A-7-602.8.
Referability to voters of local land use law -- Limitations on
referability to voters of transit area land use law.
(1) Within 20 days after the day on which an eligible voter files an application to
circulate a referendum petition under Section 
20A-7-602
 for a land use law, counsel for the
county, city, town, or metro township to which the referendum pertains shall:
(a) review the application to determine whether the proposed referendum is legally
referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) 
(a)
 [
For a land use law, a
] 
Subject to Subsection (2)(b), for a land use law, a
proposed referendum is legally referable to voters unless:
[
(a)
] 
(i)
 the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
[
(b)
] 
(ii)
 the proposed referendum challenges a land use decision, rather than a land use
regulation, as those terms are defined in Section 
10-9a-103
 or 
17-27a-103
;
[
(c)
] 
(iii)
 the proposed referendum challenges more than one law passed by the local
legislative body; or
[
(d)
] 
(iv)
 the application for the proposed referendum was not timely filed or does not
comply with the requirements of this part.
(b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
legally referable to voters for a transit area land use law, as defined in Section 
20A-7-601
, if
the transit area land use law was passed by a two-thirds vote of the local legislative body.
(3) After the end of the 20-day period described in Subsection (1), a county, city, town,
or metro township may not, for a land use law:
(a) reject a proposed referendum as not legally referable to voters; or
(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
proposed referendum on the grounds that the proposed referendum is not legally referable to
voters.
(4) (a) If a county, city, town, or metro township rejects a proposed referendum
concerning a land use law, a sponsor of the proposed referendum may, within seven days after
the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
to:
(i) the Supreme Court, by means of an extraordinary writ, if possible; or
(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
under Subsection (4)(a)(i).
(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
(4)(a) terminates the referendum.
(5) If, on challenge or appeal, the court determines that the proposed referendum is
legally referable to voters, the local clerk shall comply with Subsection 
20A-7-604
(2) within
five days after the day on which the determination, and any challenge or appeal of the
determination, is final.
Section 20. Section 
35A-8-101
 is amended to read:
35A-8-101.
Definitions.
As used in this chapter:
(1) "Accessible housing" means housing which has been constructed or modified to be
accessible, as described in the State Construction Code or an approved code under Title 15A,
State Construction and Fire Codes Act.
(2) "Director" means the director of the division.
(3) "Division" means the Housing and Community Development Division.
(4) "Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(5) "Moderate income housing unit" means a housing unit that qualifies as moderate
income housing.
Section 21. Section 
35A-8-503
 is amended to read:
35A-8-503.
Housing loan fund board -- Duties -- Expenses.
(1) There is created the Olene Walker Housing Loan Fund Board.
(2) The board is composed of [
] 
 voting members.
(a) The governor shall appoint the following members to four-year terms:
(i) two members from local governments[
;
]
, of which:
(A) one member shall be a locally elected official who resides in a county of the first or
second class; and
(B) one member shall be a locally elected official who resides in a county of the third,
fourth, fifth, or sixth class;
(ii) two members from the mortgage lending community[
;
]
, of which:
(A) one member shall have expertise in single-family mortgage lending; and
(B) one member shall have expertise in multi-family mortgage lending;
(iii) one member from real estate sales interests;
(iv) [
one member
] 
two members
 from home builders interests[
;
]
, of which:
(A) one member shall have expertise in single-family residential construction; and
(B) one member shall have expertise in multi-family residential construction;
(v) one member from rental housing interests;
(vi) [
one member
] 
two members
 from housing advocacy interests[
;
]
, of which:
(A) one member who resides within any area in a county of the first or second class;
and
(B) one member who resides within any area in a county of the third, fourth, fifth, or
sixth class;
(vii) one member of the manufactured housing interest;
(viii) one member with expertise in transit-oriented developments; and
(ix) one member who represents rural interests.
(b) The director or the director's designee serves as the secretary of the board.
(c) The members of the board shall annually elect a chair from among the voting
membership of the board.
(3) (a) Notwithstanding the requirements of Subsection (2), the governor 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 is appointed every two
years.
(b) When a vacancy occurs in the membership for any reason, the replacement is
appointed for the unexpired term.
(4) (a) The board shall:
(i) meet regularly, at least quarterly to conduct business of the board, on dates fixed by
the board;
(ii) meet twice per year, with at least one of the meetings in a rural area of the state, to
provide information to and receive input from the public regarding the state's housing policies
and needs;
(iii) keep minutes of its meetings; and
(iv) comply with the procedures and requirements of Title 52, Chapter 4, Open and
Public Meetings Act.
(b) [
Six
] 
Seven
 members of the board constitute a quorum, and the governor, the chair,
or a majority of the board may call a meeting of the board.
(5) The board shall:
(a) review the housing needs in the state;
(b) determine the relevant operational aspects of any grant, loan, or revenue collection
program established under the authority of this chapter;
(c) determine the means to implement the policies and goals of this chapter;
(d) select specific projects to receive grant or loan money; and
(e) determine how fund money shall be allocated and distributed.
(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 pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 22. Section 
35A-8-504
 is amended to read:
35A-8-504.
Distribution of fund money.
(1) As used in this section:
(a) "Community" means the same as that term is defined in Section 
17C-1-102
.
(b) "Income targeted housing" means the same as that term is defined in Section
17C-1-102
.
[
(1)
] 
(2)
 The executive director shall:
(a) make grants and loans from the fund for any of the activities authorized by Section
35A-8-505
, as directed by the board;
(b) establish the criteria with the approval of the board by which loans and grants will
be made; and
(c) determine with the approval of the board the order in which projects will be funded.
[
(2)
] 
(3)
 The executive director shall distribute, as directed by the board, any federal
money contained in the fund according to the procedures, conditions, and restrictions placed
upon the use of the money by the federal government.
[
(3) (a)
] 
(4)
 The executive director shall distribute, as directed by the board, any funds
received under Section 
17C-1-412
 to pay the costs of providing income targeted housing within
the community that created the community reinvestment agency under Title 17C, Limited
Purpose Local Government Entities - Community Reinvestment Agency Act.
[
(b) As used in Subsection (3)(a):
]
[
(i) "Community" means the same as that term is defined in Section 
17C-1-102
.
]
[
(ii) "Income targeted housing" means the same as that term is defined in Section
17C-1-102
.
]
[
(4)
] 
(5)
 Except for federal money, money received under Section 
17C-1-412
, and
money appropriated for use in accordance with Section 
35A-8-2105
, the executive director
shall distribute, as directed by the board, money in the fund according to the following
requirements:
[
(a) the executive director shall distribute at least 30% of the money in the fund to rural
areas of the state;
]
[
(b)
] 
(a)
 the executive director shall distribute at least 70% of the money in the fund to
benefit persons whose annual income is at or below 50% of the median family income for the
state;
[
(c)
] 
(b)
 the executive director may [
not use more than
] 
use up to
 3% of the revenues of
the fund
, including any appropriation to the fund,
 to offset department or board administrative
expenses;
[
(d)
] 
(c)
 the executive director shall distribute any remaining money in the fund to
benefit persons whose annual income is at or below 80% of the median family income for the
state; and
[
(e)
] 
(d)
 if the executive director or the executive director's designee makes a loan in
accordance with this section, the interest rate of the loan shall be based on the borrower's
ability to pay.
[
(5)
] 
(6)
 The executive director may, with the approval of the board:
(a) enact rules to establish procedures for the grant and loan process by following the
procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
and
(b) service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the
servicing of loans made by the fund.
Section 23. Section 
35A-8-507.5
 is amended 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.
]
(1) The executive director may, under the direction of the board, award one or more
predevelopment grants to a nonprofit or for-profit entity:
(a) in preparation for a project that:
(i) involves the construction of moderate income housing units; and
(ii) is located within:
(A) a city of the fifth or sixth class, or a town, in a rural area of the state; or
(B) any municipality or unincorporated area in a county of the fourth, fifth, or sixth
class; and
(b) in an amount of no more than $50,000 per project.
(2) The executive director 
shall,
 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
] 
The recipient of a
 predevelopment grant:
(a) may [
be used by a recipient for offsetting
] 
use grant funds to offset
 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
] 
use grant funds to pay
 for staff salaries [
of a grant
recipient
] or construction costs.
(4) The executive director 
shall,
 under the direction of the board [
shall
]
,
 prioritize the
awarding of a predevelopment grant for a project [
in
] 
that is located within:
(a)
 a county of the fifth or sixth class [
and where the municipality or unincorporated
]
;
and
 (b) an
 area 
that
 has underdeveloped infrastructure
,
 as demonstrated by at least two of
the following:
[
(a)
] 
(i)
 limited or no availability of natural gas;
[
(b)
] 
(ii)
 limited or no availability of a sewer system;
[
(c)
] 
(iii)
 limited or no availability of broadband Internet;
[
(d)
] 
(iv)
 unpaved residential streets; or
[
(e)
] 
(v)
 limited local construction professionals, vendors, or services.
Section 24. Section 
35A-8-508
 is amended to read:
35A-8-508.
Annual accounting.
(1) The executive director shall monitor the activities of recipients of grants and loans
issued under this part on a yearly basis to ensure compliance with the terms and conditions
imposed on the recipient by the executive director with the approval of the board or by this
part.
(2) [
An
] 
Beginning July 1, 2021, an
 entity that receives [
a grant or loan
] 
any money
from the fund
 under this part shall provide the executive director with an annual accounting of
how the money the entity received from the fund has been spent.
(3) The executive director shall make an annual report to the board accounting for the
expenditures authorized by the board.
(4) The board shall submit a report to the department for inclusion in the annual
written report described in Section 
35A-1-109
:
(a) accounting for expenditures authorized by the board; and
(b) evaluating the effectiveness of the program.
Section 25. Section 
35A-8-509
 is amended to read:
35A-8-509.
Economic Revitalization and Investment Fund.
(1) There is created an enterprise fund known as the "Economic Revitalization and
Investment Fund."
(2) The Economic Revitalization and Investment Fund consists of money from the
following:
(a) money appropriated to the account by the Legislature;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) money returned to the department under [
Section 
35A-8-512
] 
Subsection
35A-8-512
(3)(a)
.
(3) The Economic Revitalization and Investment Fund shall earn interest, which shall
be deposited into the Economic Revitalization and Investment Fund.
(4) The executive director may distribute money from the Economic Revitalization and
Investment Fund to one or more projects that:
(a) include affordable housing units for households[
: (i)
] whose income is no more
than 30% of the area median income for households of the same size in the county or
municipality where the project is located; and
[
(ii) at rental rates no greater than the rates described in Subsection 
35A-8-511
(2)(b);
and
]
(b) have been approved by the board in accordance with Section 
35A-8-510
.
(5) (a) A housing sponsor may apply to the department to receive a distribution in
accordance with Subsection (4).
(b) The application shall include:
(i) the location of the project;
(ii) the number, size, and tenant income requirements of affordable housing units
described in Subsection (4)(a) that will be included in the project; and
(iii) a written commitment to enter into a deed restriction that reserves for a period of
30 years the affordable housing units described in Subsection (5)(b)(ii) or their equivalent for
occupancy by households that meet the income requirements described in Subsection (5)(b)(ii).
(c) The commitment in Subsection (5)(b)(iii) shall be considered met if a housing unit
is:
(i) (A) occupied or reserved for occupancy by a household whose income is no more
than 30% of the area median income for households of the same size in the county or
municipality where the project is located; or
(B) occupied by a household whose income is no more than 60% of the area median
income for households of the same size in the county or municipality where the project is
located if that household met the income requirement described in Subsection (4)(a) when the
household originally entered into the lease agreement for the housing unit; and
(ii) rented at a rate no greater than the rate described in Subsection 
35A-8-511
(2)(b).
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make additional rules providing procedures for a person to apply to the
department to receive a distribution described in Subsection (4).
(6) The executive director may expend up to 3% of the revenues of the Economic
Revitalization and Investment Fund, including any appropriation to the Economic
Revitalization and Investment Fund, to offset department or board administrative expenses.
Section 26. Section 
35A-8-509.5
 is enacted to read:
 35A-8-509.5.
Rural Housing Fund.
(1) There is created an enterprise fund known as the "Rural Housing Fund."
(2) The Rural Housing Fund consists of money from the following:
(a) money appropriated to the account by the Legislature;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) money returned to the department under Subsection 
35A-8-512
(3)(b).
(3) The Rural Housing Fund shall earn interest, which shall be deposited into the Rural
Housing Fund.
(4) Subject to appropriation, the executive director may expend funds in the Rural
Housing Fund to provide loans for projects that:
(a) are located within:
(i) a county of the third, fourth, fifth, or sixth class; or
(ii) a municipality in a county of the second class with a population of 10,000 or less;
(b) include moderate income housing units; and
(c) have been approved by the board in accordance with Section 
35A-8-510
.
(5) (a) A housing sponsor may apply to the department to receive a loan under this
section.
(b) An application under Subsection (5)(a) shall specify:
(i) the location of the project;
(ii) the number, size, and income requirements of moderate income housing units that
will be included in the project; and
(iii) a written commitment to enter into a deed restriction that reserves for a period of
years the moderate income housing units described in Subsection (5)(b)(ii).
(c) A commitment under Subsection (5)(b)(iii) shall be considered satisfied if a
housing unit is occupied by a household that met the income requirement for moderate income
housing when the household originally entered into the lease agreement for the housing unit.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules establishing procedures and requirements for housing sponsors to
apply for and receive loans under this section.
(6) The executive director may expend up to 3% of the revenues of the Rural Housing
Fund, including any appropriation to the Rural Housing Fund, to offset department or board
administrative expenses.
Section 27. Section 
35A-8-510
 is amended to read:
35A-8-510.
Housing loan fund board approval.
(1) The board shall review the project applications described in [
Subsection
]
Subsections
35A-8-509
(5) 
and 
35A-8-509.5
(5)
.
(2) 
(a)
 The board may approve a project that meets the requirements of Subsections
35A-8-509
(4) and (5) to receive funds from the Economic Revitalization and Investment Fund.
(b) The board may approve a project that meets the requirements of Subsections
35A-8-509.5
(4) and (5) to receive funds from the Rural Housing Fund.
(3) The board shall give preference to projects:
(a) that include significant additional or matching funds from an individual, private
organization, or local government entity;
(b) that include significant contributions by the applicant to total project costs,
including contributions secured by the applicant from other sources such as professional, craft,
and trade services and lender interest rate subsidies;
(c) with significant local government contributions in the form of infrastructure,
improvements, or other assistance;
(d) where the applicant has demonstrated the ability, stability, and resources to
complete the project;
(e) that will serve the greatest need;
(f) that promote economic development benefits;
(g) that allow integration into a local government housing plan;
(h) that would mitigate or correct existing health, safety, or welfare concerns; or
(i) that remedy a gap in the supply of and demand for affordable housing.
Section 28. Section 
35A-8-511
 is amended to read:
35A-8-511.
Activities authorized to receive account money.
[
(1)
] The executive director may distribute funds from the Economic Revitalization
and Investment Fund 
and the Rural Housing Fund
 for any of the following activities
undertaken as part of an approved project:
[
(a)
] 
(1)
 the acquisition, rehabilitation, or new construction of a building that includes
[
affordable
] 
moderate income
 housing units;
[
(b)
] 
(2)
 the purchase of land for the construction of a building that will include
[
affordable
] 
moderate income
 housing units; or
[
(c)
] 
(3)
 pre-development work, including planning, studies, design, and site work for a
building that will include [
affordable
] 
moderate income
 housing units.
[
(2) The maximum amount of money that may be distributed from the Economic
Revitalization and Investment Fund for each affordable housing unit that has been committed
in accordance with Subsection 
35A-8-509
(5)(b)(iii) is the present value, based on the current
market interest rate as determined by the board for a multi-family mortgage loan in the county
or metropolitan area where the project is located, of 360 monthly payments equal to the
difference between:
]
[
(a) the most recent United States Department of Housing and Urban Development fair
market rent for a unit of the same size in the county or metropolitan area where the project is
located; and
]
[
(b) an affordable rent equal to 30% of the income requirement described in Subsection
35A-8-509
(5)(b)(ii) for a household of:
]
[
(i) one person if the unit is an efficiency unit;
]
[
(ii) two people if the unit is a one-bedroom unit;
]
[
(iii) four people if the unit is a two-bedroom unit;
]
[
(iv) five people if the unit is a three-bedroom unit;
]
[
(v) six people if the unit is a four-bedroom unit; or
]
[
(vi) eight people if the unit is a five-bedroom or larger unit.
]
Section 29. Section 
35A-8-512
 is amended to read:
35A-8-512.
Repayment of funds.
(1) Upon the earlier of 30 years from the date an approved project is placed in service
or the sale or transfer of the affordable housing units acquired, constructed, or rehabilitated as
part of an approved project funded under [
Section 
35A-8-511
] 
Subsection 
35A-8-511
(1)
, the
housing sponsor shall remit to the department:
(a) the total amount of money distributed by the department to the housing sponsor for
the project; and
(b) an additional amount of money determined by contract with the department prior to
the initial disbursement of money [
from the Economic Revitalization and Investment Fund
].
(2) Any claim arising under Subsection (1) is a lien against the real property funded
under this chapter.
(3) 
(a)
 Any money returned to the department under Subsection (1) 
from a housing
sponsor that received funds from the Economic Revitalization and Investment Fund
 shall be
deposited in the Economic Revitalization and Investment Fund.
(b) Any money returned to the department under Subsection (1) from a housing
sponsor that received funds from the Rural Housing Fund shall be deposited in the Rural
Housing Fund.
Section 30. Section 
35A-8-513
 is amended to read:
35A-8-513.
Annual accounting.
(1) The executive director shall monitor the activities of recipients of funds from the
Economic Revitalization and Investment Fund 
and the Rural Housing Fund
 on a yearly basis to
ensure compliance with the terms and conditions imposed on the recipient by the executive
director with the approval of the board.
(2) 
(a)
 A housing sponsor that receives funds from the Economic Revitalization and
Investment Fund shall provide the executive director with an annual accounting of how the
money the entity received from the Economic Revitalization and Investment Fund has been
spent and evidence that the commitment described in Subsection 
35A-8-509
(5) has been met.
(b) A housing sponsor that receives funds from the Rural Housing Fund shall provide
the executive director with an annual accounting of how the money the entity received from the
Rural Housing Fund has been spent and evidence that the commitment described in Subsection
35A-8-509.5
(5) has been met.
(3) The executive director shall make an annual report to the board accounting for the
expenditures authorized by the board 
under the Economic Revitalization and Investment Fund
and the Rural Housing Fund
.
(4) The board shall submit a report to the department for inclusion in the annual
written report described in Section 
35A-1-109
 that includes:
(a) an accounting for expenditures authorized by the board; and
(b) an evaluation of the effectiveness of [
the
] 
each
 program.
Section 31. Section 
35A-8-803
 is amended to read:
35A-8-803.
Division -- Functions.
(1) In addition to any other functions the governor or Legislature may assign:
(a) the division shall:
(i) provide a clearinghouse of information for federal, state, and local housing
assistance programs;
(ii) establish, in cooperation with political subdivisions, model plans and management
methods to encourage or provide for the development of affordable housing that may be
adopted by political subdivisions by reference;
(iii) undertake, in cooperation with political subdivisions, a realistic assessment of
problems relating to housing needs, such as:
(A) inadequate supply of dwellings;
(B) substandard dwellings; and
(C) inability of medium and low income families to obtain adequate housing;
(iv) provide the information obtained under Subsection (1)(a)(iii) to:
(A) political subdivisions;
(B) real estate developers;
(C) builders;
(D) lending institutions;
(E) affordable housing advocates; and
(F) others having use for the information;
(v) advise political subdivisions of serious housing problems existing within their
jurisdiction that require concerted public action for solution;
(vi) assist political subdivisions in defining housing objectives and in preparing for
adoption a plan of action covering a five-year period designed to accomplish housing
objectives within their jurisdiction; [
and
]
(vii) for municipalities or counties required to submit an annual moderate income
housing report to the department as described in Section 
10-9a-408
 or 
17-27a-408
:
(A) assist in the creation of the reports; and
[
(B) evaluate the reports for the purposes of Subsections 
72-2-124
(5) and (6); and
]
(B) review the reports to meet the requirements of Sections 
10-9a-408
 and 
17-27a-408
;
(viii) establish and maintain a database of moderate income housing units located
within the state; and
(ix) on or before December 1, 2022, develop and submit to the Commission on
Housing Affordability a methodology for determining whether a municipality or county is
taking sufficient measures to protect and promote moderate income housing in accordance with
the provisions of Sections 
10-9a-403
 and 
17-27a-403
; and
(b) within legislative appropriations, the division may accept for and on behalf of, and
bind the state to, any federal housing or homeless program in which the state is invited,
permitted, or authorized to participate in the distribution, disbursement, or administration of
any funds or service advanced, offered, or contributed in whole or in part by the federal
government.
(2) The administration of any federal housing program in which the state is invited,
permitted, or authorized to participate in distribution, disbursement, or administration of funds
or services, except those administered by the Utah Housing Corporation, is governed by
Sections 
35A-8-501
 through 
35A-8-508
.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules describing the [
evaluation
] 
review
 process for moderate income
housing reports described in Subsection (1)(a)(vii).
Section 32. Section 
35A-8-2105
 is amended to read:
35A-8-2105.
Allocation of volume cap.
(1) (a) Subject to Subsection (1)(b), the volume cap for each year shall be distributed
by the board of review to the allotment accounts as described in Section 
35A-8-2106
.
(b) The board of review may distribute up to 50% of each increase in the volume cap
for use in development that occurs in quality growth areas, depending upon the board's analysis
of the relative need for additional volume cap between development in quality growth areas
and the allotment accounts under Section 
35A-8-2106
.
(2) To obtain an allocation of the volume cap, issuing authorities shall submit to the
board of review an application containing information required by the procedures and
processes of the board of review.
(3) (a) The board of review shall establish criteria for making allocations of volume
cap that are consistent with the purposes of the code and this part.
(b) In making an allocation of volume cap the board of review shall consider the
following:
(i) the principal amount of the bonds proposed to be issued;
(ii) the nature and the location of the project or the type of program;
(iii) the likelihood that the bonds will be sold and the timeframe of bond issuance;
(iv) whether the project or program could obtain adequate financing without an
allocation of volume cap;
(v) the degree to which an allocation of volume cap is required for the project or
program to proceed or continue;
(vi) the social, health, economic, and educational effects of the project or program on
the local community and state as a whole;
(vii) the anticipated economic development created or retained within the local
community and the state as a whole;
(viii) the anticipated number of jobs, both temporary and permanent, created or
retained within the local community and the state as a whole;
(ix) if the project is a residential rental project, the degree to which the residential
rental project:
(A) targets lower income populations; and
(B) is accessible housing; and
(x) whether the project meets the principles of quality growth recommended by the
Quality Growth Commission created in Section 
11-38-201
.
(4) The board of review shall provide evidence of an allocation of volume cap by
issuing a certificate in accordance with Section 
35A-8-2107
.
(5) (a) [
From
] 
Subject to Subsection (5)(c), from
 January 1 to June 30 of each year, the
board of review shall set aside at least 50% of the Small Issue Bond Account that may only be
allocated to manufacturing projects.
(b) [
From
] 
Subject to Subsection (5)(c), from
 July 1 to August 15 of each year, the
board of review shall set aside at least 50% of the Pool Account that may only be allocated to
manufacturing projects.
(c) The board of review is not required to set aside any unused volume cap under
Subsection 
35A-8-2106
(2)(c) to satisfy the requirements of Subsection (5)(a) or (b).
Section 33. Section 
35A-8-2106
 is amended to read:
35A-8-2106.
Allotment accounts.
(1) There are created the following allotment accounts:
(a) the Single Family Housing Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue qualified mortgage bonds under Section 143
of the code;
(b) the Student Loan Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue qualified student loan bonds under Section
144(b) of the code;
(c) the Small Issue Bond Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue:
(i) qualified small issue bonds under Section 144(a) of the code;
(ii) qualified exempt facility bonds for qualified residential rental projects under
Section 142(d) of the code; or
(iii) qualified redevelopment bonds under Section 144(c) of the code;
(d) the Exempt Facilities Account, for which eligible issuing authorities are those
authorized under the code and state statute to issue any bonds requiring an allocation of volume
cap other than for purposes described in [
Subsections
] 
Subsection
 (1)(a), (b), or (c);
(e) the Pool Account, for which eligible issuing authorities are those authorized under
the code and state statute to issue any bonds requiring an allocation of volume cap; and
(f) the Carryforward Account, for which eligible issuing authorities are those with
projects or programs qualifying under Section 146(f) of the code.
(2) (a) The volume cap shall be distributed to the allotment accounts on January 1 of
each year on the following basis:
(i) 42% to the Single Family Housing Account;
(ii) 33% to the Student Loan Account;
(iii) 1% to the Exempt Facilities Account; and
(iv) 24% to the Small Issue Bond Account.
(b) From July 1 to September 30 of each year, the board of review may transfer any
unallocated volume cap from the Exempt Facilities Account or the Small Issue Bond Account
to the Pool Account.
(c) Upon written notification by the issuing authorities eligible for volume cap
allocation from the Single Family Housing Account or the Student Loan Account that all or a
portion of volume cap distributed into that allotment account will not be used, the board of
review may transfer the unused volume cap [
between the Single Family Housing Account and
the Student Loan Account
] 
to any other allotment account
.
(d) From October 1 to the third Friday of December of each year, the board of review
shall transfer all unallocated volume cap into the Pool Account.
(e) On the third Saturday of December of each year, the board of review shall transfer
uncollected volume cap, or allocated volume cap for which bonds have not been issued prior to
the third Saturday of December, into the Carryforward Account.
(f) If the authority to issue bonds designated in any allotment account is rescinded by
amendment to the code, the board of review may transfer any unallocated volume cap from that
allotment account to any other allotment account.
Section 34. Section 
35A-8-2203
 is amended to read:
35A-8-2203.
Duties of the commission.
(1) The commission's duties include:
(a) increasing public and government awareness and understanding of the housing
affordability needs of the state and how those needs may be most effectively and efficiently
met, through empirical study and investigation;
(b) identifying and recommending implementation of specific strategies, policies,
procedures, and programs to address the housing affordability needs of the state;
(c) facilitating the communication and coordination of public and private entities that
are involved in developing, financing, providing, advocating for, and administering affordable
housing in the state;
(d) studying, evaluating, and reporting on the status and effectiveness of policies,
procedures, and programs that address housing affordability in the state;
(e) studying and evaluating the policies, procedures, and programs implemented by
other states that address housing affordability;
(f) providing a forum for public comment on issues related to housing affordability;
[
and
]
(g) providing recommendations to the governor and Legislature on strategies, policies,
procedures, and programs to address the housing affordability needs of the state[
.
]
; and
(h) on or before December 31, 2022, approving the methodology developed by the
division under Subsection 
35A-8-803
(1)(a)(ix).
(2) To accomplish its duties, the commission may:
(a) request and receive from a state or local government agency or institution summary
information relating to housing affordability, including:
(i) reports;
(ii) audits;
(iii) projections; and
(iv) statistics; and
(b) appoint one or more advisory groups to advise and assist the commission.
(3) (a) A member of an advisory group described in Subsection (2)(b):
(i) shall be appointed by the commission;
(ii) may be:
(A) a member of the commission; or
(B) an individual from the private or public sector; and
(iii) notwithstanding Section 
35A-8-2202
, may not receive reimbursement or pay for
any work done in relation to the advisory group.
(b) An advisory group described in Subsection (2)(b) shall report to the commission on
the progress of the advisory group.
Section 35. Section 
63J-4-802
 is amended to read:
63J-4-802.
Creation of COVID-19 Local Assistance Matching Grant Program --
Eligibility -- Duties of the office.
(1) There is established a grant program known as COVID-19 Local Assistance
Matching Grant Program that is administered by the office.
(2) The office shall award financial grants to local governments that meet the
qualifications described in Subsection (3) to provide support for:
(a) projects or services that address the economic impacts of the COVID-19 emergency
on housing insecurity, lack of affordable housing, or homelessness;
(b) costs incurred in addressing public health challenges resulting from the COVID-19
emergency;
(c) necessary investments in water and sewer infrastructure; or
(d) any other purpose authorized under the American Rescue Plan Act.
(3) To be eligible for a grant under this part, a local government shall:
(a) provide matching funds in an amount determined by the office; and
(b) certify that the local government will spend grant funds:
(i) on a purpose described in Subsection (2);
(ii) within the time period determined by the office; and
(iii) in accordance with the American Rescue Plan Act.
(4) As soon as is practicable, but on or before September 15, 2021, the office shall,
with recommendations from the review committee, establish:
(a) procedures for applying for and awarding grants under this part, using an online
grants management system that:
(i) manages each grant throughout the duration of the grant;
(ii) allows for:
(A) online submission of grant applications; and
(B) auditing and reporting for a local government that receives grant funds; and
(iii) generates reports containing information about each grant;
(b) criteria for awarding grants; and
(c) reporting requirements for grant recipients.
(5) Subject to appropriation, the office shall award grant funds on a competitive basis
until December 31, 2024.
(6) If the office receives a notice of prioritization for a municipality as described in
Subsection 
10-9a-408
(5), or a notice of prioritization for a county as described in Subsection
17-27a-408
(5), the office may prioritize the awarding of a financial grant under this section to
the municipality or county during the fiscal year specified in the notice.
(7) If the office receives a notice of ineligibility for a municipality as described in
Subsection 
10-9a-408
(7), or a notice of ineligibility for a county as described in Subsection
17-27a-408
(7), the office may not award a financial grant under this section to the municipality
or county during the fiscal year specified in the notice.
[
(6)
] 
(8)
 Before November 30 of each year, ending November 30, 2025, the office shall
submit a report to the Executive Appropriations Committee that includes:
(a) a summary of the procedures, criteria, and requirements established under
Subsection (4);
(b) a summary of the recommendations of the review committee under Section
63J-4-803
;
(c) the number of applications submitted under the grant program during the previous
year;
(d) the number of grants awarded under the grant program during the previous year;
(e) the aggregate amount of grant funds awarded under the grant program during the
previous year; and
(f) any other information the office considers relevant to evaluating the success of the
grant program.
[
(7)
] 
(9)
 The office may use funds appropriated by the Legislature for the grant
program to pay for administrative costs.
Section 36. Section 
63L-12-101
 is enacted to read:
CHAPTER 12. GRANTING OF REAL PROPERTY FOR MODERATE INCOME
HOUSING
 63L-12-101.
Definitions.
As used in this chapter:
(1) "Governmental entity" means:
(a) an agency, as that term is defined in Section 
63G-10-102
;
(b) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(c) the School and Institutional Trust Lands Board of Trustees created in Section
53C-1-202
; or
(d) a political subdivision, as that term is defined in Section 
63L-11-102
.
(2) "Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(3) "Municipality" means the same as that term is defined in Section 
10-1-104
.
Section 37. Section 
63L-12-102
, which is renumbered from Section 10-8-501 is
renumbered and amended to read:
[
10-8-501
].
 63L-12-102.
Grant of real property for moderate income 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)
] 
(1)
 Subject to the requirements of this section, [
and for a municipality, Subsection
10-8-2
(4), a political subdivision
] 
a governmental entity
 may grant real property owned by the
[
political subdivision
] 
governmental entity
 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
] 
moderate income
housing on the real property
.
[
(3) A political subdivision
]
(2) A governmental entity
 shall ensure that real property granted [
as described in
]
under
 Subsection [
(2)
] 
(1)
 is deed restricted for [
affordable
] 
moderate income
 housing for at
least 30 years after the day on which each [
affordable
] 
moderate income
 housing unit is
completed and occupied.
[
(4)
] 
(3)
 If applicable, a [
political subdivision
] 
governmental entity
 granting real
property under this section shall comply with
:
(a)
 the provisions of Title 78B, Chapter 6, Part 5, Eminent Domain[
.
]
;
(b) Subsection 
10-8-2
(4), if a municipality is granting real property under this section;
(c) Subsection 
17-50-312
(5), if a county is granting real property under this section;
and
(d) except as provided in Subsection (4), any other applicable provisions of law that
govern the granting of real property by the governmental entity.
[
(5)
] 
(4)
 A municipality granting real property under this section is not subject to the
provisions of Subsection 
10-8-2
(3).
Section 38. Section 
63N-3-113
 is enacted to read:
 63N-3-113.
Financial assistance to entities offering technical assistance to
municipalities in connection with planning.
(1) The administrator may provide money from the Industrial Assistance Account to an
entity offering technical assistance to a municipality in connection with planning for housing,
transportation, and growth.
(2) As part of an application for receiving money under this section, an applicant shall:
(a) describe the activities the entity will undertake to provide technical assistance to a
municipality in connection with planning for housing, transportation, and growth; and
(b) satisfy other criteria the administrator considers appropriate.
(3) Before awarding any money under this section, the administrator shall:
(a) make findings as to whether an applicant has satisfied the requirements of
Subsection (2);
(b) establish benchmarks and timeframes in which progress toward the completion of
the agreed upon activities are 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.
Section 39. Section 
63N-3-603
 is amended to read:
63N-3-603.
Applicability, requirements, and limitations on a housing and transit
reinvestment zone.
(1) A housing and transit reinvestment zone proposal created under this part shall
promote the following objectives:
(a) higher utilization of public transit;
(b) increasing availability of housing, including affordable housing;
(c) conservation of water resources through efficient land use;
(d) improving air quality by reducing fuel consumption and motor vehicle trips;
(e) encouraging transformative mixed-use development and investment in
transportation and public transit infrastructure in strategic areas;
(f) strategic land use and municipal planning in major transit investment corridors as
described in Subsection 
10-9a-403
(2); and
(g) increasing access to employment and educational opportunities.
(2) In order to accomplish the objectives described in Subsection (1), a municipality or
public transit county that initiates the process to create a housing and transit reinvestment zone
as described in this part shall ensure that the proposal for a housing and transit reinvestment
zone includes:
(a) except as provided in Subsection (3), at least 10% of the proposed housing units
within the housing and transit reinvestment zone are affordable housing units;
(b) a dedication of at least 51% of the developable area within the housing and transit
reinvestment zone to residential development with an average of 50 multi-family dwelling
units per acre or greater; and
(c) mixed-use development.
(3) A municipality or public transit county that, at the time the housing and transit
reinvestment zone proposal is approved by the housing and transit reinvestment zone
committee, meets the affordable housing guidelines of the United States Department of
Housing and Urban Development at 60% area median income is exempt from the requirement
described in Subsection (2)(a).
(4) A municipality or public transit county may only propose a housing and transit
reinvestment zone that:
(a) subject to Subsection (5):
(i) (A) for a municipality, does not exceed a 1/3 mile radius of a commuter rail station;
or
(B) for a public transit county, does not exceed a 1/3 mile radius of a public transit
hub; and
(ii) has a total area of no more than 125 noncontiguous square acres;
(b) subject to Section 
63N-3-607
, proposes the capture of a maximum of 80% of each
taxing entity's tax increment above the base year for a term of no more than 25 consecutive
years on each parcel within a 45-year period not to exceed the tax increment amount approved
in the housing and transit reinvestment zone proposal; and
(c) the commencement of collection of tax increment, for all or a portion of the
housing and transit reinvestment zone, will be triggered by providing notice as described in
Subsection (6).
(5) If a parcel is bisected by the 1/3 mile radius, the full parcel may be included as part
of the housing and transit reinvestment zone area and will not count against the limitations
described in Subsection (4)(a).
(6) The notice of commencement of collection of tax increment required in Subsection
(4)(c) shall be sent by mail or electronically to:
(a) the tax commission;
(b) the State Board of Education;
(c) the state auditor;
(d) the auditor of the county in which the housing and transit reinvestment zone is
located;
(e) each taxing entity affected by the collection of tax increment from the housing and
transit reinvestment zone; and
(f) the Governor's Office of Economic Opportunity.
(7) (a) This Subsection (7) applies to a specified county, as defined in Section
17-27a-408
, that has created a small public transit district on or before January 1, 2022.
(b) A county described in Subsection (7)(a) shall, in accordance with Section
63N-3-604
, prepare and submit to the Governor's Office of Economic Opportunity a proposal
to create a housing and transit reinvestment zone on or before December 31, 2022.
Section 40. Section 
72-1-304
 is amended to read:
72-1-304.
Written project prioritization process for new transportation capacity
projects -- Rulemaking.
(1) (a) The Transportation Commission, in consultation with the department and the
metropolitan planning organizations as defined in Section 
72-1-208.5
, shall develop a written
prioritization process for the prioritization of:
(i) new transportation capacity projects that are or will be part of the state highway
system under Chapter 4, Part 1, State Highways;
(ii) paved pedestrian or paved nonmotorized transportation projects that:
(A) mitigate traffic congestion on the state highway system; and
(B) are part of an active transportation plan approved by the department;
(iii) public transit projects that directly add capacity to the public transit systems within
the state, not including facilities ancillary to the public transit system; and
(iv) pedestrian or nonmotorized transportation projects that provide connection to a
public transit system.
(b) (i) A local government or district may nominate a project for prioritization in
accordance with the process established by the commission in rule.
(ii) If a local government or district nominates a project for prioritization by the
commission, the local government or district shall provide data and evidence to show that:
(A) the project will advance the purposes and goals described in Section 
72-1-211
;
(B) for a public transit project, the local government or district has an ongoing funding
source for operations and maintenance of the proposed development; and
(C) the local government or district will provide 40% of the costs for the project as
required by Subsection 
72-2-124
(4)(a)(viii) or 
72-2-124
(9)(e).
(2) The following shall be included in the written prioritization process under
Subsection (1):
(a) a description of how the strategic initiatives of the department adopted under
Section 
72-1-211
 are advanced by the written prioritization process;
(b) a definition of the type of projects to which the written prioritization process
applies;
(c) specification of a weighted criteria system that is used to rank proposed projects
and how it will be used to determine which projects will be prioritized;
(d) specification of the data that is necessary to apply the weighted ranking criteria; and
(e) any other provisions the commission considers appropriate, which may include
consideration of:
(i) regional and statewide economic development impacts, including improved local
access to:
(A) employment;
(B) educational facilities;
(C) recreation;
(D) commerce; and
(E) residential areas, including moderate income housing as demonstrated in the local
government's or district's general plan pursuant to Section 
10-9a-403
 or 
17-27a-403
;
(ii) the extent to which local land use plans relevant to a project support and
accomplish the strategic initiatives adopted under Section 
72-1-211
; and
(iii) any matching funds provided by a political subdivision or public transit district in
addition to the 40% required by Subsections 
72-2-124
(4)(a)(viii) and 
72-2-124
(9)(e).
(3) (a) When prioritizing a public transit project that increases capacity, the
commission:
(i) may give priority consideration to projects that are part of a transit-oriented
development or transit-supportive development as defined in Section 
17B-2a-802
; and
(ii) shall give priority consideration to projects that are within the boundaries of a
housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3, Part 6,
Housing and Transit Reinvestment Zone Act.
(b) When prioritizing a transportation project that increases capacity, the commission
may give priority consideration to projects that are:
(i) part of a transportation reinvestment zone created under Section 
11-13-227
 if:
(A) the state is a participant in the transportation reinvestment zone; or
(B) the commission finds that the transportation reinvestment zone provides a benefit
to the state transportation system; or
(ii) within the boundaries of a housing and transit reinvestment zone created pursuant
to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act.
(c) If the department receives a notice of prioritization for a municipality as described
in Subsection 
10-9a-408
(5), or a notice of prioritization for a county as described in Subsection
17-27a-408
(5), the commission may, during the fiscal year specified in the notice, give priority
consideration to transportation projects that are within the boundaries of the municipality or the
unincorporated areas of the county.
(4) In developing the written prioritization process, the commission:
(a) shall seek and consider public comment by holding public meetings at locations
throughout the state; and
(b) may not consider local matching dollars as provided under Section 
72-2-123
 unless
the state provides an equal opportunity to raise local matching dollars for state highway
improvements within each county.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Transportation Commission, in consultation with the department, shall make rules establishing
the written prioritization process under Subsection (1).
(6) The commission shall submit the proposed rules under this section to a committee
or task force designated by the Legislative Management Committee for review prior to taking
final action on the proposed rules or any proposed amendment to the rules described in
Subsection (5).
Section 41. Section 
72-2-124
 is amended to read:
72-2-124.
Transportation Investment Fund of 2005.
(1) There is created a capital projects fund entitled the Transportation Investment Fund
of 2005.
(2) The fund consists of money generated from the following sources:
(a) any voluntary contributions received for the maintenance, construction,
reconstruction, or renovation of state and federal highways;
(b) appropriations made to the fund by the Legislature;
(c) registration fees designated under Section 
41-1a-1201
;
(d) the sales and use tax revenues deposited into the fund in accordance with Section
59-12-103
; and
(e) revenues transferred to the fund in accordance with Section 
72-2-106
.
(3) (a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4) (a) Except as provided in Subsection (4)(b), the executive director may only use
fund money to pay:
(i) the costs of maintenance, construction, reconstruction, or renovation to state and
federal highways prioritized by the Transportation Commission through the prioritization
process for new transportation capacity projects adopted under Section 
72-1-304
;
(ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
projects described in Subsections 
63B-18-401
(2), (3), and (4);
(iii) principal, interest, and issuance costs of bonds authorized by Section 
63B-18-401
minus the costs paid from the County of the First Class Highway Projects Fund in accordance
with Subsection 
72-2-121
(4)(e);
(iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
Lake County Revenue Bond Sinking Fund created by Section 
72-2-121.3
 the amount certified
by Salt Lake County in accordance with Subsection 
72-2-121.3
(4)(c) as necessary to pay the
debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
(v) principal, interest, and issuance costs of bonds authorized by Section 
63B-16-101
for projects prioritized in accordance with Section 
72-2-125
;
(vi) all highway general obligation bonds that are intended to be paid from revenues in
the Centennial Highway Fund created by Section 
72-2-118
;
(vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
Class Highway Projects Fund created in Section 
72-2-121
 to be used for the purposes described
in Section 
72-2-121
;
(viii) if a political subdivision provides a contribution equal to or greater than 40% of
the costs needed for construction, reconstruction, or renovation of paved pedestrian or paved
nonmotorized transportation for projects that:
(A) mitigate traffic congestion on the state highway system;
(B) are part of an active transportation plan approved by the department; and
(C) are prioritized by the commission through the prioritization process for new
transportation capacity projects adopted under Section 
72-1-304
;
(ix) $705,000,000 for the costs of right-of-way acquisition, construction,
reconstruction, or renovation of or improvement to the following projects:
(A) the connector road between Main Street and 1600 North in the city of Vineyard;
(B) Geneva Road from University Parkway to 1800 South;
(C) the SR-97 interchange at 5600 South on I-15;
(D) two lanes on U-111 from Herriman Parkway to 11800 South;
(E) widening I-15 between mileposts 10 and 13 and the interchange at milepost 11;
(F) improvements to 1600 North in Orem from 1200 West to State Street;
(G) widening I-15 between mileposts 6 and 8;
(H) widening 1600 South from Main Street in the city of Spanish Fork to SR-51;
(I) widening US 6 from Sheep Creek to Mill Fork between mileposts 195 and 197 in
Spanish Fork Canyon;
(J) I-15 northbound between mileposts 43 and 56;
(K) a passing lane on SR-132 between mileposts 41.1 and 43.7 between mileposts 43
and 45.1;
(L) east Zion SR-9 improvements;
(M) Toquerville Parkway;
(N) an environmental study on Foothill Boulevard in the city of Saratoga Springs;
(O) for construction of an interchange on Bangerter Highway at 13400 South; and
(P) an environmental impact study for Kimball Junction in Summit County; and
(x) $28,000,000 as pass-through funds, to be distributed as necessary to pay project
costs based upon a statement of cash flow that the local jurisdiction where the project is located
provides to the department demonstrating the need for money for the project, for the following
projects in the following amounts:
(A) $5,000,000 for Payson Main Street repair and replacement;
(B) $8,000,000 for a Bluffdale 14600 South railroad bypass;
(C) $5,000,000 for improvements to 4700 South in Taylorsville; and
(D) $10,000,000 for improvements to the west side frontage roads adjacent to U.S. 40
between mile markers 7 and 10.
(b) The executive director may use fund money to exchange for an equal or greater
amount of federal transportation funds to be used as provided in Subsection (4)(a).
(5) (a) Except as provided in Subsection (5)(b), 
if the department receives a notice of
ineligibility for a municipality as described in Subsection 
10-9a-408
(7),
 the executive director
may not program fund money to a project prioritized by the commission under Section
72-1-304
, including fund money from the Transit Transportation Investment Fund, within the
boundaries of [
a municipality that is required to adopt a moderate income housing plan element
as part of the municipality's general plan as described in Subsection 
10-9a-401
(3), if the
municipality has failed to adopt a moderate income housing plan element as part of the
municipality's general plan or has failed to implement the requirements of the moderate income
housing plan as determined by the results of the Department of Workforce Service's review of
the annual moderate income housing report described in Subsection 
35A-8-803
(1)(a)(vii)
] 
the
municipality during the fiscal year specified in the notice
.
[
(b) Within the boundaries of a municipality that is required under Subsection
10-9a-401
(3) to plan for moderate income housing growth but has failed to adopt a moderate
income housing plan element as part of the municipality's general plan or has failed to
implement the requirements of the moderate income housing plan as determined by the results
of the Department of Workforce Service's review of the annual moderate income housing
report described in Subsection 
35A-8-803
(1)(a)(vii), the executive director:
]
(b) Within the boundaries of a municipality described in Subsection (5)(a), the
executive director:
(i) may program fund money in accordance with Subsection (4)(a) for a limited-access
facility or interchange connecting limited-access facilities;
(ii) may not program fund money for the construction, reconstruction, or renovation of
an interchange on a limited-access facility;
(iii) may program Transit Transportation Investment Fund money for a
multi-community fixed guideway public transportation project; and
(iv) may not program Transit Transportation Investment Fund money for the
construction, reconstruction, or renovation of a station that is part of a fixed guideway public
transportation project.
(c) Subsections (5)(a) and (b) do not apply to a project programmed by the executive
director before [
May 1, 2020
] 
July 1, 2022
, for projects prioritized by the commission under
Section 
72-1-304
.
(6) (a) Except as provided in Subsection (6)(b), 
if the department receives a notice of
ineligibility for a county as described in Subsection 
17-27a-408
(7),
 the executive director may
not program fund money to a project prioritized by the commission under Section 
72-1-304
,
including fund money from the Transit Transportation Investment Fund, within the boundaries
of the unincorporated area of [
a county, if the county is required to adopt a moderate income
housing plan element as part of the county's general plan as described in Subsection
17-27a-401
(3) and if the county has failed to adopt a moderate income housing plan element as
part of the county's general plan or has failed to implement the requirements of the moderate
income housing plan as determined by the results of the Department of Workforce Service's
review of the annual moderate income housing report described in Subsection
35A-8-803
(1)(a)(vii)
] 
the county during the fiscal year specified in the notice
.
[
(b) Within the boundaries of the unincorporated area of a county where the county is
required under Subsection 
17-27a-401
(3) to plan for moderate income housing growth but has
failed to adopt a moderate income housing plan element as part of the county's general plan or
has failed to implement the requirements of the moderate income housing plan as determined
by the results of the Department of Workforce Service's review of the annual moderate income
housing report described in Subsection 
35A-8-803
(1)(a)(vii), the executive director:
]
(b) Within the boundaries of the unincorporated area of a county described in
Subsection (6)(a), the executive director:
(i) may program fund money in accordance with Subsection (4)(a) for a limited-access
facility to a project prioritized by the commission under Section 
72-1-304
;
(ii) may not program fund money for the construction, reconstruction, or renovation of
an interchange on a limited-access facility;
(iii) may program Transit Transportation Investment Fund money for a
multi-community fixed guideway public transportation project; and
(iv) may not program Transit Transportation Investment Fund money for the
construction, reconstruction, or renovation of a station that is part of a fixed guideway public
transportation project.
(c) Subsections [
(5)
] 
(6)
(a) and (b) do not apply to a project programmed by the
executive director before July 1, [
] 
, for projects prioritized by the commission under
Section 
72-1-304
.
(7) (a) Before bonds authorized by Section 
63B-18-401
 or 
63B-27-101
 may be issued
in any fiscal year, the department and the commission shall appear before the Executive
Appropriations Committee of the Legislature and present the amount of bond proceeds that the
department needs to provide funding for the projects identified in Subsections 
63B-18-401
(2),
(3), and (4) or Subsection 
63B-27-101
(2) for the current or next fiscal year.
(b) The Executive Appropriations Committee of the Legislature shall review and
comment on the amount of bond proceeds needed to fund the projects.
(8) The Division of Finance shall, from money deposited into the fund, transfer the
amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
Section 
63B-18-401
 or 
63B-27-101
 in the current fiscal year to the appropriate debt service or
sinking fund.
(9) (a) There is created in the Transportation Investment Fund of 2005 the Transit
Transportation Investment Fund.
(b) The fund shall be funded by:
(i) contributions deposited into the fund in accordance with Section 
59-12-103
;
(ii) appropriations into the account by the Legislature;
(iii) deposits of sales and use tax increment related to a housing and transit
reinvestment zone as described in Section 
63N-3-610
;
(iv) private contributions; and
(v) donations or grants from public or private entities.
(c) (i) The fund shall earn interest.
(ii) All interest earned on fund money shall be deposited into the fund.
(d) Subject to Subsection (9)(e), the Legislature may appropriate money from the fund
for public transit capital development of new capacity projects to be used as prioritized by the
commission through the prioritization process adopted under Section 
72-1-304
.
(e) (i) The Legislature may only appropriate money from the fund for a public transit
capital development project or pedestrian or nonmotorized transportation project that provides
connection to the public transit system if the public transit district or political subdivision
provides funds of equal to or greater than 40% of the costs needed for the project.
(ii) A public transit district or political subdivision may use money derived from a loan
granted pursuant to Title 72, Chapter 2, Part 2, State Infrastructure Bank Fund, to provide all or
part of the 40% requirement described in Subsection (9)(e)(i) if:
(A) the loan is approved by the commission as required in Title 72, Chapter 2, Part 2,
State Infrastructure Bank Fund; and
(B) the proposed capital project has been prioritized by the commission pursuant to
Section 
72-1-303
.
(10) (a) There is created in the Transportation Investment Fund of 2005 the
Cottonwood Canyons Transportation Investment Fund.
(b) The fund shall be funded by:
(i) money deposited into the fund in accordance with Section 
59-12-103
;
(ii) appropriations into the account by the Legislature;
(iii) private contributions; and
(iv) donations or grants from public or private entities.
(c) (i) The fund shall earn interest.
(ii) All interest earned on fund money shall be deposited into the fund.
(d) The Legislature may appropriate money from the fund for public transit or
transportation projects in the Cottonwood Canyons of Salt Lake County.
Section 42. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
fiscal year 2023. 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 Workforce Services -- Housing and Community Development
From General Fund, One-time
$500,000
Schedule of Programs:
Housing Development $500,000
The Legislature intends that the Department of Workforce Services use funds
appropriated under this item to develop a statewide database for moderate income housing
units as described in Subsection 
35A-8-803
(1)(a)(viii).
ITEM 2
To Department of Workforce Services -- Housing and Community Development
From General Fund, One-time
$750,000
Schedule of Programs:
Housing Development $750,000
The Legislature intends that:
(1) the Department of Workforce Services use $375,000 of the funds appropriated
under this item in each of the fiscal years 2023 and 2024 to provide assistance to landlords
under the Department of Workforce Services' Section 8 Landlord Incentive Program; and
(2) under the terms of Section 
63J-1-603
 of the Utah Code, appropriations under this
item not lapse at the close of fiscal year 2023.
ITEM 3
To Department of Workforce Services -- Administration
From General Fund
$132,000
Schedule of Programs:
Administrative Support $132,000
The Legislature intends that the Department of Workforce Services use funds
appropriated under this item to hire one full-time equivalent employee.
ITEM 4
To Department of Workforce Services -- Housing and Community Development
 From General Fund, One-time
$250,000
Schedule of Programs:
Housing Development $250,000
The Legislature intends that:
(1) the Department of Workforce Services distribute funds appropriated under this item
to a nonprofit entity in the state that provides training and education on land use law;
(2) the Department of Workforce Services follow the provisions of Title 63G, Chapter
6a, Utah Procurement Code, in selecting the recipient entity; and
(3) the recipient entity use funds distributed from the Department of Workforce
Services under this item to provide regional land use training and workshops to local officials
and policymakers on housing issues.
ITEM 5
To Department of Workforce Services -- Housing and Community Development
From General Fund, One-time
$250,000
Schedule of Programs:
Housing Development $250,000
The Legislature intends that:
(1) the Department of Workforce Services distribute funds appropriated under this item
to a nonprofit entity in the state that engages in efforts to increase housing affordability through
local zoning and housing regulation reform; and
(2) the Department of Workforce Services follow the provisions of Title 63G, Chapter
6a, Utah Procurement Code, in selecting the recipient entity.
Section 43. 
Effective date.
This bill takes effect on June 1, 2022.
Section 44. 
 Coordinating H.B. 462 with H.B. 303 -- Substantive amendment.
If this H.B. 462 and H.B. 303, Local Land Use Amendments, both pass and become
law, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel on June 1, 2022, prepare the Utah Code database for publication by amending
Subsection 
10-9a-403
(2)(b)(iii)(K) in H.B. 462 to read:
"
[
(L)
] 
(K)
 preserve existing 
and new
 moderate income housing 
and subsidized units by
utilizing a landlord incentive program, providing for deed restricted units through a grant
program, or, notwithstanding Section 
10-9a-535
, establishing a housing loss mitigation fund
;
".