Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 20 First Substitute (2023GS)

Sponsor

Sen. Stevenson, J.

Final action

Governor Signed 2/16/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• for purposes of creating a public infrastructure district, clarifies who is considered the owner of military land within a project area by the Military Installation Development Authority (authority);
• amends provisions relating to ownership of a former rail line adjacent to a project area located at an air force base;
• enacts provisions immunizing a governmental entity from liability related to the ownership of certain historically contaminated property; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MILITARY INSTALLATION DEVELOPMENT AUTHORITY
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jerry W. Stevenson
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill amends provisions related to the Military Installation Development Authority.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ for purposes of creating a public infrastructure district, clarifies who is considered
the owner of military land within a project area by the Military Installation
Development Authority (authority);
▸ amends provisions relating to ownership of a former rail line adjacent to a project
area located at an air force base;
▸ enacts provisions immunizing a governmental entity from liability related to the
ownership of certain historically contaminated property; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17D-4-201
, as renumbered and amended by Laws of Utah 2021, Chapter 314
63H-1-208
, as enacted by Laws of Utah 2021, Chapter 414
ENACTS:
63H-1-209
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17D-4-201
 is amended to read:
17D-4-201.
Creation -- Annexation or withdrawal of property.
(1) (a) Except as provided in Subsection (1)(b), Subsection (2), and in addition to the
provisions regarding creation of a local district in Title 17B, Chapter 1, Provisions Applicable
to All Local Districts, a public infrastructure district may not be created unless:
(i) if there are any registered voters within the applicable area, a petition is filed with
the creating entity that contains the signatures of 100% of registered voters within the
applicable area approving the creation of the public infrastructure district; and
(ii) a petition is filed with the creating entity that contains the signatures of 100% of
surface property owners within the applicable area consenting to the creation of the public
infrastructure district.
(b) 
(i) As used in this Subsection (1)(b):
(A) "Military land" means the same as that term is defined in Section 
63H-1-102
.
(B) "Project area" means the same as that term is defined in Section 
63H-1-102
.
(ii)
 Notwithstanding Title 17B, Chapter 1, Part 2, Creation of a Local District, and any
other provision of this chapter, the development authority may adopt a resolution creating a
public infrastructure district as a subsidiary of the development authority if all owners of
surface property proposed to be included within the public infrastructure district consent in
writing to the creation of the public infrastructure district.
(iii) For purposes of Subsection (1)(b)(ii), if the surface property proposed to be
included within the public infrastructure district includes military land that is within a project
area, the owner of the military land within the project area is the lessee of the military land.
(2) (a) The following do not apply to the creation of a public infrastructure district:
(i) Section 
17B-1-203
;
(ii) Section 
17B-1-204
;
(iii) Subsection 
17B-1-208
(2);
(iv) Section 
17B-1-212
; or
(v) Section 
17B-1-214
.
(b) The protest period described in Section 
17B-1-213
 may be waived in whole or in
part with the consent of:
(i) 100% of registered voters within the applicable area approving the creation of the
public infrastructure district; and
(ii) 100% of the surface property owners within the applicable area approving the
creation of the public infrastructure district.
(c) If the protest period is waived under Subsection (2)(b), a resolution approving the
creation of the public infrastructure district may be adopted in accordance with Subsection
17B-1-213
(5).
(d) A petition meeting the requirements of Subsection (1):
(i) may be certified under Section 
17B-1-209
; and
(ii) shall be filed with the lieutenant governor in accordance with Subsection
17B-1-215
(1)(b)(iii).
(3) (a) Notwithstanding Title 17B, Chapter 1, Part 4, Annexation, an area outside of the
boundaries of a public infrastructure district may be annexed into the public infrastructure
district if the following requirements are met:
(i) (A) adoption of resolutions of the board and the creating entity, each approving of
the annexation; or
(B) adoption of a resolution of the board to annex the area, provided that the governing
document or creation resolution for the public infrastructure district authorizes the board to
annex an area outside of the boundaries of the public infrastructure district without future
consent of the creating entity;
(ii) if there are any registered voters within the area proposed to be annexed, a petition
is filed with the creating entity that contains the signatures of 100% of registered voters within
the area, demonstrating that the registered voters approve of the annexation into the public
infrastructure district; and
(iii) a petition is filed with the creating entity that contains the signatures of 100% of
surface property owners within the area proposed to be annexed, demonstrating the surface
property owners' consent to the annexation into the public infrastructure district.
(b) Within 30 days of meeting the requirements of Subsection (3)(a), the board shall
file with the lieutenant governor:
(i) a copy of a notice of impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
.
(4) (a) Notwithstanding Title 17B, Chapter 1, Part 5, Withdrawal, property may be
withdrawn from a public infrastructure district if the following requirements are met:
(i) (A) adoption of resolutions of the board and the creating entity, each approving of
the withdrawal; or
(B) adoption of a resolution of the board to withdraw the property, provided that the
governing document or creation resolution for the public infrastructure district authorizes the
board to withdraw property from the public infrastructure district without further consent from
the creating entity;
(ii) if there are any registered voters within the area proposed to be withdrawn, a
petition is filed with the creating entity that contains the signatures of 100% of registered voters
within the area, demonstrating that the registered voters approve of the withdrawal from the
public infrastructure district; and
(iii) a petition is filed with the creating entity that contains the signatures of 100% of
surface property owners within the area proposed to be withdrawn, demonstrating that the
surface property owners consent to the withdrawal from the public infrastructure district.
(b) If any bonds that the public infrastructure district issues are allocable to the area to
be withdrawn remain unpaid at the time of the proposed withdrawal, the property remains
subject to any taxes, fees, or assessments that the public infrastructure district imposes until the
bonds or any associated refunding bonds are paid.
(c) Upon meeting the requirements of Subsections (4)(a) and (b), the board shall
comply with the requirements of Section 
17B-1-512
.
(5) A creating entity may impose limitations on the powers of a public infrastructure
district through the governing document.
(6) (a) A public infrastructure district is separate and distinct from the creating entity.
(b) (i) Except as provided in Subsection (6)(b)(ii), any financial burden of a public
infrastructure district:
(A) is borne solely by the public infrastructure district; and
(B) is not borne by the creating entity, by the state, or by any municipality, county, or
other political subdivision.
(ii) Notwithstanding Subsection (6)(b)(i) and Section 
17B-1-216
, the governing
document may require:
(A) the district applicant to bear the initial costs of the public infrastructure district;
and
(B) the public infrastructure district to reimburse the district applicant for the initial
costs the creating entity bears.
(c) Any liability, judgment, or claim against a public infrastructure district:
(i) is the sole responsibility of the public infrastructure district; and
(ii) does not constitute a liability, judgment, or claim against the creating entity, the
state, or any municipality, county, or other political subdivision.
(d) (i) (A) The public infrastructure district solely bears the responsibility of any
collection, enforcement, or foreclosure proceeding with regard to any tax, fee, or assessment
the public infrastructure district imposes.
(B) The creating entity does not bear the responsibility described in Subsection
(6)(d)(i)(A).
(ii) A public infrastructure district, and not the creating entity, shall undertake the
enforcement responsibility described in, as applicable, Subsection (6)(d)(i) in accordance with
Title 59, Chapter 2, Property Tax Act, or Title 11, Chapter 42, Assessment Area Act.
(7) A creating entity may establish criteria in determining whether to approve or
disapprove of the creation of a public infrastructure district, including:
(a) historical performance of the district applicant;
(b) compliance with the creating entity's master plan;
(c) credit worthiness of the district applicant;
(d) plan of finance of the public infrastructure district; and
(e) proposed development within the public infrastructure district.
(8) (a) The creation of a public infrastructure district is subject to the sole discretion of
the creating entity responsible for approving or rejecting the creation of the public
infrastructure district.
(b) The proposed creating entity bears no liability for rejecting the proposed creation of
a public infrastructure district.
Section 2. Section 
63H-1-208
 is amended to read:
63H-1-208.
Former rail line.
(1) A former rail line automatically becomes included within a project area located at
an air force base if:
(a) the authority acquires title to the former rail line 
as provided in Subsection (2)
; and
(b) a portion of the former rail line is adjacent to the project area.
(2) Notwithstanding Section 
72-5-117
, the Department of Transportation may transfer
to the authority, at no cost to the authority, title to that portion of a former rail line adjacent to a
project area located at an air force base that the Department of Transportation does not need for
construction of a freeway interchange.
[
(2)
] 
(3)
 The authority may:
(a) develop the former rail line; or
(b) transfer title of all or part of the former rail line
, at no cost,
 to another governmental
entity or nonprofit entity 
who agrees to receive the title
.
(4) A governmental entity or nonprofit entity that agrees to receive title to all or part of
a former rail line under Subsection (3)(b) assumes responsibility for the maintenance of and
any construction that remains to be completed on the former rail line.
Section 3. Section 
63H-1-209
 is enacted to read:
 63H-1-209.
Immunity from contaminated property claims.
(1) As used in this section:
(a) "Agency" means the same as that term is defined in Section 
57-25-102
.
(b) "Claim" means an action, suit, claim, demand, allegation, or cause of action,
whether grounded in law or equity, made in a court of competent jurisdiction, mediation,
arbitration, before a regulatory body, or in another dispute resolution forum.
(c) "Contaminated property" means real property in a project area that is:
(i) affected by historical contamination; and
(ii) owned by a governmental entity.
(d) "Environmental covenant" means the same as that term is defined in Section
57-25-102
.
(e) "Governmental entity" means the same as that term is defined in Section
63G-7-102
.
(f) "Hazardous materials" means the same as that term is defined in Section 
19-6-302
.
(g) "Hazardous substances" means the same as that term is defined in Section
19-6-302
.
(h) "Historical contamination" means the placement, disposal, or release of hazardous
materials or hazardous substances onto, into, under, or in a way that affects real property, and
which placement, disposal, or release of hazardous materials or hazardous substances occurred
prior to ownership of the real property by a governmental entity.
(i) "Ownership," "own," "owned," "owns," or "acquires" means to have an ownership
or other established interest in real property, including holding title to, leasing, operating on, or
maintaining real property.
(2) In addition to the liability protection provided by Subsections 
63G-7-201
(4)(l) and
63G-7-201
(4)(s)(iii) and the other provisions of Title 63G, Chapter 7, Governmental Immunity
Act of Utah, the protections of Subsection (3) apply to a governmental entity that owns or
approves the use of contaminated property.
(3) (a) Ownership of contaminated property by a governmental entity, or a
governmental entity's approval of the use of contaminated property does not subject a
governmental entity, its agents, or its officers or employees to any liability for or related to a
claim arising from, proximately caused by, or related to historical contamination.
(b) No governmental entity waives immunity from suit or liability by this section.
(c) A claim made against a governmental entity, its agents, or its officers or employees
in violation of this section shall subject the claimant to the payment of double the attorney fees
and costs incurred by the governmental entity related to the claim.
(d) This Subsection (3) does not limit or alter:
(i) claims against or the liability of the party that placed, disposed of, or released the
hazardous materials or hazardous substances onto, into, under, or in a way that affects
contaminated property; or
(ii) a workers' compensation claim made by an employee of an entity that works on
contaminated property or conducts work related to contaminated property.
(4) If a governmental entity that owns contaminated property develops the
contaminated property for public or governmental purposes, including recreation, government
offices, parking, or related uses, then Subsection (3) extends to that governmental entity,
regardless of whether the governmental entity had a role in approving use of the contaminated
property, if the governmental entity:
(a) obtains a certificate of completion from the Utah Department of Environmental
Quality following participation in the voluntary cleanup program, as set forth in Section
19-8-111
; or
(b) complies with the terms of an environmental covenant signed by an agency and
properly recorded in the county records against the property.
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.