Housing and Community Development Amendments

562
9-9-104.5
10-21-101
10-21-201
10-21-202
10-21-203
11-13-103
17-80-101
17-80-201
17-80-202
17B-1-612
17C-1-102
17C-1-412
26B-3-209
35A-1-202
35A-3-103
35A-3-309
35A-8-101
35A-8-201
35A-8-202
35A-8-306
35A-8-504.5
35A-8-504.6
35A-8-801
35A-8-802
35A-8-901
35A-8-1003
35A-8-1009
35A-8-1605
35A-8-1608
35A-8-1708
35A-8-2101
35A-8-2201
35A-8-2202
35A-8-2203
35A-8-2204
35A-16-203
53C-3-203
59-2-1101
59-5-116
59-5-119
59-12-2220
59-21-1
59-21-2
63A-3-205
63A-17-308
63B-1b-102
63B-1b-202
63C-25-101
63H-8-201
63H-8-203
63L-11-402
63N-22-101
63N-22-102
63N-22-103
63J-4-402
35A-8-803
35A-8-804
35A-8-805
35A-8-501
35A-8-502
35A-8-503
35A-8-504
35A-8-505
35A-8-506
35A-8-507
35A-8-507.5
35A-8-508
35A-8-509
35A-8-509.5
35A-8-510
35A-8-511
35A-8-512
35A-8-513
35A-8-2401
35A-8-2102
35A-8-2103
35A-8-2104
35A-8-2105
35A-8-2106
35A-8-2107
35A-8-2108
35A-8-2109
35A-8-2110
35A-8-301
35A-8-302
35A-8-303
35A-8-304
35A-8-305
35A-8-307
35A-8-308
35A-8-309
35A-8-310
35A-8-1601
35A-8-1602
35A-8-1603
35A-8-1604
35A-8-1606
35A-8-1607
35A-8-1702
35A-8-1703
35A-8-1704
35A-8-1705
35A-8-1706
35A-8-1707
35A-16-601
35A-16-602
63N-22-901
72-1-215
72-1-304
72-2-124
73-10c-3
3
0
Housing and Community Development Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin Roberts
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill creates the Division of Housing and Community Development within the
Governor's Office of Economic Opportunity.
Highlighted Provisions:
This bill:
creates the Division of Housing and Community Development (HCD) within the
Governor's Office of Economic Opportunity by enacting, renumbering, and amending
certain provisions from the Housing and Community Development Division within the
Department of Workforce Services and the Governor's Office of Planning and Budget to
HCD;
defines terms;
provides for personnel transfer from the Housing and Community Development Division
within the Department of Workforce Services to HCD;
creates the state housing coordinator (housing coordinator) position within HCD, who is
appointed by the governor with the advice and consent of the Senate;
renames the Housing and Community Development Division within the Department of
Workforce Services to the Division of Community Services within the Department of
Workforce Services;
repeals certain obsolete sections of code;
repeals certain sections of code to consolidate with other code sections;
repeals the Commission on Housing Affordability;
requires coordination between the housing coordinator of HCD and the Utah Housing
Corporation (UHC) under certain circumstances;
amends the required fields of expertise of public trustees appointed to the UHC board of
trustees;
moves the Homeless Housing and Services Grant Program from the Office of Homeless
Services into HCD;
requires recipients of certain state or state-administered funds to report certain data to
HCD; and
makes technical and conforming changes.
Money Appropriated in this Bill:
This bill transfers funds from the Governor's Office - Governor's Office Operations to the
Governor's Office of Economic Opportunity, Division of Housing and Community
Development in the amount of $345,000 for fiscal year 2027.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
9-9-104.5
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 233
10-21-101
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
10-21-201
Effective
07/01/26
, as enacted by Laws of Utah 2025, First Special Session,
Chapter 15
10-21-202
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
10-21-203
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 15
11-13-103
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 187
17-80-101
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17-80-201
Effective
07/01/26
, as enacted by Laws of Utah 2025, First Special Session,
Chapter 14
17-80-202
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17B-1-612
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 15
17C-1-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 16
17C-1-412
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 459
26B-3-209
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 306
35A-1-202
Effective
07/01/26
Partially Repealed
07/01/26
, as last amended by Laws
of Utah 2025, Chapter 441
35A-3-103
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 441
35A-3-309
Effective
07/01/26
, as last amended by Laws of Utah 2015, Chapter 221
35A-8-101
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 406
35A-8-201
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2012,
Chapter 212
35A-8-202
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 15
35A-8-1003
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2012,
Chapter 212
35A-8-1009
Effective
07/01/26
, as last amended by Laws of Utah 2017, Chapter 223
35A-16-203
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 530
53C-3-203
Effective
07/01/26
Partially Repealed
07/01/30
, as last amended by Laws
of Utah 2020, Chapter 234
59-2-1101
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 15
59-5-116
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 401
59-5-119
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 401
59-12-2220
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 15
59-21-1
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 339
59-21-2
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 113
63A-3-205
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 105
63B-1b-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 105
63B-1b-202
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapters 362,
451
63C-25-101
Effective
07/01/26
Repealed
07/01/27
, as last amended by Laws of Utah
2025, Chapter 105
63H-8-201
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 391
63H-8-203
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2015,
Chapter 226
63L-11-402
Effective
07/01/26
Repealed
07/01/27
, as last amended by Laws of Utah
2025, Chapter 140
72-1-215
Effective
07/01/26
, as enacted by Laws of Utah 2020, Chapter 268
72-1-304
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 15
72-2-124
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 15
73-10c-3
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 335
ENACTS:
63A-17-308
Effective
07/01/26
, Utah Code Annotated 1953
63N-22-101
Effective
07/01/26
, Utah Code Annotated 1953
63N-22-102
Effective
07/01/26
, Utah Code Annotated 1953
63N-22-103
Effective
07/01/26
, Utah Code Annotated 1953
63N-22-901
Effective
07/01/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63N-22-104
Effective
07/01/26
, (Renumbered from 63J-4-402, as last amended by
Laws of Utah 2025, First Special Session, Chapter 15)
63N-22-201
Effective
07/01/26
, (Renumbered from 35A-8-803, as last amended by
Laws of Utah 2025, First Special Session, Chapter 15)
63N-22-202
Effective
07/01/26
, (Renumbered from 35A-8-804, as last amended by
Laws of Utah 2025, First Special Session, Chapters 15, 16)
63N-22-203
Effective
07/01/26
, (Renumbered from 35A-8-805, as last amended by
Laws of Utah 2024, Chapter 438)
63N-22-301
Effective
07/01/26
, (Renumbered from 35A-8-501, as last amended by
Laws of Utah 2017, Chapter 279)
63N-22-302
Effective
07/01/26
, (Renumbered from 35A-8-502, as renumbered and
amended by Laws of Utah 2012, Chapter 212)
63N-22-303
Effective
07/01/26
, (Renumbered from 35A-8-503, as last amended by
Laws of Utah 2024, Chapter 431)
63N-22-304
Effective
07/01/26
, (Renumbered from 35A-8-504, as last amended by
Laws of Utah 2024, Chapter 413)
63N-22-305
Effective
07/01/26
, (Renumbered from 35A-8-505, as last amended by
Laws of Utah 2025, Chapter 464)
63N-22-306
Effective
07/01/26
, (Renumbered from 35A-8-506, as last amended by
Laws of Utah 2017, Chapter 279)
63N-22-307
Effective
07/01/26
, (Renumbered from 35A-8-507, as last amended by
Laws of Utah 2016, Chapter 131)
63N-22-308
Effective
07/01/26
, (Renumbered from 35A-8-507.5, as last amended
by Laws of Utah 2022, Chapter 406)
63N-22-309
Effective
07/01/26
, (Renumbered from 35A-8-508, as last amended by
Laws of Utah 2022, Chapter 406)
63N-22-310
Effective
07/01/26
, (Renumbered from 35A-8-509, as last amended by
Laws of Utah 2024, Chapter 381)
63N-22-311
Effective
07/01/26
, (Renumbered from 35A-8-509.5, as enacted by
Laws of Utah 2022, Chapter 406)
63N-22-312
Effective
07/01/26
, (Renumbered from 35A-8-510, as last amended by
Laws of Utah 2022, Chapter 406)
63N-22-313
Effective
07/01/26
, (Renumbered from 35A-8-511, as last amended by
Laws of Utah 2022, Chapter 406)
63N-22-314
Effective
07/01/26
, (Renumbered from 35A-8-512, as last amended by
Laws of Utah 2022, Chapter 406)
63N-22-315
Effective
07/01/26
, (Renumbered from 35A-8-513, as last amended by
Laws of Utah 2022, Chapter 406)
63N-22-316
Effective
07/01/26
, (Renumbered from 35A-8-2401, as last amended
by Laws of Utah 2024, Chapter 413)
63N-22-401
Effective
07/01/26
, (Renumbered from 35A-8-2102, as renumbered
and amended by Laws of Utah 2018, Chapter 182)
63N-22-402
Effective
07/01/26
, (Renumbered from 35A-8-2103, as last amended
by Laws of Utah 2024, Chapter 529)
63N-22-403
Effective
07/01/26
, (Renumbered from 35A-8-2104, as renumbered
and amended by Laws of Utah 2018, Chapter 182)
63N-22-404
Effective
07/01/26
, (Renumbered from 35A-8-2105, as last amended
by Laws of Utah 2022, Chapters 68, 406)
63N-22-405
Effective
07/01/26
, (Renumbered from 35A-8-2106, as last amended
by Laws of Utah 2022, Chapter 406)
63N-22-406
Effective
07/01/26
, (Renumbered from 35A-8-2107, as renumbered
and amended by Laws of Utah 2018, Chapter 182)
63N-22-407
Effective
07/01/26
, (Renumbered from 35A-8-2108, as renumbered
and amended by Laws of Utah 2018, Chapter 182)
63N-22-408
Effective
07/01/26
, (Renumbered from 35A-8-2109, as renumbered
and amended by Laws of Utah 2018, Chapter 182)
63N-22-409
Effective
07/01/26
, (Renumbered from 35A-8-2110, as renumbered
and amended by Laws of Utah 2018, Chapter 182)
63N-22-501
Effective
07/01/26
, (Renumbered from 35A-8-301, as last amended by
Laws of Utah 2025, Chapter 261)
63N-22-502
Effective
07/01/26
, (Renumbered from 35A-8-302, as last amended by
Laws of Utah 2025, Chapter 277)
63N-22-503
Effective
07/01/26
, (Renumbered from 35A-8-303, as renumbered and
amended by Laws of Utah 2012, Chapter 212)
63N-22-504
Effective
07/01/26
, (Renumbered from 35A-8-304, as last amended by
Laws of Utah 2024, Chapter 529)
63N-22-505
Effective
07/01/26
, (Renumbered from 35A-8-305, as last amended by
Laws of Utah 2021, Chapter 339)
63N-22-506
Effective
07/01/26
, (Renumbered from 35A-8-307, as last amended by
Laws of Utah 2021, Chapter 339)
63N-22-507
Effective
07/01/26
, (Renumbered from 35A-8-308, as last amended by
Laws of Utah 2025, Chapter 451)
63N-22-508
Effective
07/01/26
, (Renumbered from 35A-8-309, as last amended by
Laws of Utah 2025, Chapter 451)
63N-22-509
Effective
07/01/26
, (Renumbered from 35A-8-310, as last amended by
Laws of Utah 2025, Chapter 261)
63N-22-601
Effective
07/01/26
, (Renumbered from 35A-8-1601, as last amended
by Laws of Utah 2019, Chapter 136)
63N-22-602
Effective
07/01/26
, (Renumbered from 35A-8-1602, as last amended
by Laws of Utah 2025, Chapter 261)
63N-22-603
Effective
07/01/26
, (Renumbered from 35A-8-1603, as renumbered
and amended by Laws of Utah 2012, Chapter 212)
63N-22-604
Effective
07/01/26
, (Renumbered from 35A-8-1604, as last amended
by Laws of Utah 2019, Chapter 136)
63N-22-605
Effective
07/01/26
, (Renumbered from 35A-8-1606, as renumbered
and amended by Laws of Utah 2012, Chapter 212)
63N-22-606
Effective
07/01/26
, (Renumbered from 35A-8-1607, as last amended
by Laws of Utah 2014, Chapter 371)
63N-22-701
Effective
07/01/26
, (Renumbered from 35A-8-1702, as last amended
by Laws of Utah 2019, Chapter 136)
63N-22-702
Effective
07/01/26
, (Renumbered from 35A-8-1703, as last amended
by Laws of Utah 2025, Chapter 261)
63N-22-703
Effective
07/01/26
, (Renumbered from 35A-8-1704, as last amended
by Laws of Utah 2025, Chapter 261)
63N-22-704
Effective
07/01/26
, (Renumbered from 35A-8-1705, as last amended
by Laws of Utah 2016, Chapter 348)
63N-22-705
Effective
07/01/26
, (Renumbered from 35A-8-1706, as renumbered
and amended by Laws of Utah 2012, Chapter 212)
63N-22-706
Effective
07/01/26
, (Renumbered from 35A-8-1707, as last amended
by Laws of Utah 2019, Chapter 136)
63N-22-801
Effective
07/01/26
, (Renumbered from 35A-16-601, as enacted by
Laws of Utah 2022, Chapter 467)
63N-22-802
Effective
07/01/26
, (Renumbered from 35A-16-602, as last amended
by Laws of Utah 2025, Chapter 530)
REPEALS:
35A-8-306
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 89
35A-8-504.5
Effective
07/01/26
, as enacted by Laws of Utah 2021, Chapter 102
35A-8-504.6
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 464
35A-8-801
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2012,
Chapter 212
35A-8-802
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2012,
Chapter 212
35A-8-901
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 335
35A-8-1605
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2012,
Chapter 212
35A-8-1608
Effective
07/01/26
, as last amended by Laws of Utah 2014, Chapter 241
35A-8-1708
Effective
07/01/26
, as last amended by Laws of Utah 2014, Chapter 371
35A-8-2101
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2018,
Chapter 182
35A-8-2201
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 268
35A-8-2202
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 118
35A-8-2203
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 512
35A-8-2204
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 268
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
9-9-104.5
is amended to read:
9-9-104.5
Effective
07/01/26
. Meetings with Tribal Leaders and Native
American Indian organizations.
(1)
The division shall meet regularly with:
(a)
elected officials of Indian Tribal Nations located in whole or in part in the state; or
(b)
individuals designated by elected officials of the Indian Tribal Nations described in
Subsection
(1)(a)
.
(2)
(a)
Subject to Section
9-9-104.6
, at least six times each year, the division shall
coordinate and attend a joint meeting of the representatives of tribal governments
listed in Subsection
(2)(b)
for the purpose of coordinating the efforts of state and
tribal governments in meeting the needs of the Native American Indians residing in
Utah.
(b)
(i)
The representatives to be included in the meeting described in Subsection
(2)(a)

shall be elected officials, serve as representatives for
their
the
entire elected term,
and be selected as follows:
(A)
an elected Navajo Nation council delegate who resides in Utah or Arizona and
represents at least one Utah Navajo Chapter, as defined in Section
35A-8-1702
63N-22-701
, selected by the
President
president
of the Navajo Nation;
(B)
an elected official of the Ute Indian Tribe of the Uintah and Ouray
Reservation selected by the Uintah and Ouray Tribal Business Committee;
(C)
an elected official of the Paiute Indian Tribe of Utah selected by the Paiute
Indian Tribe of Utah Tribal Council;
(D)
an elected official of the Northwestern Band of the Shoshone Nation that
resides in Utah or Idaho selected by the Northwestern Band of the Shoshone
Nation Tribal Council;
(E)
an elected official of the Confederated Tribes of the Goshute selected by the
Confederated Tribes of the Goshute Reservation Tribal Council;
(F)
an elected official of the Skull Valley Band of Goshute Indians selected by the
Skull Valley Band of Goshute Indian Tribal Executive Committee;
(G)
an elected official of the Ute Mountain Ute Tribe that resides in Utah or
Colorado selected by the Ute Mountain Ute Tribal Council; and
(H)
an elected official of the San Juan Southern Paiute Tribe, residing in Utah or
Arizona, selected by the San Juan Southern Paiute Tribal Council.
(ii)
Notwithstanding Subsection
(2)(b)(i)
, if an elected official of an Indian Tribal
Nation provides notice to the division, the Indian Tribal Nation may designate an
individual other than the elected official selected under Subsection
(2)(b)(i)
to
represent the Indian Tribal Nation at an individual meeting held under Subsection
(2)(a)
.
(iii)
A majority of members listed in Subsection
(2)(b)(i)
constitutes a quorum for
purposes of a meeting held under Subsection
(2)(a)
. An action of a majority of
members present when a quorum is present constitutes action of the
representatives for purposes of a meeting described in Subsection
(2)(a)
.
(c)
(i)
A meeting held in accordance with Subsection
(2)(a)
is subject to
Title 52,
Chapter 4, Open and Public Meetings Act
.
(ii)
A meeting of representatives listed in Subsection
(2)(b)
is not subject to the
requirements of
Title 52, Chapter 4, Open and Public Meetings Act
,
notwithstanding whether it
, whether the meeting
is held on the same day as a
meeting held in accordance with Subsection
(2)(a)
if:
(A)
the division does not coordinate the meeting described in this Subsection
(2)(c)(ii)
;
(B)
no state agency participates in the meeting described in this Subsection
(2)(c)(ii)
;
(C)
a representative receives no per diem or expenses under this section for
attending the meeting described in this Subsection
(2)(c)(ii)
that is in addition
to any per diem or expenses the representative receives under Subsection
(2)(d)

for attending a meeting described in Subsection
(2)(a)
; and
(D)
the meeting described in this Subsection
(2)(c)(ii)
is not held:
(I)
after a meeting described in Subsection
(2)(a)
begins; and
(II)
before the meeting described in Subsection
(2)(c)(ii)(D)(I)
adjourns.
(d)
A representative of a tribal government that attends a meeting held in accordance
with Subsection
(2)(a)
may not receive compensation or benefits for the
representative's service, but may receive per diem and travel expenses in accordance
with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the Division of Finance pursuant to Sections
63A-3-106
and
63A-3-107
.
(e)
For a meeting described in Subsection
(2)(a)
, only the individuals described in
Subsection
(2)(b)
may receive per diem and expenses, as provided in Subsection
(2)(d)
.
(3)
The division may meet as necessary with Native American Indian groups other than
tribal governments representing the interests of Native American Indians who are
citizens of the state residing on or off reservation land.
Section 2. Section
10-21-101
is amended to read:
10-21-101
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Affordable housing" means housing offered for sale at 80% or less of the median
county home price for housing of that type.
(2)
"Agency" means the same as that term is defined in Section
17C-1-102
.
(3)
"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.
(4)
"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.
(5)
"Base taxable value" means a property's taxable value as shown upon the assessment
roll last equalized during the base year.
(6)
"Base year" means, for a proposed home ownership promotion zone area, a year
beginning the first day of the calendar quarter determined by the last equalized tax roll
before the adoption of the home ownership promotion zone.
(7)
"Division" means the
Housing and Community Development Division within the
Department of Workforce Services
Division of Housing and Community Development
within the Governor's Office of Economic Opportunity
.
(8)
"Existing fixed guideway public transit station" means a fixed guideway public transit
station for which construction begins before June 1, 2022.
(9)
"Fixed guideway" means the same as that term is defined in Section
59-12-102
.
(10)
"Home ownership promotion zone" means a home ownership promotion zone created
in accordance with this part.
(11)
"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
10-21-201(4)
.
(12)
"Initial report" or "initial moderate income housing report" means the one-time report
described in Subsection
10-21-202(1)
.
(13)
"Internal accessory dwelling unit" means an accessory dwelling unit created:
(a)
within a primary dwelling;
(b)
within the footprint of the primary dwelling described in Subsection
(13)(a)
at the
time the internal accessory dwelling unit is created; and
(c)
for the purpose of offering a long-term rental of 30 consecutive days or longer.
(14)
"Moderate income housing strategy" means a strategy described in Subsection
10-21-201(3)(a)(iii)
.
(15)
"New fixed guideway public transit station" means a fixed guideway public transit
station for which construction begins on or after June 1, 2022.
(16)
"Participant" means the same as that term is defined in Section
17C-1-102
.
(17)
"Participation agreement" means the same as that term is defined in Section
17C-1-102
.
(18)
(a)
"Primary dwelling" means a single-family dwelling that:
(i)
is detached; and
(ii)
is occupied as the primary residence of the owner of record.
(b)
"Primary dwelling" includes a garage if the garage:
(i)
is a habitable space; and
(ii)
is connected to the primary dwelling by a common wall.
(19)
"Project improvements" means the same as that term is defined in Section
11-36a-102
.
(20)
"Qualifying land use petition" means a petition:
(a)
that involves land located within a station area for an existing public transit station
that provides rail services;
(b)
that involves land located within a station area for which the municipality has not yet
satisfied the requirements of Subsection
10-21-203(1)(a)
;
(c)
that proposes the development of an area greater than five contiguous acres, with no
less than 51% of the acreage within the station area;
(d)
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;
(e)
that would require a higher density than the density currently allowed by the
municipality;
(f)
that proposes the construction of new residential units, at least 10% of which are
dedicated to moderate income housing; and
(g)
for which the land use applicant requests the municipality to initiate the process of
satisfying the requirements of Subsection
10-21-203(1)(a)
for the station area in
which the development is proposed, subject to Subsection
10-21-203(2)(d)
.
(21)
"Report" means an initial report or a subsequent progress report.
(22)
"Specified municipality" means:
(a)
a city of the first, second, third, or fourth class; or
(b)
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.
(23)
(a)
"Station area" means:
(i)
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
(ii)
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.
(b)
"Station area" includes any parcel bisected by the radius limitation described in
Subsection
(a)(i)
or
(ii)
Subsection
(23)(a)(i)
or
(ii)
.
(24)
"Station area plan" means a plan that:
(a)
establishes a vision, and the actions needed to implement that vision, for the
development of land within a station area; and
(b)
is developed and adopted in accordance with this section.
(25)
"Subsequent progress report" means the annual report described in Subsection
10-21-202(2)
.
(26)
"System improvements" means the same as that term is defined in Section
11-36a-102
.
(27)
"Tax commission" means the State Tax Commission created in Section
59-1-201
.
(28)
(a)
"Tax increment" means the difference between:
(i)
the amount of property tax revenue generated each tax year by a taxing entity from
the area within a home ownership promotion zone, using the current assessed
value and each taxing entity's current certified tax rate as defined in Section
59-2-924
; and
(ii)
the amount of property tax revenue that would be generated from that same area
using the base taxable value and each taxing entity's current certified tax rate as
defined in Section
59-2-924
.
(b)
"Tax increment" does not include property revenue from:
(i)
a multicounty assessing and collecting levy described in Subsection
59-2-1602(2)
;
or
(ii)
a county additional property tax described in Subsection
59-2-1602(4)
.
(29)
"Taxing entity" means the same as that term is defined in Section
17C-1-102
.
Section 3. Section
10-21-201
is amended to read:
10-21-201
Effective
07/01/26
. Moderate income housing plan required.
(1)
A moderate income housing element of a general plan shall include a moderate income
housing plan that meets the requirements of this section.
(2)
A moderate income housing plan:
(a)
shall provide a realistic opportunity to meet the need for additional moderate income
housing within the municipality during the next five years;
(b)
for a municipality that is not a specified municipality, may include a
recommendation to implement three or more of the moderate income housing
strategies described in Subsection
(3)(a)(iii)
;
(c)
for a specified municipality that does not have a fixed guideway public transit
station, shall include a recommendation to implement three or more of the moderate
income housing strategies described in Subsection
(3)(a)(iii)
or at least one of the
moderate income housing strategies described in Subsections
(3)(a)(iii)(X)
through
(CC);
(d)
for a specified municipality that has a fixed guideway public transit station, shall
include:
(i)
a recommendation to implement five or more of the moderate income housing
strategies described in Subsection
(3)(a)(iii)
, of which one shall be the moderate
income housing strategy described in Subsection
(3)(a)(iii)(U)
and one shall be a
moderate income housing strategy described in Subsection
(3)(a)(iii)(G)
or
(H)
; or
(ii)
a recommendation to implement the moderate income housing strategy described
in Subsection
(3)(a)(iii)(U)
, one of the moderate income housing strategies
described in Subsections
(3)(a)(iii)(X)
through (CC), and one moderate income
housing strategy described in Subsection
(3)(a)(iii)
; and
(e)
for a specified municipality shall include an implementation plan as provided in
Subsection
(4)
.
(3)
(a)
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 municipality that is not a specified municipality, may include, and for a
specified municipality 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;
and
(iii)
for a municipality that is not a specified municipality, may include, and for a
specified municipality shall include, a recommendation to implement the required
number of any of the following moderate income housing strategies as specified in
Subsection
(2)
:
(A)
rezone for densities necessary to facilitate the production of moderate income
housing;
(B)
demonstrate investment in the rehabilitation or expansion of infrastructure that
facilitates the construction of moderate income housing;
(C)
demonstrate investment in the rehabilitation of existing uninhabitable housing
stock into moderate income housing;
(D)
identify and utilize general fund subsidies or other sources of revenue to
waive construction related fees that are otherwise generally imposed by the
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)
zone or rezone for higher density or moderate income residential development
in commercial or mixed-use zones near major transit investment corridors,
commercial centers, or employment centers;
(G)
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 moderate income units in new developments;
(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
10-21-301
,
or

establishing a housing loss mitigation fund;
(L)
reduce, waive, or eliminate impact fees related to moderate income housing;
(M)
demonstrate creation of, or participation in, a community land trust program
for moderate income housing;
(N)
implement a mortgage assistance program for employees of the municipality,
an employer that provides contracted services to the municipality, or any other
public employer that operates within the municipality;
(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 the
Utah Housing Corporation's funding capacity, an entity that applies for
affordable housing programs administered by
the Department of Workforce
Services
the Division of Housing and Community Development within the
Governor's Office of Economic Opportunity
, 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;
(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;
(Q)
eliminate impact fees for any accessory dwelling unit that is not an internal
accessory dwelling unit as defined in Section
10-21-101
;
(R)
create a program to transfer development rights for moderate income housing;
(S)
ratify a joint acquisition agreement with another local political subdivision for
the purpose of combining resources to acquire property for moderate income
housing;
(T)
develop a moderate income housing project for residents who are disabled or
55 years old or older;
(U)
develop and adopt a station area plan in accordance with Section
10-21-203
;
(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;
(W)
demonstrate implementation of any other program or strategy 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;
(X)
create a housing and transit reinvestment zone in accordance with Title 63N,
Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;
(Y)
create a home ownership promotion zone in accordance with Part 5, Home
Ownership Promotion Zone for Municipalities;
(Z)
create a first home investment zone in accordance with Title 63N, Chapter 3,
Part 16, First Home Investment Zone Act;
(AA)
approve a project that receives funding from, or qualifies to receive funding
from, the Utah Homes Investment Program created in Title 51, Chapter 12,
Utah Homes Investment Program;
(BB)
adopt or approve a qualifying affordable home ownership density bonus for
single-family residential units, as described in Section
10-21-401
; and
(CC)
adopt or approve a qualifying affordable home ownership density bonus for
multi-family residential units, as described in Section
10-21-402
; and
(b)
the planning commission shall identify each moderate income housing strategy
recommended to the legislative body for implementation by restating the exact
language used to describe the strategy in Subsection
(3)(a)(iii)
.
(4)
(a)
In drafting the implementation plan portion of the moderate income housing
element as described in Subsection
(2)(c)
, the planning commission shall recommend
to the legislative body the establishment of a five-year timeline for implementing
each of the moderate income housing strategies selected by the municipality for
implementation.
(b)
The timeline described in Subsection
(4)(a)
shall:
(i)
identify specific measures and benchmarks for implementing each moderate
income housing strategy selected by the municipality, whether one-time or
ongoing; and
(ii)
provide flexibility for the municipality to make adjustments as needed.
Section 4. Section
10-21-202
is amended to read:
10-21-202
Effective
07/01/26
. Moderate income housing report -- Contents --
Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil
actions.
(1)
(a)
The legislative body of a specified municipality shall submit an initial moderate
income housing report to the division.
(b)
(i)
This Subsection
(1)(b)
applies to a municipality that is not a specified
municipality as of January 1, 2023.
(ii)
As of January 1, if a municipality changes from one class to another or grows in
population to qualify as a specified municipality, the municipality shall submit an
initial plan to the division on or before August 1 of the first calendar year
beginning on January 1 in which the municipality qualifies as a specified
municipality.
(c)
The initial report shall:
(i)
identify each moderate income housing strategy selected by the specified
municipality for continued, ongoing, or one-time implementation, restating the
exact language used to describe the moderate income housing strategy; and
(ii)
include an implementation plan.
(2)
(a)
After the division approves a specified municipality's initial report under this
section, the specified municipality shall, as an administrative act, annually submit to
the division a subsequent progress report on or before August 1 of each year after the
year in which the specified municipality is required to submit the initial report.
(b)
The subsequent progress report shall include:
(i)
subject to Subsection
(2)(c)
, a description of each action, whether one-time or
ongoing, taken by the specified municipality during the previous 12-month period
to implement the moderate income housing strategies identified in the initial
report for implementation;
(ii)
a description of each land use regulation or land use decision made by the
specified municipality during the previous 12-month period 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;
(iii)
a description of any barriers encountered by the specified municipality in the
previous 12-month period in implementing the moderate income housing
strategies;
(iv)
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 or comparable license or permit to rent;
(v)
the number of residential dwelling units that have been entitled that have not
received a building permit as of the submission date of the progress report;
(vi)
shapefiles, or website links if shapefiles are not available, to current maps and
tables related to zoning;
(vii)
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
(viii)
any recommendations on how the state can support the specified municipality
in implementing the moderate income housing strategies.
(c)
For purposes of describing actions taken by a specified municipality under
Subsection
(2)(b)(i)
, the specified municipality may include an ongoing action taken
by the specified municipality before the 12-month reporting period applicable to the
subsequent progress report if the specified municipality:
(i)
has already adopted an ordinance, approved a land use application, made an
investment, or approved an agreement or financing that substantially promotes the
implementation of a moderate income housing strategy identified in the initial
report; and
(ii)
demonstrates in the subsequent progress report that the action taken under
Subsection
(2)(c)(i)
is relevant to making meaningful progress towards the
specified municipality's implementation plan.
(d)
A specified municipality's report shall be in a form:
(i)
approved by the division; and
(ii)
made available by the division on or before May 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
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 this section.
(4)
(a)
An initial report complies with this section if the report:
(i)
includes the information required under Subsection
(1)(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)
if the specified municipality has a fixed guideway public transit station:
(I)
five or more of the moderate income housing strategies described in
Subsection
10-21-201(3)(a)(iii)
, of which one shall be the moderate income
housing strategy described in Subsection
10-21-201(3)(a)(iii)(U)
and one
shall be a moderate income housing strategy described in Subsection
10-21-201(3)(a)(iii)(G)
or
(H)
; or
(II)
the moderate income housing strategy described in Subsection
10-21-201(3)(a)(iii)(U)
, one of the moderate income housing strategies
described in Subsections
10-21-201(3)(a)(iii)(X)
through (CC), and one
moderate income strategy described in Subsection
10-21-201(3)(a)(iii)
; and
(iii)
is in a form approved by the division.
(b)
A subsequent progress report complies with this section if the report:
(i)
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)
if the specified municipality has a fixed guideway public transit station:
(I)
five or more of the moderate income housing strategies described in
Subsection
10-21-201(3)(a)(iii)
, of which one shall be the moderate income
housing strategy described in Subsection
10-21-201(3)(a)(iii)(U)
and one
shall be a moderate income housing strategy described in Subsection
10-21-201(3)(a)(iii)(G)
or
(H)
; or
(II)
the moderate income housing strategy described in Subsection
10-21-201(3)(a)(iii)(U)
, one of the moderate income housing strategies
described in Subsections
10-21-201(3)(a)(iii)(X)
through (CC), and one
moderate income housing strategy described in Subsection
10-21-201(3)(a)(iii)
;
(ii)
is in a form approved by the division; and
(iii)
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;
(D)
identify how the market has responded to the specified municipality's selected
moderate income housing strategies; and
(E)
identify any barriers encountered by the specified municipality in
implementing the selected moderate income housing strategies.
(c)
(i)
Notwithstanding the requirements of Subsection
(4)(a)(ii)(A)
or
(b)(i)(A)
, if a
specified municipality without a fixed guideway public transit station implements
or is implementing, by ordinance or development agreement, one of the following
moderate income housing strategies, the division shall consider that one moderate
income housing strategy to be the equivalent of three moderate income housing
strategies:
(A)
a housing and transit reinvestment zone, as described in Subsection
10-21-201(3)(a)(iii)(X)
;
(B)
a home ownership promotion zone, as described in Subsection
10-21-201(3)(a)(iii)(Y)
;
(C)
a first home investment zone, described in Subsection
10-21-201(3)(a)(iii)(Z)
;
(D)
the approval of a project described in Subsection
10-21-201(3)(a)(iii)(AA)
;
(E)
a qualifying affordable home ownership density bonus for single-family
residential units, as described in Subsection
10-21-201(3)(a)(iii)(BB)
; or
(F)
a qualifying affordable home ownership density bonus for multi-family
residential units, as described in Subsection
10-21-201(3)(a)(iii)(CC)
.
(ii)
If the division considers one moderate income housing strategy described in
Subsection
(4)(c)(i)
as the equivalent of three moderate income housing strategies,
the division shall also consider the specified municipality compliant with the
reporting requirement described in this section for:
(A)
the year in which the specified municipality submits the initial report or
subsequent report; and
(B)
two subsequent reporting years.
(5)
(a)
A specified municipality qualifies for priority consideration under this Subsection
(5)
if the specified municipality's report:
(i)
complies with this section; 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 Transportation Commission may, in accordance with Subsection
72-1-304(3)(c)
,
give priority consideration to transportation projects located within the boundaries of
a specified municipality described in Subsection
(5)(a)
until the Department of
Transportation receives notice from the division under Subsection
(5)(e)
.
(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 and the Department of Transportation.
(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; and
(iii)
state the basis for the division's determination that the specified municipality
qualifies for priority consideration.
(e)
The division shall notify the legislative body of a specified municipality and the
Department of Transportation in writing if the division determines that the specified
municipality no longer qualifies for priority consideration under this Subsection
(5)
.
(6)
(a)
If the division, after reviewing a specified municipality's report, determines that
the report does not comply with this section, the division shall send a notice of
noncompliance to the legislative body of the specified municipality.
(b)
A specified municipality that receives a notice of noncompliance may:
(i)
cure each deficiency in the report within 90 days after the day on which the notice
of noncompliance is sent; or
(ii)
request an appeal of the division's determination of noncompliance within 10
days after the day on which the notice of noncompliance is sent.
(c)
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:
(A)
submit to the division a corrected report that cures each deficiency in the
report within 90 days after the day on which the notice of compliance is sent; or
(B)
submit to the division a request for an appeal of the division's determination of
noncompliance within 10 days after the day on which the notice of
noncompliance is sent; and
(iii)
state that failure to take action under Subsection
(6)(c)(ii)
will result in the
specified municipality's ineligibility for funds under Subsection
(8)
.
(d)
For purposes of curing the deficiencies in a report under this Subsection
(6)
, if the
action needed to cure the deficiency as described by the division requires the
specified municipality to make a legislative change, the specified municipality may
cure the deficiency by making that legislative change within the 90-day cure period.
(e)
(i)
If a specified municipality submits to the division a corrected report in
accordance with Subsection
(6)(b)(i)
and the division determines that the
corrected report does not comply with this section, the division shall send a
second notice of noncompliance to the legislative body of the specified
municipality within 30 days after the day on which the corrected report is
submitted.
(ii)
A specified municipality that receives a second notice of noncompliance may
submit to the division a request for an appeal of the division's determination of
noncompliance within 10 days after the day on which the second notice of
noncompliance is sent.
(iii)
The notice described in Subsection
(6)(e)(i)
shall:
(A)
state that the specified municipality has an opportunity to submit to the
division a request for an appeal of the division's determination of
noncompliance within 10 days after the day on which the second notice of
noncompliance is sent; and
(B)
state that failure to take action under Subsection
(6)(e)(iii)(A)
will result in the
specified municipality's ineligibility for funds under Subsection
(8)
.
(7)
(a)
A specified municipality that receives a notice of noncompliance under
Subsection
(6)(a)
or
(6)(e)(i)
may request an appeal of the division's determination of
noncompliance within 10 days after the day on which the notice of noncompliance is
sent.
(b)
Within 90 days after the day on which the division receives a request for an appeal,
an appeal board consisting of the following three members shall review and issue a
written decision on the appeal:
(i)
one individual appointed by the Utah League of Cities and Towns;
(ii)
one individual appointed by the Utah Homebuilders Association; and
(iii)
one individual appointed by the presiding member of the association of
governments, established in accordance with an interlocal agreement under Title
11, Chapter 13, Interlocal Cooperation Act, of which the specified municipality is
a member.
(c)
The written decision of the appeal board shall either uphold or reverse the division's
determination of noncompliance.
(d)
The appeal board's written decision on the appeal is final.
(8)
(a)
A specified municipality is ineligible for funds under this Subsection
(8)
if:
(i)
the specified municipality fails to submit a report to the division;
(ii)
after submitting a report to the division, the division determines that the report
does not comply with this section and the specified municipality fails to:
(A)
cure each deficiency in the report within 90 days after the day on which the
notice of noncompliance is sent; or
(B)
request an appeal of the division's determination of noncompliance within 10
days after the day on which the notice of noncompliance is sent;
(iii)
after submitting to the division a corrected report to cure the deficiencies in a
previously submitted report, the division determines that the corrected report does
not comply with this section and the specified municipality fails to request an
appeal of the division's determination of noncompliance within 10 days after the
day on which the second notice of noncompliance is sent; or
(iv)
after submitting a request for an appeal under Subsection
(7)
, the appeal board
issues a written decision upholding the division's determination of noncompliance.
(b)
The following apply to a specified municipality described in Subsection
(8)(a)
until
the division provides notice under Subsection
(8)(e)
:
(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)
;
(ii)
beginning with a report submitted in 2024, the specified municipality shall pay a
fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that
the specified municipality:
(A)
fails to submit the report to the division in accordance with this section,
beginning the day after the day on which the report was due; or
(B)
fails to cure the deficiencies in the report, beginning the day after the day by
which the cure was required to occur as described in the notice of
noncompliance under Subsection
(6)
; and
(iii)
beginning with the report submitted in 2025, the specified municipality shall pay
a fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that
the specified municipality, in a consecutive year:
(A)
fails to submit the report to the division in accordance with this section,
beginning the day after the day on which the report was due; or
(B)
fails to cure the deficiencies in the report, beginning the day after the day by
which the cure was required to occur as described in the notice of
noncompliance under Subsection
(6)
.
(c)
Upon determining that a specified municipality is ineligible for funds under this
Subsection
(8)
, and is required to pay a fee under Subsection
(8)(b)
, if applicable, the
division shall send a notice of ineligibility to the legislative body of the specified
municipality, the Department of Transportation, the State Tax Commission, and the
Governor's Office of Planning and Budget.
(d)
The notice described in Subsection
(8)(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)
describe the fee the specified municipality is required to pay under Subsection
(8)(b)
, if applicable; and
(iv)
state the basis for the division's determination that the specified municipality is
ineligible for funds.
(e)
The division shall notify the legislative body of a specified municipality and the
Department of Transportation in writing if the division determines that the provisions
of this Subsection
(8)
no longer apply to the specified municipality.
(f)
The division may not determine that a specified municipality that is required to pay a
fee under Subsection
(8)(b)
is in compliance with the reporting requirements of this
section until the specified municipality pays all outstanding fees required under
Subsection
(8)(b)
to the Olene Walker Housing Loan Fund, created
under Title 35A,
Chapter 8, Part 5, Olene Walker Housing Loan Fund
in Section
63N-22-302
.
(9)
In a civil action seeking enforcement or claiming a violation of this section or of
Subsection
10-20-405(4)(c)
, a plaintiff may not recover damages but may be awarded
only injunctive or other equitable relief.
Section 5. Section
10-21-203
is amended to read:
10-21-203
Effective
07/01/26
. Station area plan requirements -- Contents --
Review and certification by applicable metropolitan planning organization.
(1)
(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
(1)(a)
shall be considered satisfied if:
(i)
(A)
the municipality has already adopted plans or ordinances, approved land use
applications, approved agreements or financing, or investments have been
made, before June 1, 2022, that substantially promote each of the objectives in
Subsection
(6)(a)
within the station area, and can demonstrate that such plans,
ordinances, approved land use applications, approved agreements or financing,
or investments are still relevant to making meaningful progress towards
achieving such objectives; and
(B)
the municipality adopts a resolution finding that the objectives of Subsection
(6)(a)
have been substantially promoted; or
(ii)
(A)
the municipality has determined that conditions exist that make satisfying a
portion or all of the requirements of Subsection
(1)(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
(1)(a)
impracticable.
(c)
To the extent that previous actions by a municipality do not satisfy the requirements
of Subsection
(1)(a)
for a station area, the municipality shall take the actions
necessary to satisfy those requirements.
(2)
(a)
A municipality that has a new fixed guideway public transit station located within
the municipality's boundaries shall satisfy the requirements of Subsection
(1)(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
(2)(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
(1)(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
(1)(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
(1)(a)
for no less than two station areas located within the municipality
until the municipality has satisfied the requirements of Subsection
(1)(a)
for each
station area located within the municipality.
(d)
(i)
Subject to Subsection
(2)(d)(ii)
:
(A)
if a municipality receives a complete qualifying land use petition on or before
July 1, 2022, the municipality shall satisfy the requirements of Subsection
(1)(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 petition after July 1,
2022, the municipality shall satisfy the requirements of Subsection
(1)(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 petition is submitted to the
municipality, and shall notify the applicable metropolitan planning
organization of the receipt of the qualified land use petition within 45 days of
the date of receipt.
(ii)
(A)
A municipality is not required to satisfy the requirements of Subsection
(1)(a)
for more than two station areas under Subsection
(2)(d)(i)
within any
12-month period.
(B)
If a municipality receives more than two complete qualifying land use
petitions on or before July 1, 2022, the municipality shall select two station
areas for which the municipality will satisfy the requirements of Subsection
(1)(a)
in accordance with Subsection
(2)(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
(1)(a)
; and
(B)
the municipality would be required to change a zoning designation for the
land use application to be approved.
(e)
Notwithstanding Subsections
(2)(a)
through
(d)
, the time period for satisfying the
requirements of Subsection
(1)(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
(1)(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
(2)(e)(i)
.
(3)
(a)
Except as provided in Subsection
(3)(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
(1)(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.
(4)
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.
(5)
(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
(2)(d)
.
(6)
(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
(6)(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
(6)(a)(i)
.
(ii)
To promote the objective described in Subsection
(6)(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
(6)(a)(ii)
.
(iii)
To promote the objective described in Subsection
(6)(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
(6)(a)(iii)
.
(iv)
To promote the objective described in Subsection
(6)(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
(6)(a)(iv)
.
(7)
A station area plan shall include the following components:
(a)
a station area vision that:
(i)
is consistent with Subsection
(6)
; 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 station area;
(ii)
the area within the station area to which the station area plan applies, provided
that the station area plan may apply to areas outside the station area, and the
station area plan is not required to apply to the entire station area; and
(iii)
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
(6)(a)
; and
(e)
as an alternative or supplement to the requirements of Subsection
(6)
or this
Subsection
(7)
, and for purposes of Subsection
(1)(b)(ii)
, a statement that describes
any conditions that would make the following impracticable:
(i)
promoting the objectives described in Subsection
(6)(a)
; or
(ii)
satisfying the requirements of this Subsection
(7)
.
(8)
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.
(9)
(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
(1)(a)(i)
for the station
area, including:
(i)
a station area plan; or
(ii)
a resolution adopted under Subsection
(1)(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
(9)(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
(1)(a)(i)
for the station area.
(c)
The municipality shall include the certification described in Subsection
(9)(b)(ii)
in
the municipality's report to the
Department of Workforce Services
Division of
Housing and Community Development within the Governor's Office of Economic
Opportunity
under Section
10-21-202
.
(10)
(a)
Following certification by a metropolitan planning organization of a
municipality's station area plan under Subsection
(9)(b)(ii)
, the municipality shall
provide a report to the applicable metropolitan planning organization on or before
December 31 of the fifth year after the year in which the station area plan was
certified, and every five years thereafter for a period not to exceed 15 years.
(b)
The report described in Subsection
(10)(a)
shall:
(i)
contain the status of advancing the station area plan objectives, including, if
applicable, actions described in the implementation plan required in Subsection
(7)(c)
; and
(ii)
identify potential actions over the next five years that would advance the station
area plan objectives.
(c)
If a municipality has multiple certified station area plans, the municipality may
consolidate the reports required in Subsection
(10)(a)
for the purpose of submitting
reports to the metropolitan planning organization.
Section 6. Section
11-13-103
is amended to read:
11-13-103
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
(a)
"Additional project capacity" means electric generating capacity provided by a
generating unit that first produces electricity on or after May 6, 2002, and that is
constructed or installed at or adjacent to the site of a project that first produced
electricity before May 6, 2002, regardless of whether:
(i)
the owners of the new generating unit are the same as or different from the owner
of the project; and
(ii)
the purchasers of electricity from the new generating unit are the same as or
different from the purchasers of electricity from the project.
(b)
"Additional project capacity" does not mean or include replacement project capacity.
(2)
"Board" means the Permanent Community Impact Fund Board created by Section
35A-8-304
63N-22-504
, and
its
the board's
successors.
(3)
"Candidate" means one or more of:
(a)
the state;
(b)
a county, municipality, school district, special district, special service district, or
other political subdivision of the state; and
(c)
a prosecution district.
(4)
"Commercial project entity" means a project entity, defined in Subsection
(18)
, that:
(a)
has no taxing authority; and
(b)
is not supported in whole or in part by and does not expend or disburse tax revenues.
(5)
"Direct impacts" means an increase in the need for public facilities or services that is
attributable to the project or facilities providing additional project capacity, except
impacts resulting from the construction or operation of a facility that is:
(a)
owned by an owner other than the owner of the project or of the facilities providing
additional project capacity; and
(b)
used to furnish fuel, construction, or operation materials for use in the project.
(6)
"Electric interlocal entity" means an interlocal entity described in Subsection
11-13-203(3)
.
(7)
"Energy services interlocal entity" means an interlocal entity that is described in
Subsection
11-13-203(4)
.
(8)
(a)
"Estimated electric requirements," when used with respect to a qualified energy
services interlocal entity, includes any of the following that meets the requirements of
Subsection
(8)(b)
:
(i)
generation capacity;
(ii)
generation output; or
(iii)
an electric energy production facility.
(b)
An item listed in Subsection
(8)(a)
is included in "estimated electric requirements" if
it
the item
is needed by the qualified energy services interlocal entity to perform the
qualified energy services interlocal entity's contractual or legal obligations to any of

its
the qualified energy services interlocal entity's
members.
(9)
(a)
"Facilities providing replacement project capacity" means facilities that have
been, are being, or are proposed to be constructed, reconstructed, converted,
repowered, acquired, leased, used, or installed to provide replacement project
capacity.
(b)
"Facilities providing replacement project capacity" includes facilities that have been,
are being, or are proposed to be constructed, reconstructed, converted, repowered,
acquired, leased, used, or installed:
(i)
to support and facilitate the construction, reconstruction, conversion, repowering,
installation, financing, operation, management, or use of replacement project
capacity; or
(ii)
for the distribution of power generated from existing capacity or replacement
project capacity to facilities located on real property in which the project entity
that owns the project has an ownership, leasehold, right-of-way, or permitted
interest.
(10)
"Governing authority" means a governing board or joint administrator.
(11)
(a)
"Governing board" means the body established in reliance on the authority
provided under Subsection
11-13-206(1)(b)
to govern an interlocal entity.
(b)
"Governing board" includes a board of directors described in an agreement, as
amended, that creates a project entity.
(c)
"Governing board" does not include a board as defined in Subsection
(2)
.
(12)
"Interlocal entity" means:
(a)
a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal
entity; or
(b)
a separate legal or administrative entity created under Section
11-13-205
.
(13)
"Joint administrator" means an administrator or joint board described in Section
11-13-207
to administer a joint or cooperative undertaking.
(14)
"Joint or cooperative undertaking" means an undertaking described in Section
11-13-207
that is not conducted by an interlocal entity.
(15)
"Member" means a public agency that, with another public agency, creates an
interlocal entity under Section
11-13-203
.
(16)
"Out-of-state public agency" means a public agency as defined in Subsection
(19)(c)
,
(d)
, or
(e)
.
(17)
(a)
"Project":
(i)
means an electric generation and transmission facility owned by a Utah interlocal
entity or an electric interlocal entity; and
(ii)
includes fuel facilities, fuel production facilities, fuel transportation facilities,
energy storage facilities, or water facilities that are:
(A)
owned by that Utah interlocal entity or electric interlocal entity; and
(B)
required for the generation and transmission facility.
(b)
"Project" includes a project entity's ownership interest in:
(i)
facilities that provide additional project capacity;
(ii)
facilities providing replacement project capacity;
(iii)
additional generating, transmission, fuel, fuel transportation, water, or other
facilities added to a project; and
(iv)
a Utah interlocal energy hub, as defined in Section
11-13-602
.
(18)
"Project entity" means a Utah interlocal entity or an electric interlocal entity that owns
a project as defined in this section.
(19)
"Public agency" means:
(a)
a city, town, county, school district, special district, special service district, an
interlocal entity, or other political subdivision of the state;
(b)
the state or any department, division, or agency of the state;
(c)
any agency of the United States;
(d)
any political subdivision or agency of another state or the District of Columbia
including any interlocal cooperation or joint powers agency formed under the
authority of the law of the other state or the District of Columbia; or
(e)
any Indian tribe, band, nation, or other organized group or community which is
recognized as eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
(20)
"Public agency insurance mutual" means the same as that term is defined in Subsection
31A-1-103(7)
.
(21)
"Qualified energy services interlocal entity" means an energy services interlocal entity
that at the time that the energy services interlocal entity acquires
its
the energy services
interlocal entity's
interest in facilities providing additional project capacity has at least
five members that are Utah public agencies.
(22)
"Replacement project capacity" means electric generating capacity or transmission
capacity that:
(a)
replaces all or a portion of the existing electric generating or transmission capacity of
a project; and
(b)
is provided by a facility that is on, adjacent to, in proximity to, or interconnected
with the site of a project, regardless of whether:
(i)
the capacity replacing existing capacity is less than or exceeds the generating or
transmission capacity of the project existing before installation of the capacity
replacing existing capacity;
(ii)
the capacity replacing existing capacity is owned by the project entity that is the
owner of the project, a segment established by the project entity, or a person with
whom the project entity or a segment established by the project entity has
contracted; or
(iii)
the facility that provides the capacity replacing existing capacity is constructed,
reconstructed, converted, repowered, acquired, leased, used, or installed before or
after any actual or anticipated reduction or modification to existing capacity of the
project.
(23)
"Reserve fund" means the same as that term is defined in Subsection
31A-1-103(7)
.
(24)
"Transportation reinvestment zone" means an area created by two or more public
agencies by interlocal agreement to capture increased property or sales tax revenue
generated by a transportation infrastructure project as described in Section
11-13-227
.
(25)
"Utah interlocal entity":
(a)
means an interlocal entity described in Subsection
11-13-203(2)
; and
(b)
includes a separate legal or administrative entity created under
Laws of Utah 1977,
Chapter 47
, Section 3, as amended.
(26)
"Utah public agency" means a public agency under Subsection
(19)(a)
or
(b)
.
Section 7. Section
17-80-101
is amended to read:
17-80-101
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Affordable housing" means housing offered for sale at 80% or less of the median
county home price for housing of that type.
(2)
"Agency" means the same as that term is defined in Section
17C-1-102
.
(3)
"Base taxable value" means a property's taxable value as shown upon the assessment
roll last equalized during the base year.
(4)
"Base year" means, for a proposed home ownership promotion zone area, a year
beginning the first day of the calendar quarter determined by the last equalized tax roll
before the adoption of the home ownership promotion zone.
(5)
"Division" means the
Housing and Community Development Division within the
Department of Workforce Services
Division of Housing and Community Development
within the Governor's Office of Economic Opportunity
.
(6)
"Home ownership promotion zone" means a home ownership promotion zone created in
accordance with this part.
(7)
"Implementation plan" means the implementation plan adopted as part of the moderate
income housing element of a specified county's general plan.
(8)
"Initial report" means the one-time moderate income housing report described in
Subsection
17-80-202(1)
.
(9)
"Internal accessory dwelling unit" means an accessory dwelling unit created:
(a)
within a primary dwelling;
(b)
within the footprint of the detached primary dwelling at the time the internal
accessory dwelling unit is created; and
(c)
for the purpose of offering a long-term rental of 30 consecutive days or longer.
(10)
"Moderate income housing strategy" means a strategy described in Section
17-80-201
.
(11)
"Participant" means the same as that term is defined in Section
17C-1-102
.
(12)
"Participation agreement" means the same as that term is defined in Section
17C-1-102
.
(13)
(a)
"Primary dwelling" means a single-family dwelling that:
(i)
is detached; and
(ii)
is occupied as the primary residence of the owner of record.
(b)
"Primary dwelling" includes a garage if the garage:
(i)
is a habitable space; and
(ii)
is connected to the primary dwelling by a common wall.
(14)
"Project improvements" means the same as that term is defined in Section
11-36a-102
.
(15)
"Report" means an initial report or a subsequent report described in Section
17-80-202
.
(16)
"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.
(17)
"Subsequent progress report" means the annual moderate income housing report
described in Section
17-80-202
.
(18)
"System improvements" means the same as that term is defined in Section
11-36a-102
.
(19)
"Tax commission" means the State Tax Commission created in Section
59-1-201
.
(20)
(a)
"Tax increment" means the difference between:
(i)
the amount of property tax revenue generated each tax year by a taxing entity from
the area within a home ownership promotion zone, using the current assessed
value and each taxing entity's current certified tax rate as defined in Section
59-2-924
; and
(ii)
the amount of property tax revenue that would be generated from that same area
using the base taxable value and each taxing entity's current certified tax rate as
defined in Section
59-2-924
.
(b)
"Tax increment" does not include property revenue from:
(i)
a multicounty assessing and collecting levy described in Subsection
59-2-1602(2)
;
or
(ii)
a county additional property tax described in Subsection
59-2-1602(4)
.
(21)
"Taxing entity" means the same as that term is defined in Section
17C-1-102
.
Section 8. Section
17-80-201
is amended to read:
17-80-201
Effective
07/01/26
. Moderate income housing plan required.
(1)
A moderate income housing element of a general plan shall include a moderate income
housing element that meets the requirements of this section.
(2)
For a specified county, as defined in Section
17-80-101
, a moderate income housing
element shall:
(a)
provide a realistic opportunity to meet the need for additional moderate income
housing within the next five years;
(b)
select three or more moderate income housing strategies described in Subsections
(3)(a)(ii)(A)
through
(V)
, or at least one moderate income housing strategy described
in Subsections
(3)(a)(ii)(W)
through
(BB)
, for implementation; and
(c)
include an implementation plan as provided in Subsection
(4)
.
(3)
(a)
In drafting the moderate income housing element, the county planning
commission shall:
(i)
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)
include an analysis of how the county will provide a realistic opportunity for the
development of moderate income housing within the planning horizon, including
a recommendation to implement three or more of the following moderate income
housing strategies:
(A)
rezone for densities necessary to facilitate the production of moderate income
housing;
(B)
demonstrate investment in the rehabilitation or expansion of infrastructure that
facilitates the construction of moderate income housing;
(C)
demonstrate investment in the rehabilitation of existing uninhabitable housing
stock into moderate income housing;
(D)
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)
zone or rezone for higher density or moderate income residential development
in commercial or mixed-use zones, commercial centers, or employment centers;
(G)
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 moderate income units in new developments;
(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;
(L)
reduce, waive, or eliminate impact fees related to moderate income housing;
(M)
demonstrate creation of, or participation in, a community land trust program
for moderate income housing;
(N)
implement a mortgage assistance program for employees of the county, an
employer that provides contracted services for the county, or any other public
employer that operates within the county;
(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
the
Division of Housing and Community Development within the Governor's
Office of Economic Opportunity
, 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;
(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;
(Q)
eliminate impact fees for any accessory dwelling unit that is not an internal
accessory dwelling unit as defined in Section
17-79-611
;
(R)
create a program to transfer development rights for moderate income housing;
(S)
ratify a joint acquisition agreement with another local political subdivision for
the purpose of combining resources to acquire property for moderate income
housing;
(T)
develop a moderate income housing project for residents who are disabled or
55 years old or older;
(U)
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;
(V)
demonstrate implementation of any other program or strategy 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;
(W)
create a housing and transit reinvestment zone in accordance with
Title 63N,
Chapter 3, Part 6
, Housing and Transit Reinvestment Zone Act;
(X)
create a home ownership investment zone in accordance with Part 5, Home
Ownership Promotion Zone;
(Y)
create a first home investment zone in accordance with
Title 63N, Chapter 3,
Part 16
, First Home Investment Zone Act;
(Z)
approve a project that receives funding from, or qualifies to receive funding
from, the Utah Homes Investment Program created in
Title 51, Chapter 12
,
Utah Homes Investment Program;
(AA)
adopt or approve a qualifying affordable home ownership density bonus for
single-family residential units, as described in Section
17-80-401
; and
(BB)
adopt or approve an affordable home ownership density bonus for
multi-family residential units, as described in Section
17-80-402
.
(b)
The planning commission shall identify each moderate income housing strategy
recommended to the legislative body for implementation by restating the exact
language used to describe the strategy in Subsection
(3)(a)(ii)
.
(4)
(a)
In drafting the implementation plan portion of the moderate income housing
element as described in Subsection
(2)(c)
, the planning commission shall recommend
to the legislative body the establishment of a five-year timeline for implementing
each of the moderate income housing strategies selected by the county for
implementation.
(b)
The timeline described in Subsection
(4)(a)
shall:
(i)
identify specific measures and benchmarks for implementing each moderate
income housing strategy selected by the county; and
(ii)
provide flexibility for the county to make adjustments as needed.
Section 9. Section
17-80-202
is amended to read:
17-80-202
Effective
07/01/26
. Moderate income housing report -- Contents --
Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil
actions.
(1)
(a)
The legislative body of a specified county shall annually submit an initial report to
the division.
(b)
(i)
This Subsection
(1)(b)
applies to a county that is not a specified county as of
January 1, 2023.
(ii)
As of January 1, if a county changes from one class to another or grows in
population to qualify as a specified county, the county shall submit an initial plan
to the division on or before August 1 of the first calendar year beginning on
January 1 in which the county qualifies as a specified county.
(c)
The initial report shall:
(i)
identify each moderate income housing strategy selected by the specified county
for continued, ongoing, or one-time implementation, using the exact language
used to describe the moderate income housing strategy; and
(ii)
include an implementation plan.
(2)
(a)
After the division approves a specified county's initial report under this section,
the specified county shall, as an administrative act, annually submit to the division a
subsequent progress report on or before August 1 of each year after the year in which
the specified county is required to submit the initial report.
(b)
The subsequent progress report shall include:
(i)
subject to Subsection
(2)(c)
, a description of each action, whether one-time or
ongoing, taken by the specified county during the previous 12-month period to
implement the moderate income housing strategies identified in the initial report
for implementation;
(ii)
a description of each land use regulation or land use decision made by the
specified county during the previous 12-month period 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;
(iii)
a description of any barriers encountered by the specified county in the previous
12-month period in implementing the moderate income housing strategies;
(iv)
the number of residential dwelling units that have been entitled that have not
received a building permit as of the submission date of the progress report;
(v)
shapefiles, or website links if shapefiles are not available, to current maps and
tables related to zoning;
(vi)
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 or comparable license or permit to rent;
(vii)
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
(viii)
any recommendations on how the state can support the specified county in
implementing the moderate income housing strategies.
(c)
For purposes of describing actions taken by a specified county under Subsection
(2)(b)(i)
, the specified county may include an ongoing action taken by the specified
county before the 12-month reporting period applicable to the subsequent progress
report if the specified county:
(i)
has already adopted an ordinance, approved a land use application, made an
investment, or approved an agreement or financing that substantially promotes the
implementation of a moderate income housing strategy identified in the initial
report; and
(ii)
demonstrates in the subsequent progress report that the action taken under
Subsection
(2)(b)(i)
is relevant to making meaningful progress towards the
specified county's implementation plan.
(d)
A specified county's report shall be in a form:
(i)
approved by the division; and
(ii)
made available by the division on or before May 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 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 this section.
(4)
(a)
An initial report complies with this section if the report:
(i)
includes the information required under Subsection
(1)(c)
;
(ii)
demonstrates to the division that the specified county made plans to implement
three or more moderate income housing strategies described in Subsections
17-80-201(3)(a)(ii)(A)
through
(V)
or at least one moderate income housing
strategy described in Subsections
17-80-201(3)(a)(ii)(W)
through
(BB)
; and
(iii)
is in a form approved by the division.
(b)
A subsequent progress report complies with this section if the report:
(i)
demonstrates to the division that the specified county made plans to implement or
is implementing three or more moderate income housing strategies described in
Subsections
17-80-201(3)(a)(ii)(A)
though (V) or at least one moderate income
housing strategy described in Subsections
17-80-201(3)(a)(ii)(W)
through
(BB)
;
(ii)
is in a form approved by the division; and
(iii)
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;
(D)
identify how the market has responded to the specified county's selected
moderate income housing strategies; and
(E)
identify any barriers encountered by the specified county in implementing the
selected moderate income housing strategies.
(c)
If a specified county initial report or subsequent progress report demonstrates the
county plans to implement or is implementing at least one moderate income housing
strategy described in Subsections
17-80-201(3)(a)(ii)(W)
through
(BB)
, the division
shall also consider the specified county compliant with the reporting requirement
described in this section for:
(i)
the year in which the specified county submits the report; and
(ii)
two subsequent reporting years.
(5)
(a)
A specified county qualifies for priority consideration under this Subsection
(5)
if
the specified county's report:
(i)
complies with this section; and
(ii)
demonstrates to the division that the specified county made plans to implement
five or more moderate income housing strategies.
(b)
The Transportation Commission may, in accordance with Subsection
72-1-304(3)(c)
,
give priority consideration to transportation projects located within the
unincorporated areas of a specified county described in Subsection
(5)(a)
until the
Department of Transportation receives notice from the division under Subsection
(5)(e)
.
(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 and the Department of Transportation.
(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; and
(iii)
state the basis for the division's determination that the specified county qualifies
for priority consideration.
(e)
The division shall notify the legislative body of a specified county and the
Department of Transportation in writing if the division determines that the specified
county no longer qualifies for priority consideration under this Subsection
(5)
.
(6)
(a)
If the division, after reviewing a specified county's report, determines that the
report does not comply with this section, the division shall send a notice of
noncompliance to the legislative body of the specified county.
(b)
A specified county that receives a notice of noncompliance may:
(i)
cure each deficiency in the report within 90 days after the day on which the notice
of noncompliance is sent; or
(ii)
request an appeal of the division's determination of noncompliance within 10
days after the day on which the notice of noncompliance is sent.
(c)
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:
(A)
submit to the division a corrected report that cures each deficiency in the
report within 90 days after the day on which the notice of noncompliance is
sent; or
(B)
submit to the division a request for an appeal of the division's determination of
noncompliance within 10 days after the day on which the notice of
noncompliance is sent; and
(iii)
state that failure to take action under Subsection
(6)(c)(ii)
will result in the
specified county's ineligibility for funds and fees owed under Subsection
(8)
.
(d)
For purposes of curing the deficiencies in a report under this Subsection
(6)
, if the
action needed to cure the deficiency as described by the division requires the
specified county to make a legislative change, the specified county may cure the
deficiency by making that legislative change within the 90-day cure period.
(e)
(i)
If a specified county submits to the division a corrected report in accordance
with Subsection
(6)(b)(i)
, and the division determines that the corrected report
does not comply with this section, the division shall send a second notice of
noncompliance to the legislative body of the specified county.
(ii)
A specified county that receives a second notice of noncompliance may request
an appeal of the division's determination of noncompliance within 10 days after
the day on which the second notice of noncompliance is sent.
(iii)
The notice described in Subsection
(6)(e)(i)
shall:
(A)
state that the specified county has an opportunity to submit to the division a
request for an appeal of the division's determination of noncompliance within
10 days after the day on which the second notice of noncompliance is sent; and
(B)
state that failure to take action under Subsection
(6)(e)(iii)(A)
will result in the
specified county's ineligibility for funds under Subsection
(8)
.
(7)
(a)
A specified county that receives a notice of noncompliance under Subsection
(6)(a)

or
(6)(e)(i)
may request an appeal of the division's determination of noncompliance
within 10 days after the day on which the notice of noncompliance is sent.
(b)
Within 90 days after the day on which the division receives a request for an appeal,
an appeal board consisting of the following three members shall review and issue a
written decision on the appeal:
(i)
one individual appointed by the Utah Association of Counties;
(ii)
one individual appointed by the Utah Homebuilders Association; and
(iii)
one individual appointed by the presiding member of the association of
governments, established in accordance with an interlocal agreement under Title
11, Chapter 13
, Interlocal Cooperation Act, of which the specified county is a
member.
(c)
The written decision of the appeal board shall either uphold or reverse the division's
determination of noncompliance.
(d)
The appeal board's written decision on the appeal is final.
(8)
(a)
A specified county is ineligible for funds and owes a fee under this Subsection
(8)

if:
(i)
the specified county fails to submit a report to the division;
(ii)
after submitting a report to the division, the division determines that the report
does not comply with this section and the specified county fails to:
(A)
cure each deficiency in the report within 90 days after the day on which the
notice of noncompliance is sent; or
(B)
request an appeal of the division's determination of noncompliance within 10
days after the day on which the notice of noncompliance is sent;
(iii)
after submitting to the division a corrected report to cure the deficiencies in a
previously submitted report, the division determines that the corrected report does
not comply with this section and the specified county fails to request an appeal of
the division's determination of noncompliance within 10 days after the day on
which the second notice of noncompliance is sent; or
(iv)
after submitting a request for an appeal under Subsection
(7)
, the appeal board
issues a written decision upholding the division's determination of noncompliance.
(b)
The following apply to a specified county described in Subsection
(8)(a)
until the
division provides notice under Subsection
(8)(e)
:
(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)
;
(ii)
beginning with the report submitted in 2024, the specified county shall pay a fee
to the Olene Walker Housing Loan Fund in the amount of $250 per day that the
specified county:
(A)
fails to submit the report to the division in accordance with this section,
beginning the day after the day on which the report was due; or
(B)
fails to cure the deficiencies in the report, beginning the day after the day by
which the cure was required to occur as described in the notice of
noncompliance under Subsection
(6)
; and
(iii)
beginning with the report submitted in 2025, the specified county shall pay a fee
to the Olene Walker Housing Loan Fund in the amount of $500 per day that the
specified county, for a consecutive year:
(A)
fails to submit the report to the division in accordance with this section,
beginning the day after the day on which the report was due; or
(B)
fails to cure the deficiencies in the report, beginning the day after the day by
which the cure was required to occur as described in the notice of
noncompliance under Subsection
(6)
.
(c)
Upon determining that a specified county is ineligible for funds under this
Subsection
(8)
, and is required to pay a fee under Subsection
(8)(b)
, if applicable, the
division shall send a notice of ineligibility to the legislative body of the specified
county, the Department of Transportation, the State Tax Commission, and the
Governor's Office of Planning and Budget.
(d)
The notice described in Subsection
(8)(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)
describe the fee the specified county is required to pay under Subsection
(8)(b)
,
if applicable; and
(iv)
state the basis for the division's determination that the specified county is
ineligible for funds.
(e)
The division shall notify the legislative body of a specified county and the
Department of Transportation in writing if the division determines that the provisions
of this Subsection
(8)
no longer apply to the specified county.
(f)
The division may not determine that a specified county that is required to pay a fee
under Subsection
(8)(b)
is in compliance with the reporting requirements of this
section until the specified county pays all outstanding fees required under Subsection
(8)(b)
to the Olene Walker Housing Loan Fund, created
under
Title 35A, Chapter 8,
Part 5
, Olene Walker Housing Loan Fund
in Section
63N-22-302
.
(9)
In a civil action seeking enforcement or claiming a violation of this section or of
Subsection
17-79-404(5)(c)
, a plaintiff may not recover damages but may be awarded
only injunctive or other equitable relief.
Section 10. Section
17B-1-612
is amended to read:
17B-1-612
Effective
07/01/26
. Accumulated fund balances -- Limitations --
Excess balances -- Unanticipated excess of revenues -- Reserves for capital projects.
(1)
(a)
A special district may accumulate retained earnings or fund balances, as
appropriate, in any fund.
(b)
For the general fund only, a special district may only use an accumulated fund
balance to:
(i)
provide working capital to finance expenditures from the beginning of the budget
year until general property taxes or other applicable revenues are collected,
subject to Subsection
(1)(c)
;
(ii)
provide a resource to meet emergency expenditures under Section
17B-1-623
; and
(iii)
cover a pending year-end excess of expenditures over revenues from an
unavoidable shortfall in revenues, subject to Subsection
(1)(d)
.
(c)
Subsection
(1)(b)(i)
does not authorize a special district to appropriate a fund balance
for budgeting purposes, except as provided in Subsection
(4)
.
(d)
Subsection
(1)(b)(iii)
does not authorize a special district to appropriate a fund
balance to avoid an operating deficit during a budget year except:
(i)
as provided under Subsection
(4)
; or
(ii)
for emergency purposes under Section
17B-1-623
.
(2)
(a)
Except as provided in Subsection
(2)(b)
, the accumulation of a fund balance in the
general fund may not exceed the most recently adopted general fund budget, plus
100% of the current year's property tax.
(b)
Notwithstanding Subsection
(2)(a)
, a special district may accumulate in the general
fund mineral lease revenue that the special district receives from the United States
under the Mineral Lands Leasing Act, 30 U.S.C. Sec. 181 et seq., through a
distribution under:
(i)
Title 35A, Chapter 8, Part 3, Community Impact Fund Act
Title 63N, Chapter 22,
Part 5, Community Impact Fund
; or
(ii)
Title 59, Chapter 21, Mineral Lease Funds
.
(3)
If the fund balance at the close of any fiscal year exceeds the amount permitted under
Subsection
(2)
, the district shall appropriate the excess in accordance with Section
17B-1-613
.
(4)
A special district may utilize any fund balance in excess of 5% of the total revenues of
the general fund for budget purposes.
(5)
(a)
Within a capital projects fund, the board of trustees may, in any budget year,
appropriate from estimated revenue or fund balance to a reserve for capital projects
for the purpose of financing future specific capital projects, including new
construction, capital repairs, replacement, and maintenance, under a formal
long-range capital plan that the board of trustees adopts.
(b)
A special district may allow a reserve amount under Subsection
(5)(a)
to accumulate
from year to year until the accumulated total is sufficient to permit economical
expenditure for the specified purposes.
(c)
A special district may disburse from a reserve account under Subsection
(5)(a)
only
by a budget appropriation that the special district adopts in accordance with this part.
(d)
A special district shall ensure that the expenditures from the appropriation budget
accounts described in this Subsection
(5)
conform to all requirements of this part
relating to execution and control of budgets.
Section 11. Section
17C-1-102
is amended to read:
17C-1-102
Effective
07/01/26
. Definitions.
As used in this title:
(1)
"Active project area" means a project area that has not been dissolved in accordance
with Section
17C-1-702
.
(2)
"Adjusted tax increment" means the percentage of tax increment, if less than 100%, that
an agency is authorized to receive:
(a)
for a pre-July 1, 1993, project area plan, under Section
17C-1-403
, excluding tax
increment under Subsection
17C-1-403(3)
;
(b)
for a post-June 30, 1993, project area plan, under Section
17C-1-404
, excluding tax
increment under Section
17C-1-406
;
(c)
under a project area budget approved by a taxing entity committee; or
(d)
under an interlocal agreement that authorizes the agency to receive a taxing entity's
tax increment.
(3)
"Affordable housing" means housing owned or occupied by a low or moderate income
family, as determined by resolution of the agency.
(4)
"Agency" or "community reinvestment agency" means a separate body corporate and
politic, created under Section
17C-1-201.5
or as a redevelopment agency or community
development and renewal agency under previous law:
(a)
that is a political subdivision of the state;
(b)
that is created to undertake or promote project area development as provided in this
title; and
(c)
whose geographic boundaries are coterminous with:
(i)
for an agency created by a county, the unincorporated area of the county; and
(ii)
for an agency created by a municipality, the boundaries of the municipality.
(5)
"Agency funds" means money that an agency collects or receives for agency operations,
implementing a project area plan or an implementation plan as defined in Section
17C-1-1001
, or other agency purposes, including:
(a)
project area funds;
(b)
income, proceeds, revenue, or property derived from or held in connection with the
agency's undertaking and implementation of project area development or
agency-wide project development as defined in Section
17C-1-1001
;
(c)
a contribution, loan, grant, or other financial assistance from any public or private
source;
(d)
project area incremental revenue as defined in Section
17C-1-1001
; or
(e)
property tax revenue as defined in Section
17C-1-1001
.
(6)
"Annual income" means the same as that term is defined in regulations of the United
States Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as
amended or as superseded by replacement regulations.
(7)
"Assessment roll" means the same as that term is defined in Section
59-2-102
.
(8)
"Base taxable value" means, unless otherwise adjusted in accordance with provisions of
this title, a property's taxable value as shown upon the assessment roll last equalized
during the base year.
(9)
"Base year" means, except as provided in Subsection
17C-1-402(4)(c)
, the year during
which the assessment roll is last equalized:
(a)
for a pre-July 1, 1993, urban renewal or economic development project area plan,
before the project area plan's effective date;
(b)
for a post-June 30, 1993, urban renewal or economic development project area plan,
or a community reinvestment project area plan that is subject to a taxing entity
committee:
(i)
before the date on which the taxing entity committee approves the project area
budget; or
(ii)
if taxing entity committee approval is not required for the project area budget,
before the date on which the community legislative body adopts the project area
plan;
(c)
for a project on an inactive airport site, after the later of:
(i)
the date on which the inactive airport site is sold for remediation and
development; or
(ii)
the date on which the airport that operated on the inactive airport site ceased
operations; or
(d)
for a community development project area plan or a community reinvestment project
area plan that is subject to an interlocal agreement, as described in the interlocal
agreement.
(10)
"Basic levy" means the portion of a school district's tax levy constituting the minimum
basic levy under Section
59-2-902
.
(11)
"Board" means the governing body of an agency, as described in Section
17C-1-203
.
(12)
"Budget hearing" means the public hearing on a proposed project area budget required
under Subsection
17C-2-201(2)(d)
for an urban renewal project area budget, Subsection
17C-3-201(2)(d)
for an economic development project area budget, or Subsection
17C-5-302(2)(e)
for a community reinvestment project area budget.
(13)
"Closed military base" means land within a former military base that the Defense Base
Closure and Realignment Commission has voted to close or realign when that action has
been sustained by the president of the United States and Congress.
(14)
"Combined incremental value" means the combined total of all incremental values
from all project areas, except project areas that contain some or all of a military
installation or inactive industrial site, within the agency's boundaries under project area
plans and project area budgets at the time that a project area budget for a new project
area is being considered.
(15)
"Community" means a county or municipality.
(16)
"Community development project area plan" means a project area plan adopted under
Chapter
4, Part 1
, Community Development Project Area Plan.
(17)
"Community legislative body" means the legislative body of the community that
created the agency.
(18)
"Community reinvestment project area plan" means a project area plan adopted under
Chapter
5, Part 1
, Community Reinvestment Project Area Plan.
(19)
"Contest" means to file a written complaint in a court with jurisdiction under Title
78A, Judiciary and Judicial Administration
, and in a county in which the agency is
located if the action is filed in the district court.
(20)
"Development impediment" means a condition of an area that meets the requirements
described in Section
17C-2-303
for an urban renewal project area or Section
17C-5-405

for a community reinvestment project area.
(21)
"Development impediment hearing" means a public hearing regarding whether a
development impediment exists within a proposed:
(a)
urban renewal project area under Subsection
17C-2-102(1)(a)(i)(C)
and Section
17C-2-302
; or
(b)
community reinvestment project area under Section
17C-5-404
.
(22)
"Development impediment study" means a study to determine whether a development
impediment exists within a survey area as described in Section
17C-2-301
for an urban
renewal project area or Section
17C-5-403
for a community reinvestment project area.
(23)
"Economic development project area plan" means a project area plan adopted under
Chapter
3, Part 1
, Economic Development Project Area Plan.
(24)
"Fair share ratio" means the ratio derived by:
(a)
for a municipality, comparing the percentage of all housing units within the
municipality that are publicly subsidized income targeted housing units to the
percentage of all housing units within the county in which the municipality is located
that are publicly subsidized income targeted housing units; or
(b)
for the unincorporated part of a county, comparing the percentage of all housing
units within the unincorporated county that are publicly subsidized income targeted
housing units to the percentage of all housing units within the whole county that are
publicly subsidized income targeted housing units.
(25)
"Family" means the same as that term is defined in regulations of the United States
Department of Housing and Urban Development, 24 C.F.R. Section 5.403, as amended
or as superseded by replacement regulations.
(26)
"Greenfield" means land not developed beyond agricultural, range, or forestry use.
(27)
"Hazardous waste" means any substance defined, regulated, or listed as a hazardous
substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or
toxic substance, or identified as hazardous to human health or the environment, under
state or federal law or regulation.
(28)
"Housing allocation" means project area funds allocated for housing under Section
17C-2-203
,
17C-3-202
, or
17C-5-307
for the purposes described in Section
17C-1-412
.
(29)
"Housing fund" means a fund created by an agency for purposes described in Section
17C-1-411
or
17C-1-412
that is comprised of:
(a)
project area funds, project area incremental revenue as defined in Section
17C-1-1001
,
or property tax revenue as defined in Section
17C-1-1001
allocated for the purposes
described in Section
17C-1-411
; or
(b)
an agency's housing allocation.
(30)
(a)
"Inactive airport site" means land that:
(i)
consists of at least 100 acres;
(ii)
is occupied by an airport:
(A)
(I)
that is no longer in operation as an airport; or
(II)
(Aa)
that is scheduled to be decommissioned; and
(Bb)
for which a replacement commercial service airport is under
construction; and
(B)
that is owned or was formerly owned and operated by a public entity; and
(iii)
requires remediation because:
(A)
of the presence of hazardous waste or solid waste; or
(B)
the site lacks sufficient public infrastructure and facilities, including public
roads, electric service, water system, and sewer system, needed to support
development of the site.
(b)
"Inactive airport site" includes a perimeter of up to 2,500 feet around the land
described in Subsection
(30)(a)
.
(31)
(a)
"Inactive industrial site" means land that:
(i)
consists of at least 1,000 acres;
(ii)
is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
facility; and
(iii)
requires remediation because of the presence of hazardous waste or solid waste.
(b)
"Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
described in Subsection
(31)(a)
.
(32)
"Income targeted housing" means housing that is:
(a)
owned and occupied by a family whose annual income is at or below 120% of the
median annual income for a family within the county in which the housing is located;
or
(b)
occupied by a family whose annual income is at or below 80% of the median annual
income for a family within the county in which the housing is located.
(33)
"Incremental value" means a figure derived by multiplying the marginal value of the
property located within a project area on which tax increment is collected by a number
that represents the adjusted tax increment from that project area that is paid to the
agency.
(34)
"Loan fund board" means the Olene Walker Housing Loan Fund Board,
established
under Title
35A, Chapter 8, Part 5
, Olene Walker Housing Loan Fund
created in Section
63N-22-303
.
(35)
(a)
" Local government building" means a building owned and operated by a
community for the primary purpose of providing one or more primary community
functions, including:
(i)
a fire station;
(ii)
a police station;
(iii)
a city hall; or
(iv)
a court or other judicial building.
(b)
" Local government building" does not include a building the primary purpose of
which is cultural or recreational in nature.
(36)
"Low-income individual" means the same as that term is defined in Section
35A-8-504.5
63N-22-101
.
(37)
"Major transit investment corridor" means the same as that term is defined in Section
10-20-102
.
(38)
"Marginal value" means the difference between actual taxable value and base taxable
value.
(39)
"Military installation project area" means a project area or a portion of a project area
located within a federal military installation ordered closed by the federal Defense Base
Realignment and Closure Commission.
(40)
"Municipality" means a city or town.
(41)
"Non-profit housing fund" means:
(a)
an organization that meets the definition of "housing organization" in Section
35A-8-2401
63N-22-316
;
(b)
a registered nonprofit that assists veterans or individuals who work in public service
to achieve homeownership in the state;
(c)
a registered nonprofit that:
(i)
assists low-income individuals or families who would qualify for income targeted
housing to achieve homeownership in the state; and
(ii)
provides direct support to help a low-income individual or a family eligible for
income targeted housing to retain ownership of a home, including through
rehabilitation services, lending for rehabilitation, or foreclosure mitigation
counseling that results in retention of the home, refinancing, or a reverse mortgage;
(d)
a registered nonprofit that partners with a community to promote affordable housing
for the workforce in that community; or
(e)
a registered nonprofit established to administer housing programs on behalf of an
association representing 10 or more counties in the state.
(42)
"Participant" means one or more persons that enter into a participation agreement with
an agency.
(43)
"Participation agreement" means a written agreement between a person and an agency
under Subsection
17C-1-202(5)
.
(44)
"Plan hearing" means the public hearing on a proposed project area plan required
under Subsection
17C-2-102(1)(a)(vi)
for an urban renewal project area plan, Subsection
17C-3-102(1)(d)
for an economic development project area plan, Subsection
17C-4-102(1)(d)
for a community development project area plan, or Subsection
17C-5-104(3)(e)
for a community reinvestment project area plan.
(45)
"Post-June 30, 1993, project area plan" means a project area plan adopted on or after
July 1, 1993, and before May 10, 2016, whether or not amended subsequent to the
project area plan's adoption.
(46)
"Pre-July 1, 1993, project area plan" means a project area plan adopted before July 1,
1993, whether or not amended subsequent to the project area plan's adoption.
(47)
"Private," with respect to real property, means property not owned by a public entity or
any other governmental entity.
(48)
"Project area" means the geographic area described in a project area plan within which
the project area development described in the project area plan takes place or is
proposed to take place.
(49)
"Project area budget" means a multiyear projection of annual or cumulative revenues
and expenses and other fiscal matters pertaining to a project area prepared in accordance
with:
(a)
for an urban renewal project area, Section
17C-2-201
;
(b)
for an economic development project area, Section
17C-3-201
;
(c)
for a community development project area, Section
17C-4-204
; or
(d)
for a community reinvestment project area, Section
17C-5-302
.
(50)
"Project area development" means activity within a project area that, as determined by
the board, encourages, promotes, or provides development or redevelopment for the
purpose of implementing a project area plan, including:
(a)
promoting, creating, or retaining public or private jobs within the state or a
community;
(b)
providing office, manufacturing, warehousing, distribution, parking, or other
facilities or improvements;
(c)
planning, designing, demolishing, clearing, constructing, rehabilitating, or
remediating environmental issues;
(d)
providing residential, commercial, industrial, public, or other structures or spaces,
including recreational and other facilities incidental or appurtenant to the structures
or spaces;
(e)
altering, improving, modernizing, demolishing, reconstructing, or rehabilitating
existing structures;
(f)
providing open space, including streets or other public grounds or space around
buildings;
(g)
providing public or private buildings, infrastructure, structures, or improvements;
(h)
relocating a business;
(i)
improving public or private recreation areas or other public grounds;
(j)
eliminating a development impediment or the causes of a development impediment;
(k)
redevelopment as defined under the law in effect before May 1, 2006; or
(l)
any activity described in this Subsection
(50)
outside of a project area that the board
determines to be a benefit to the project area.
(51)
"Project area funds" means tax increment or sales and use tax revenue that an agency
receives under a project area budget adopted by a taxing entity committee or an
interlocal agreement.
(52)
"Project area funds collection period" means the period of time that:
(a)
begins the day on which the first payment of project area funds is distributed to an
agency under a project area budget approved by a taxing entity committee or an
interlocal agreement; and
(b)
ends the day on which the last payment of project area funds is distributed to an
agency under a project area budget approved by a taxing entity committee or an
interlocal agreement.
(53)
"Project area plan" means an urban renewal project area plan, an economic
development project area plan, a community development project area plan, or a
community reinvestment project area plan that, after the project area plan's effective
date, guides and controls the project area development.
(54)
(a)
"Property tax" means each levy on an ad valorem basis on tangible or intangible
personal or real property.
(b)
"Property tax" includes a privilege tax imposed under Title
59, Chapter 4
, Privilege
Tax.
(55)
"Public entity" means:
(a)
the United States, including an agency of the United States;
(b)
the state, including any of the state's departments or agencies; or
(c)
a political subdivision of the state, including a county, municipality, school district,
special district, special service district, community reinvestment agency, or interlocal
cooperation entity.
(56)
"Publicly owned infrastructure and improvements" means water, sewer, storm
drainage, electrical, natural gas, telecommunication, or other similar systems and lines,
streets, roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation
facilities, or other facilities, infrastructure, and improvements benefitting the public and
to be publicly owned or publicly maintained or operated.
(57)
"Record property owner" or "record owner of property" means the owner of real
property, as shown on the records of the county in which the property is located, to
whom the property's tax notice is sent.
(58)
"Sales and use tax revenue" means revenue that is:
(a)
generated from a tax imposed under Title
59, Chapter 12
, Sales and Use Tax Act; and
(b)
distributed to a taxing entity in accordance with Sections
59-12-204
and
59-12-205
.
(59)
"Superfund site":
(a)
means an area included in the National Priorities List under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec.
9605; and
(b)
includes an area formerly included in the National Priorities List, as described in
Subsection
(59)(a)
, but removed from the list following remediation that leaves on
site the waste that caused the area to be included in the National Priorities List.
(60)
"Survey area" means a geographic area designated for study by a survey area
resolution to determine whether:
(a)
one or more project areas within the survey area are feasible; or
(b)
a development impediment exists within the survey area.
(61)
"Survey area resolution" means a resolution adopted by a board that designates a
survey area.
(62)
"Taxable value" means:
(a)
the taxable value of all real property a county assessor assesses in accordance with
Title
59, Chapter 2, Part 3
, County Assessment, for the current year;
(b)
the taxable value of all real and personal property the commission assesses in
accordance with Title
59, Chapter 2, Part 2
, Assessment of Property, for the current
year; and
(c)
the year end taxable value of all personal property a county assessor assesses in
accordance with Title
59, Chapter 2, Part 3
, County Assessment, contained on the
prior year's tax rolls of the taxing entity.
(63)
(a)
"Tax increment" means the difference between:
(i)
the amount of property tax revenue generated each tax year by a taxing entity from
the area within a project area designated in the project area plan as the area from
which tax increment is to be collected, using the current assessed value of the
property and each taxing entity's current certified tax rate as defined in Section
59-2-924
; and
(ii)
the amount of property tax revenue that would be generated from that same area
using the base taxable value of the property and each taxing entity's current
certified tax rate as defined in Section
59-2-924
.
(b)
"Tax increment" does not include taxes levied and collected under Section
59-2-1602

on or after January 1, 1994, upon the taxable property in the project area unless:
(i)
the project area plan was adopted before May 4, 1993, whether or not the project
area plan was subsequently amended; and
(ii)
the taxes were pledged to support bond indebtedness or other contractual
obligations of the agency.
(64)
"Taxing entity" means a public entity that:
(a)
levies a tax on property located within a project area; or
(b)
imposes a sales and use tax under Title
59, Chapter 12
, Sales and Use Tax Act.
(65)
"Taxing entity committee" means a committee representing the interests of taxing
entities, created in accordance with Section
17C-1-402
.
(66)
"Unincorporated" means not within a municipality.
(67)
"Urban renewal project area plan" means a project area plan adopted under Chapter
2,
Part 1
, Urban Renewal Project Area Plan.
(68)
"Veteran" means the same as that term is defined in Section
68-3-12.5
.
Section 12. Section
17C-1-412
is amended to read:
17C-1-412
Effective
07/01/26
. Use of housing allocation -- Separate accounting
required -- Issuance of bonds for housing -- Action to compel agency to provide housing
allocation.
(1)
(a)
An agency shall use the agency's housing allocation to:
(i)
pay part or all of the cost of land or construction of income targeted housing
within the boundary of the agency, if practicable in a mixed income development
or area;
(ii)
pay part or all of the cost of rehabilitation of income targeted housing within the
boundary of the agency;
(iii)
lend, grant, or contribute money to a person, public entity, housing authority,
private entity or business, or nonprofit corporation for income targeted housing
within the boundary of the agency;
(iv)
plan or otherwise promote income targeted housing within the boundary of the
agency;
(v)
pay part or all of the cost of land or installation, construction, or rehabilitation of
any building, facility, structure, or other housing improvement, including
infrastructure improvements, related to housing located in a project area where a
board has determined that a development impediment exists;
(vi)
replace housing units lost as a result of the project area development;
(vii)
make payments on or establish a reserve fund for bonds:
(A)
issued by the agency, the community, or the housing authority that provides
income targeted housing within the community; and
(B)
all or part of the proceeds of which are used within the community for the
purposes stated in Subsection
(1)(a)(i)
, (ii), (iii), (iv), (v), or (vi);
(viii)
if the community's fair share ratio at the time of the first adoption of the project
area budget is at least 1.1 to 1.0, make payments on bonds:
(A)
that were previously issued by the agency, the community, or the housing
authority that provides income targeted housing within the community; and
(B)
all or part of the proceeds of which were used within the community for the
purposes stated in Subsection
(1)(a)(i)
, (ii), (iii), (iv), (v), or (vi);
(ix)
relocate mobile home park residents displaced by project area development;
(x)
subject to Subsection
(7)
, transfer funds to a community that created the agency;
or
(xi)
pay for or make a contribution toward the acquisition, construction, or
rehabilitation of housing that:
(A)
is located in the same county as the agency;
(B)
is owned in whole or in part by, or is dedicated to supporting, a public
nonprofit college or university; and
(C)
only students of the relevant college or university, including the students'
immediate families, occupy.
(b)
As an alternative to the requirements of Subsection
(1)(a)
, an agency may pay all or
any portion of the agency's housing allocation to:
(i)
the community for use as described in Subsection
(1)(a)
;
(ii)
a housing authority that provides income targeted housing within the community
for use in providing income targeted housing within the community;
(iii)
a housing authority established by the county in which the agency is located for
providing:
(A)
income targeted housing within the county;
(B)
permanent housing, permanent supportive housing, or a transitional facility, as
defined in Section
35A-5-302
, within the county; or
(C)
homeless assistance within the county;
(iv)
the Olene Walker Housing Loan Fund,
established under Title 35A, Chapter 8,
Part 5, Olene Walker Housing Loan Fund
created in Section
63N-22-302
, for use
in providing income targeted housing within the community;
(v)
pay for or make a contribution toward the acquisition, construction, or
rehabilitation of income targeted housing that is outside of the community if the
housing is located along or near a major transit investment corridor that services
the community and the related project has been approved by the community in
which the housing is or will be located;
(vi)
pay for or make a contribution toward the acquisition, construction, or
rehabilitation of income targeted housing that is outside of the boundary of the
agency if there is an interlocal agreement between the agency and the receiving
community;
(vii)
pay for or make a contribution toward the expansion of child care facilities
within the boundary of the agency, provided that any recipient of funds from the
agency's housing allocation reports annually to the agency on how the funds were
used; or
(viii)
a non-profit housing fund, for use in assisting individuals or families within the
community to achieve homeownership or retain homeownership, in accordance
with:
(A)
the mission of the non-profit housing fund; and
(B)
a written agreement between the non-profit housing fund and the agency,
governing appropriate uses of housing allocation funds.
(2)
(a)
An agency may combine all or any portion of the agency's housing allocation with
all or any portion of one or more additional agency's housing allocations if the
agencies execute an interlocal agreement in accordance with Title 11, Chapter 13,
Interlocal Cooperation Act.
(b)
An agency that has entered into an interlocal agreement as described in Subsection
(2)(a)
, meets the requirements of Subsection
(1)(a)
or
(1)(b)
if the use of the housing
allocation meets the requirements for at least one agency that is a party to the
interlocal agreement.
(3)
The agency shall create a housing fund and separately account for the agency's housing
allocation, together with all interest earned by the housing allocation and all payments or
repayments for loans, advances, or grants from the housing allocation.
(4)
An agency may:
(a)
issue bonds to finance a housing-related project under this section, including the
payment of principal and interest upon advances for surveys and plans or preliminary
loans; and
(b)
issue refunding bonds for the payment or retirement of bonds under Subsection
(4)(a)

previously issued by the agency.
(5)
(a)
Except as provided in Subsection
(5)(b)
, an agency shall allocate money to the
housing fund each year in which the agency receives sufficient tax increment to make
a housing allocation required by the project area budget.
(b)
Subsection
(5)(a)
does not apply in a year in which tax increment is insufficient.
(6)
(a)
Except as provided in Subsection
(5)(b)
, if an agency fails to provide a housing
allocation in accordance with the project area budget and the housing plan adopted
under Subsection
17C-2-204(2)
, the loan fund board may bring legal action to
compel the agency to provide the housing allocation.
(b)
In an action under Subsection
(6)(a)
, the court:
(i)
shall award the loan fund board reasonable attorney fees, unless the court finds
that the action was frivolous; and
(ii)
may not award the agency the agency's attorney fees, unless the court finds that
the action was frivolous.
(7)
For the purpose of offsetting the community's annual local contribution to the Homeless
Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in a
calendar year to a community under Subsections
(1)(a)(x)
,
17C-1-409(1)(a)(v)
, and
17C-1-411(1)(d)
may not exceed the community's annual local contribution as defined
in Subsection
59-12-205(5)
.
(8)
An agency shall spend, encumber, or allot the money contributed to the housing fund
under Subsection
(5)(a)
within six years from the day on which the agency first receives
the money.
Section 13. Section
26B-3-209
is amended to read:
26B-3-209
Effective
07/01/26
. Medicaid long-term support services housing
coordinator.
(1)
There is created within the Medicaid program a full-time-equivalent position of
Medicaid long-term support services housing coordinator.
(2)
The coordinator shall help Medicaid recipients receive long-term support services in a
home or other community-based setting rather than in a nursing home or other
institutional setting by:
(a)
working with municipalities, counties, the
Housing and Community Development
Division
Division of Community Services
within the Department of Workforce
Services,
the Division of Housing and Community Development within the
Governor's Office of Economic Opportunity,
and others to identify community-based
settings available to recipients;
(b)
working with the same entities to promote the development, construction, and
availability of additional community-based settings;
(c)
training Medicaid case managers and support coordinators on how to help Medicaid
recipients move from an institutional setting to a community-based setting; and
(d)
performing other related duties.
Section 14. Section
35A-1-202
is amended to read:
35A-1-202
Effective
07/01/26
Partially Repealed
07/01/26
. Divisions --
Creation -- Duties -- Workforce Appeals Board, councils, Child Care Advisory
Committee, and economic service areas.
(1)
There is created within the department the following divisions:
(a)
the Workforce Development Division to administer the development and
implementation of employment assistance programs;
(b)
the Workforce Research and Analysis Division;
(c)
the Unemployment Insurance Division to administer
Chapter 4, Employment
Security Act
;
(d)
the Eligibility Services Division to administer public assistance eligibility;
(e)
the Division of Adjudication to adjudicate claims or actions in accordance with this
title;
(f)
the
Housing and Community Development Division
Division of Community
Services
, which is described in Sections
35A-8-201
and
35A-8-202
;
(g)
the Utah State Office of Rehabilitation, which is described in Section
35A-13-103
;
(h)
the Office of Homeless Services, which is described in Section
35A-16-202
;
(i)
the Office of Child Care, which is described in Sections
35A-3-202
and
35A-3-203
;
and
(j)
the Refugee Services Office, which is described in Chapter 3, Part 8, Refugee
Services.
(2)
In addition to the divisions created under Subsection
(1)
, within the department are the
following:
(a)
the Workforce Appeals Board created in Section
35A-1-205
;
(b)
the State Workforce Development Board created in Section
35A-1-206
;
(c)
the Employment Advisory Council created in Section
35A-4-502
;
(d)
the Child Care Advisory Committee created in Section
35A-3-205
; and
(e)
the economic service areas created in accordance with
Chapter 2, Economic Service
Areas
.
Section 15. Section
35A-3-103
is amended to read:
35A-3-103
Effective
07/01/26
. Department responsibilities.
The department shall:
(1)
administer public assistance programs assigned by the Legislature and the governor;
(2)
determine eligibility for public assistance programs in accordance with the requirements
of this chapter;
(3)
cooperate with the federal government in the administration of public assistance
programs;
(4)
administer state employment services;
(5)
provide for the compilation of necessary or desirable information, statistics, and reports;
(6)
perform other duties and functions required by law;
(7)
monitor the application of eligibility policy;
(8)
develop personnel training programs for effective and efficient operation of the
programs administered by the department;
(9)
provide refugee resettlement services in accordance with Section
35A-3-803
;
(10)
provide child care assistance for children in accordance with
Part 2, Office of Child
Care
;
(11)
provide services that enable an applicant or recipient to qualify for affordable housing
in cooperation with:
(a)
the Utah Housing Corporation;
(b)
the
Housing and Community Development Division
Division of Community
Services
;
(c)
the Division of Housing and Community Development within the Governor's Office
of Economic Opportunity;
and
(c)
(d)
local housing authorities;
(12)
administer the Medicaid Eligibility Quality Control function in accordance with 42
C.F.R. Sec. 431.812; and
(13)
conduct non-clinical eligibility hearings and issue final decisions in adjudicative
proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for
medical assistance eligibility under:
(a)
Title 26B, Chapter 3, Health Care - Administration and Assistance
; or
(b)
Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program
.
Section 16. Section
35A-3-309
is amended to read:
35A-3-309
Effective
07/01/26
. Information regarding home ownership.
(1)
The department shall provide information and service coordination to assist an applicant
in obtaining affordable housing.
(2)
The information and services may include:
(a)
information from the Utah Housing Corporation
and
,
the
Housing and Community
Development Division
Division of Community Services, and the Division of
Housing and Community Development within the Governor's Office of Economic
Opportunity
regarding special housing programs, including programs for first-time
home buyers and individuals with low and moderate incomes and the eligibility
requirements for those programs;
(b)
referrals to programs operated by volunteers from the real estate industry that assist
applicants in obtaining affordable housing, including information on home
ownership, down payments, closing costs, and credit requirements; and
(c)
referrals to housing programs operated by municipalities, counties, local housing
authorities, and nonprofit housing organizations that assist individuals in obtaining
affordable housing, including first-time home ownership.
Section 17. Section
35A-8-101
is amended to read:
35A-8-101
Effective
07/01/26
. 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
Division of
Community Services
.
(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 18. Section
35A-8-201
is amended to read:
35A-8-201
Effective
07/01/26
. Division of Community Services.
The
Housing and Community Development
Division
of Community Services
is under
the administration and general supervision of the director.
Section 19. Section
35A-8-202
is amended to read:
35A-8-202
Effective
07/01/26
. Powers and duties of division.
(1)
The division shall:
(a)
assist local governments and citizens in the planning, development, and maintenance
of necessary public infrastructure and services;
(b)
cooperate with, and provide technical assistance to, counties, cities, towns, regional
planning commissions, area-wide clearinghouses, zoning commissions, parks or
recreation boards, community development groups, community action agencies, and
other agencies created for the purpose of aiding and encouraging an orderly,
productive, and coordinated development of the state and
its
the state's
political
subdivisions;
(c)
assist the governor in coordinating the activities of state agencies which have an
impact on the solution of community development problems and the implementation
of community plans;
(d)
serve as a clearinghouse for information, data, and other materials which may be
helpful to local governments in discharging
their
local government
responsibilities
and provide information on available federal and state financial and technical
assistance;
(e)
carry out continuing studies and analyses of the problems faced by communities
within the state and develop such recommendations for administrative or legislative
action as appear necessary;
(f)
assist
the Division of Housing and Community Development within the Governor's
Office of Economic Opportunity
in funding affordable housing;
(g)
support economic development activities through grants, loans, and direct programs
financial assistance;
(h)
certify project funding at the local level in conformance with federal, state, and other
requirements;
(i)
utilize the capabilities and facilities of public and private universities and colleges
within the state in carrying out
its
the division's
functions; and
(j)
assist and support local governments, community action agencies, and citizens in the
planning, development, and maintenance of home weatherization, energy efficiency,
and antipoverty activities.
(2)
The division may:
(a)
by following the procedures and requirements of
Title 63J, Chapter 5, Federal Funds
Procedures Act
, seek federal grants, loans, or participation in federal programs;
and
(b)
if any federal program requires the expenditure of state funds as a condition to
participation by the state in any fund, property, or service, with the governor's
approval, expend whatever funds are necessary out of the money provided by the
Legislature for the use of the department
;
.
(c)
in accordance with
Part 9, Domestic Violence Shelters
, assist in developing,
constructing, and improving shelters for victims of domestic violence, as described in
Section
77-36-1
, through loans and grants to nonprofit and governmental entities;
(d)
assist, when requested by a county or municipality, in the development of accessible
housing; and
(e)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, regarding the form and content of a moderate income housing
report, as described in Sections
10-21-202
and
17-80-202
, to:
(i)
ensure consistency across reporting political subdivisions; and
(ii)
promote better potential analysis of report data.
Section 20. Section
35A-8-1003
is amended to read:
35A-8-1003
Effective
07/01/26
. State Community Services Office created --
Purpose.
(1)
There is created within the
Housing and Community Development Division
Division
of Community Services
the State Community Services Office.
(2)
The office shall strengthen communities by reducing poverty and improving the quality
of life for low-income persons in this state.
Section 21. Section
35A-8-1009
is amended to read:
35A-8-1009
Effective
07/01/26
. Qualified Emergency Food Agencies Fund --
Expenditure of revenues.
(1)
As used in this section:
(a)
"Association of governments" means the following created under the authority of
Title 11, Chapter 13, Interlocal Cooperation Act
:
(i)
an association of governments; or
(ii)
a regional council that acts as an association of governments.
(b)
"Food and food ingredients" means the same as that term is defined in Section
59-12-102
.
(c)
"Qualified emergency food agency" means an organization that:
(i)
is:
(A)
exempt from federal income taxation under Section 501(c)(3), Internal
Revenue Code;
(B)
an association of governments; or
(C)
a food pantry operated by a municipality located within the state;
(ii)
as part of
its
the organization's
activities
,
operates a program that has as the
program's primary purpose to:
(A)
warehouse and distribute food to other agencies and organizations providing
food and food ingredients to low-income persons; or
(B)
provide food and food ingredients directly to low-income persons; and
(iii)
the office determines to be a qualified emergency food agency.
(2)
There is created an expendable special revenue fund known as the Qualified Emergency
Food Agencies Fund.
(3)
(a)
The Qualified Emergency Food Agencies Fund shall be funded by the sales and
use tax revenues described in:
(i)
Section
59-12-103
;
(ii)
Section
59-12-204
; and
(iii)
Section
59-12-1102
.
(b)
Any interest earned on the Qualified Emergency Food Agencies Fund shall be
deposited into the General Fund.
(4)
The office shall for a fiscal year distribute money deposited into the Qualified
Emergency Food Agencies Fund to qualified emergency food agencies within the state
as provided in this section.
(5)
A qualified emergency food agency shall file an application with the office before the
qualified emergency food agency may receive a distribution under this section.
(6)
A qualified emergency food agency may expend a distribution received in accordance
with this section only for a purpose related to:
(a)
warehousing and distributing food and food ingredients to other agencies and
organizations providing food and food ingredients to low-income persons; or
(b)
providing food and food ingredients directly to low-income persons.
(7)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
Housing and Community Development Division
Division of Community Services
may
make rules providing procedures for implementing the distributions required by this
section, including:
(a)
standards for determining and verifying the amount of a distribution that a qualified
emergency food agency may receive;
(b)
procedures for a qualified emergency food agency to apply for a distribution,
including the frequency with which a qualified emergency food agency may apply
for a distribution; and
(c)
consistent with Subsection
(1)(c)
, determining whether an entity is a qualified
emergency food agency.
Section 22. Section
35A-16-203
is amended to read:
35A-16-203
Effective
07/01/26
. Powers and duties of the coordinator.
(1)
The coordinator shall:
(a)
coordinate the provision of homeless services in the state;
(b)
in cooperation with the board, develop and maintain a comprehensive annual budget
and overview of all homeless services available in the state, which homeless services
budget shall receive final approval by the board;
(c)
in cooperation with the board, create a statewide strategic plan to minimize
homelessness in the state, which strategic plan shall receive final approval by the
board;
(d)
in cooperation with the board, oversee funding provided for the provision of
homeless services, which funding shall receive final approval by the board, including
funding from the:
(i)
Pamela Atkinson Homeless Account created in Section
35A-16-301
;
(ii)
Homeless to Housing Reform Restricted Account created in Section
35A-16-303
;
and
(iii)
Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
;
(e)
provide administrative support to and serve as a member of the board;
(f)
at the governor's request, report directly to the governor on issues regarding
homelessness in the state and the provision of homeless services in the state; and
(g)
report directly to the president of the Senate and the speaker of the House of
Representatives at least twice each year on issues regarding homelessness in the state
and the provision of homeless services in the state.
(2)
The coordinator, in cooperation with the board, shall ensure that the homeless services
budget described in Subsection
(1)(b)
includes an overview and coordination plan for all
funding sources for homeless services in the state, including from state agencies,
continuum of care organizations, housing authorities, local governments, federal
sources, and private organizations.
(3)
The coordinator, in cooperation with the board and taking into account the metrics
established and data reported in accordance with Section
35A-16-211
, shall ensure that
the strategic plan described in Subsection
(1)(c)
:
(a)
outlines specific goals and measurable benchmarks for minimizing homelessness in
the state and for coordinating services for individuals experiencing homelessness
among all service providers in the state;
(b)
identifies best practices or innovative strategies and recommends improvements to
the provision of services to individuals experiencing homelessness in the state to
ensure the services are provided in a safe, cost-effective, and efficient manner;
(c)
identifies best practices or innovative strategies and recommends improvements in
coordinating the delivery of services to the variety of populations experiencing
homelessness in the state, including through the use of electronic databases and
improved data sharing among all service providers in the state;
(d)
identifies gaps and recommends solutions in the delivery of services to the variety of
populations experiencing homelessness in the state; and
(e)
takes into consideration the success of the HOME Court Pilot Program established in
Section
26B-5-382
.
(4)
In overseeing funding for the provision of homeless services as described in Subsection
(1)(d)
, the coordinator:
(a)
shall prioritize the funding of programs and providers that have a documented history
of successfully reducing the number of individuals experiencing homelessness,
reducing the time individuals spend experiencing homelessness, moving individuals
experiencing homelessness to permanent housing, or reducing the number of
individuals who return to experiencing homelessness;
(b)
except for a program or provider providing services to victims of domestic violence,
may not approve funding to a program or provider that does not enter into a written
agreement with the office to collect and share HMIS data regarding the provision of
services to individuals experiencing homelessness so that the provision of services
can be coordinated among state agencies, local governments, and private
organizations; and
(c)
if the board has approved a funding formula developed by the steering committee, as
described in Section
35A-16-205
:
(i)
except as provided in Subsection
(4)(c)(ii)
, shall utilize that funding formula in
disbursing funds for the provision of homeless services; and
(ii)
shall ensure that any federal funds not subject to the funding formula are
disbursed in accordance with any applicable federal requirements.
(5)
In cooperation with the board, the coordinator shall update the annual statewide budget
and the strategic plan described in this section on an annual basis.
(6)
(a)
On or before October 1, the coordinator shall provide a written report to the
department for inclusion in the department's annual written report described in
Section
35A-1-109
.
(b)
The written report shall include:
(i)
the homeless services budget;
(ii)
the strategic plan;
(iii)
recommendations regarding improvements to coordinating and providing
services to individuals experiencing homelessness in the state;
(iv)
in coordination with the board, a complete accounting of the office's
disbursement of funds during the previous fiscal year from:
(A)
the Pamela Atkinson Homeless Account created in Section
35A-16-301
;
(B)
the Homeless to Housing Reform Restricted Account created in Section
35A-16-303
;
(C)
the Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
;
(D)
the COVID-19 Homeless Housing and Services Grant Program created in
Section
35A-16-602
63N-22-802
; and
(E)
any other grant program created in statute that is administered by the office;
and
(v)
the data described in Section
35A-16-211
.
Section 23. Section
53C-3-203
is amended to read:
53C-3-203
Effective
07/01/26
Partially Repealed
07/01/30
. Land Exchange
Distribution Account.
(1)
As used in this section, "account" means the Land Exchange Distribution Account
created in Subsection
(2)(a)
.
(2)
(a)
There is created within the General Fund a restricted account known as the Land
Exchange Distribution Account.
(b)
The account shall consist of revenue deposited in the account as required by Section
53C-3-202
.
(3)
(a)
The state treasurer shall invest money in the account according to
Title 51,
Chapter 7, State Money Management Act
.
(b)
The Division of Finance shall deposit interest or other earnings derived from
investment of account money into the General Fund.
(4)
The Legislature shall annually appropriate from the account in the following order:
(a)
$1,000,000 to the Constitutional Defense Restricted Account created in Section
63C-4a-402
; and
(b)
from the deposits to the account remaining after the appropriation in Subsection
(4)(a)
, the following amounts:
(i)
55% of the deposits to counties in amounts proportionate to the amounts of
mineral revenue generated from the acquired land, exchanged land, acquired
mineral interests, or exchanged mineral interests located in each county, to be
used to mitigate the impacts caused by mineral development;
(ii)
25% of the deposits to counties in amounts proportionate to the total surface and
mineral acreage within each county that was conveyed to the United States under
the agreement or an exchange, to be used to mitigate the loss of mineral
development opportunities resulting from the agreement or exchange;
(iii)
1.68% of the deposits to the State Board of Education, to be used for education
research and experimentation in the use of staff and facilities designed to improve
the quality of education in Utah;
(iv)
1.66% of the deposits to the Geological Survey, to be used for natural resources
development in the state;
(v)
1.66% of the deposits to the Water Research Laboratory at Utah State University,
to be used for water development in the state;
(vi)
11% of the deposits to the Constitutional Defense Restricted Account created in
Section
63C-4a-402
;
(vii)
1% of the deposits to the Geological Survey, to be used for test wells and other
hydrologic studies in the West Desert; and
(viii)
3% of the deposits to the Permanent Community Impact Fund created in
Section
35A-8-303
63N-22-503
, to be used for grants to political subdivisions of
the state to mitigate the impacts resulting from the development or use of school
and institutional trust lands.
(5)
The administration shall make recommendations to the Permanent Community Impact
Fund Board for the Permanent Community Impact Fund Board's consideration when
awarding the grants described in Subsection
(4)(b)(viii)
.
Section 24. Section
59-2-1101
is amended to read:
59-2-1101
Effective
07/01/26
. Definitions -- Exemption of certain property --
Proportional payments for certain property -- Exception -- County legislative body
authority to adopt rules or ordinances.
(1)
As used in this section:
(a)
"Charitable purposes" means:
(i)
for property used as a nonprofit hospital or a nursing home, the standards outlined
in Howell v. County Board of Cache County ex rel. IHC Hospitals, Inc., 881 P.2d
880 (Utah 1994); and
(ii)
for property other than property described in Subsection
(1)(a)(i)
, providing a gift
to the community.
(b)
"Compliance period" means a period equal to 15 taxable years beginning with the
first taxable year for which the taxpayer claims a tax credit under Section 42, Internal
Revenue Code, or Section
59-7-607
or
59-10-1010
.
(c)
(i)
"Educational purposes" means purposes carried on by an educational
organization that normally:
(A)
maintains a regular faculty and curriculum; and
(B)
has a regularly enrolled body of pupils and students.
(ii)
"Educational purposes" includes:
(A)
the physical or mental teaching, training, or conditioning of competitive
athletes by a national governing body of sport recognized by the United States
Olympic
and Paralympic
Committee that qualifies as being tax exempt under
Section 501(c)(3), Internal Revenue Code; and
(B)
an activity in support of or incidental to the teaching, training, or conditioning
described in this Subsection
(1)(c)(ii)
.
(d)
"Exclusive use exemption" means a property tax exemption under Subsection
(3)(a)(iv)
, for property owned by a nonprofit entity used exclusively for one or more
of the following purposes:
(i)
religious purposes;
(ii)
charitable purposes; or
(iii)
educational purposes.
(e)
(i)
"Farm machinery and equipment" means tractors, milking equipment and
storage and cooling facilities, feed handling equipment, irrigation equipment,
harvesters, choppers, grain drills and planters, tillage tools, scales, combines,
spreaders, sprayers, haying equipment, including balers and cubers, and any other
machinery or equipment used primarily for agricultural purposes.
(ii)
"Farm machinery and equipment" does not include vehicles required to be
registered with the Motor Vehicle Division or vehicles or other equipment used
for business purposes other than farming.
(f)
"Gift to the community" means:
(i)
the lessening of a government burden; or
(ii)
(A)
the provision of a significant service to others without immediate
expectation of material reward;
(B)
the use of the property is supported to a material degree by donations and gifts
including volunteer service;
(C)
the recipients of the charitable activities provided on the property are not
required to pay for the assistance received, in whole or in part, except that if in
part, to a material degree;
(D)
the beneficiaries of the charitable activities provided on the property are
unrestricted or, if restricted, the restriction bears a reasonable relationship to
the charitable objectives of the nonprofit entity that owns the property; and
(E)
any commercial activities provided on the property are subordinate or
incidental to charitable activities provided on the property.
(g)
"Government exemption" means a property tax exemption provided under
Subsection
(3)(a)(i)
, (ii), or (iii).
(h)
(i)
"Nonprofit entity" means an entity:
(A)
that is organized on a nonprofit basis, that dedicates the entity's property to the
entity's nonprofit purpose, and that makes no dividend or other form of
financial benefit available to a private interest;
(B)
for which, upon dissolution, the entity's assets are distributable only for
exempt purposes under state law or to the government for a public purpose; and
(C)
for which none of the net earnings or donations made to the entity inure to the
benefit of private shareholders or other individuals, as the private inurement
standard has been interpreted under Section 501(c)(3), Internal Revenue Code.
(ii)
"Nonprofit entity" includes an entity:
(A)
if the entity is treated as a disregarded entity for federal income tax purposes
and wholly owned by, and controlled under the direction of, a nonprofit entity;
and
(B)
for which none of the net earnings and profits of the entity inure to the benefit
of any person other than a nonprofit entity.
(iii)
"Nonprofit entity" includes an entity that is not an entity described in Subsection
(1)(h)(i)
if the entity jointly owns a property that:
(A)
is used for the purpose of providing permanent supportive housing;
(B)
has an owner that is an entity described in Subsection
(1)(h)(i)
or that is a
housing authority that operates the permanent supportive housing;
(C)
has an owner that receives public funding from a federal, state, or local
government entity to provide support services and rental subsidies to the
permanent supportive housing;
(D)
is intended to be transferred at or before the end of the compliance period to
an entity described in Subsection
(1)(h)(i)
or a housing authority that will
continue to operate the property as permanent supportive housing; and
(E)
has been certified by the Utah Housing Corporation as meeting the
requirements described in Subsections
(1)(h)(iii)(A)
through
(D)
.
(iv)
"Nonprofit entity" includes an entity that is not an entity described in Subsection
(1)(h)(i)
if:
(A)
the entity is a housing organization as defined in
Subsection
35A-8-2401(1)(a)
Section
63N-22-316
; and
(B)
the entity is owned by an entity described in Subsection
(1)(h)(i)
or a housing
authority.
(i)
"Permanent supportive housing" means a housing facility that:
(i)
provides supportive services;
(ii)
makes a 15-year commitment to provide rent subsidies to tenants of the housing
facility when the housing facility is placed in service;
(iii)
receives an allocation of federal low-income housing tax credits in accordance
with 26 U.S.C. Sec. 42; and
(iv)
leases each unit to a tenant:
(A)
who, immediately before leasing the housing, was homeless as defined in 24
C.F.R. 583.5; and
(B)
whose rent is capped at no more than 30% of the tenant's household income.
(j)
(i)
"Property of" means property that an entity listed in Subsection
(3)(a)(ii)
or
(iii)

has a legal right to possess.
(ii)
"Property of" includes a lease of real property if:
(A)
the property is wholly leased to a state or political subdivision entity listed in
Subsection
(3)(a)(ii)
or
(iii)
under a triple net lease; and
(B)
the lease is in effect for the entire calendar year.
(k)
"Supportive service" means a service that is an eligible cost under 24 C.F.R. 578.53.
(l)
"Triple net lease" means a lease agreement under which the lessee is responsible for
the real estate taxes, building insurance, and maintenance of the property separate
from and in addition to the rental price.
(2)
(a)
Except as provided in Subsection
(2)(b)
, an exemption under this part may be
allowed only if the claimant is the owner of the property as of January 1 of the year
the exemption is claimed.
(b)
A claimant shall collect and pay a proportional tax based upon the length of time that
the property was not owned by the claimant if:
(i)
the claimant is a federal, state, or political subdivision entity described in
Subsection
(3)(a)(i)
, (ii), or (iii); or
(ii)
in accordance with Subsection
(3)(a)(iv)
:
(A)
the claimant is a nonprofit entity; and
(B)
the property is used exclusively for religious, charitable, or educational
purposes.
(3)
(a)
The following property is exempt from taxation:
(i)
property exempt under the laws of the United States;
(ii)
property of:
(A)
the state;
(B)
school districts; and
(C)
public libraries;
(iii)
except as provided in Title 11, Chapter 13, Interlocal Cooperation Act, property
of:
(A)
counties;
(B)
cities;
(C)
towns;
(D)
special districts;
(E)
special service districts; and
(F)
all other political subdivisions of the state;
(iv)
except as provided in Subsection
(6)
or
(7)
, property owned by a nonprofit entity
used exclusively for one or more of the following purposes:
(A)
religious purposes;
(B)
charitable purposes; or
(C)
educational purposes;
(v)
places of burial not held or used for private or corporate benefit;
(vi)
farm machinery and equipment;
(vii)
a high tunnel, as defined in Section
10-20-613
;
(viii)
intangible property; and
(ix)
the ownership interest of an out-of-state public agency, as defined in Section
11-13-103
:
(A)
if that ownership interest is in property providing additional project capacity,
as defined in Section
11-13-103
; and
(B)
on which a fee in lieu of ad valorem property tax is payable under Section
11-13-302
.
(b)
For purposes of a property tax exemption for property of school districts under
Subsection
(3)(a)(ii)(B)
, a charter school under Title 53G, Chapter 5, Charter
Schools, is considered to be a school district.
(4)
Subject to Subsection
(5)
, if property that is allowed an exclusive use exemption or a
government exemption ceases to qualify for the exemption because of a change in the
ownership of the property:
(a)
the new owner of the property shall pay a proportional tax based upon the period of
time:
(i)
beginning on the day that the new owner acquired the property; and
(ii)
ending on the last day of the calendar year during which the new owner acquired
the property; and
(b)
the new owner of the property and the person from whom the new owner acquires
the property shall notify the county assessor, in writing, of the change in ownership
of the property within 30 days from the day that the new owner acquires the property.
(5)
Notwithstanding Subsection
(4)(a)
, the proportional tax described in Subsection
(4)(a)
:
(a)
is subject to any exclusive use exemption or government exemption that the property
is entitled to under the new ownership of the property; and
(b)
applies only to property that is acquired after December 31, 2005.
(6)
(a)
A property may not receive an exemption under Subsection
(3)(a)(iv)
if:
(i)
the nonprofit entity that owns the property participates in or intervenes in any
political campaign on behalf of or in opposition to any candidate for public office,
including the publishing or distribution of statements; or
(ii)
a substantial part of the activities of the nonprofit entity that owns the property
consists of carrying on propaganda or otherwise attempting to influence
legislation, except as provided under Subsection 501(h), Internal Revenue Code.
(b)
Whether a nonprofit entity is engaged in an activity described in Subsection
(6)(a)

shall be determined using the standards described in Section 501, Internal Revenue
Code.
(7)
A property may not receive an exemption under Subsection
(3)(a)(iv)
if:
(a)
the property is used for a purpose that is not religious, charitable, or educational; and
(b)
the use for a purpose that is not religious, charitable, or educational is more than de
minimis.
(8)
A county legislative body may adopt rules or ordinances to:
(a)
effectuate an exemption under this part; and
(b)
designate one or more persons to perform the functions given to the county under
this part.
(9)
If a person is dissatisfied with an exemption decision made under designated
decision-making authority as described in Subsection
(8)(b)
, that person may appeal the
decision to the commission under Section
59-2-1006
.
Section 25. Section
59-5-116
is amended to read:
59-5-116
Effective
07/01/26
. Disposition of certain taxes collected on Ute Indian
land.
(1)
Except as provided in Subsection
(2)
, there shall be deposited into the Uintah Basin
Revitalization Fund
established in
created in
Section
35A-8-1602
63N-22-602
:
(a)
for taxes imposed under this part, 33% of the taxes collected on oil, gas, or other
hydrocarbon substances produced from a well:
(i)
for which production began on or before June 30, 1995; and
(ii)
attributable to interests:
(A)
held in trust by the United States for the Tribe and
its
the Tribe's
members; or
(B)
on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948);
(b)
for taxes imposed under this part, 80% of taxes collected on oil, gas, or other
hydrocarbon substances produced from a well:
(i)
for which production began on or after July 1, 1995; and
(ii)
attributable to interests:
(A)
held in trust by the United States for the Tribe and
its
the Tribe's
members; or
(B)
on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948); and
(c)
for taxes imposed under this part, 80% of taxes collected on oil, gas, or other
hydrocarbon substances produced from a well:
(i)
for which production began on or after January 1, 2001; and
(ii)
attributable to interests on lands conveyed to the tribe under the Ute-Moab Land
Restoration Act, Pub. L. No. 106-398, Sec. 3303.
(2)
(a)
The maximum amount deposited in the Uintah Basin Revitalization Fund may not
exceed:
(i)
$3,000,000 in fiscal year 2005-06;
(ii)
$5,000,000 in fiscal year 2006-07;
(iii)
$6,000,000 in fiscal years 2007-08 and 2008-09; and
(iv)
for fiscal years beginning with fiscal year 2009-10, the amount determined by the
commission as described in Subsection
(2)(b)
.
(b)
(i)
The commission shall increase or decrease the dollar amount described in
Subsection
(2)(a)(iii)
by a percentage equal to the percentage difference between
the consumer price index for the preceding calendar year and the consumer price
index for calendar year 2008; and
(ii)
after making an increase or decrease under Subsection
(2)(b)(i)
, round the dollar
amount to the nearest whole dollar.
(c)
For purposes of this Subsection
(2)
, "consumer price index" is as described in
Section 1(f)(4), Internal Revenue Code, and defined in Section (1)(f)(5), Internal
Revenue Code.
(d)
Any amounts in excess of the maximum described in Subsection
(2)(a)
shall be
credited as provided in Sections
51-9-305
,
51-9-306
,
51-9-307
, and
59-5-115
.
Section 26. Section
59-5-119
is amended to read:
59-5-119
Effective
07/01/26
. Disposition of certain taxes collected on Navajo
Nation land located in Utah.
(1)
Except as provided in Subsection
(2)
, there shall be deposited into the Navajo
Revitalization Fund
established
created
in Section
35A-8-1704
63N-22-703
for taxes
imposed under this part beginning on July 1, 1997:
(a)
33% of the taxes collected on oil, gas, or other hydrocarbon substances produced
from a well:
(i)
for which production began on or before June 30, 1996; and
(ii)
attributable to interests in Utah held in trust by the United States for the Navajo
Nation and
its
the Navajo Nation's
members; and
(b)
80% of the taxes collected on oil, gas, or other hydrocarbon substances produced
from a well:
(i)
for which production began on or after July 1, 1996; and
(ii)
attributable to interests in Utah held in trust by the United States for the Navajo
Nation and
its
the Navajo Nation's
members.
(2)
(a)
The maximum amount deposited in the Navajo Revitalization Fund may not
exceed:
(i)
$2,000,000 in fiscal year 2006-07; and
(ii)
$3,000,000 for fiscal years beginning with fiscal year 2007-08.
(b)
Any amounts in excess of the maximum described in Subsection
(2)(a)
shall be
credited as provided in Sections
51-9-305
,
51-9-306
,
51-9-307
, and
59-5-115
.
Section 27. Section
59-12-2220
is amended to read:
59-12-2220
Effective
07/01/26
. County option sales and use tax to fund
highways or a system for public transit -- Base -- Rate.
(1)
Subject to the other provisions of this part and subject to the requirements of this
section, the following counties may impose a sales and use tax under this section:
(a)
a county legislative body may impose the sales and use tax on the transactions
described in Subsection
59-12-103(1)
located within the county, including the cities
and towns within the county if:
(i)
the entire boundary of a county is annexed into a large public transit district; and
(ii)
the maximum amount of sales and use tax authorizations allowed in accordance
with Section
59-12-2203
and authorized under the following sections has been
imposed:
(A)
Section
59-12-2213
;
(B)
Section
59-12-2214
;
(C)
Section
59-12-2215
;
(D)
Section
59-12-2216
;
(E)
Section
59-12-2217
;
(F)
Section
59-12-2218
; and
(G)
Section
59-12-2219
;
(b)
if the county is not annexed into a large public transit district, the county legislative
body may impose the sales and use tax on the transactions described in Subsection
59-12-103(1)
located within the county, including the cities and towns within the
county if:
(i)
the county is an eligible political subdivision; or
(ii)
a city or town within the boundary of the county is an eligible political
subdivision; or
(c)
a county legislative body of a county not described in Subsection
(1)(a)
or
(1)(b)
may
impose the sales and use tax on the transactions described in Subsection
59-12-103(1)

located within the county, including the cities and towns within the county.
(2)
For purposes of Subsection
(1)
and subject to the other provisions of this section, a
county legislative body that imposes a sales and use tax under this section may impose
the tax at a rate of .2%.
(3)
(a)
The commission shall distribute sales and use tax revenue collected under this
section as determined by a county legislative body as described in Subsection
(3)(b)
.
(b)
If a county legislative body imposes a sales and use tax as described in this section,
the county legislative body may elect to impose a sales and use tax revenue
distribution as described in Subsection
(4)
, (5), (6), or (7), depending on the class of
county, and presence and type of a public transit provider in the county.
(4)
Subject to Subsection
(11)
, and after application of Subsection
59-12-2206(5)
, if a
county legislative body imposes a sales and use tax as described in this section, and the
entire boundary of the county is annexed into a large public transit district, and the
county is a county of the first class, the commission shall distribute the sales and use tax
revenue as follows:
(a)
.10% to a public transit district as described in Subsection
(11)
;
(b)
.05% to the cities and towns as provided in Subsection
(8)
; and
(c)
.05% to the county legislative body.
(5)
Subject to Subsection
(11)
, if a county legislative body imposes a sales and use tax as
described in this section and the entire boundary of the county is annexed into a large
public transit district, and the county is a county not described in Subsection
(4)
, the
commission shall distribute the sales and use tax revenue as follows:
(a)
.10% to a public transit district as described in Subsection
(11)
;
(b)
.05% to the cities and towns as provided in Subsection
(8)
; and
(c)
.05% to the county legislative body.
(6)
(a)
Except as provided in Subsection
(14)(c)
, if the entire boundary of a county that
imposes a sales and use tax as described in this section is not annexed into a single
public transit district, but a city or town within the county is annexed into a single
public transit district, or if the city or town is an eligible political subdivision, the
commission shall distribute the sales and use tax revenue collected within the county
as provided in Subsection
(6)(b)
or
(c)
.
(b)
For a city, town, or portion of the county described in Subsection
(6)(a)
that is
annexed into the single public transit district, or an eligible political subdivision, the
commission shall distribute the sales and use tax revenue collected within the portion
of the county that is within a public transit district or eligible political subdivision as
follows:
(i)
.05% to a public transit provider as described in Subsection
(11)
;
(ii)
.075% to the cities and towns as provided in Subsection
(8)
; and
(iii)
.075% to the county legislative body.
(c)
Except as provided in Subsection
(14)(c)
, for a city, town, or portion of the county
described in Subsection
(6)(a)
that is not annexed into a single public transit district
or eligible political subdivision in the county, the commission shall distribute the
sales and use tax revenue collected within that portion of the county as follows:
(i)
.08% to the cities and towns as provided in Subsection
(8)
; and
(ii)
.12% to the county legislative body.
(7)
For a county without a public transit service that imposes a sales and use tax as
described in this section, the commission shall distribute the sales and use tax revenue
collected within the county as follows:
(a)
.08% to the cities and towns as provided in Subsection
(8)
; and
(b)
.12% to the county legislative body.
(8)
(a)
Subject to Subsections
(8)(b)
and
(c)
, the commission shall make the distributions
required by Subsections
(4)(b)
, (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:
(i)
50% of the total revenue collected under Subsections
(4)(b)
, (5)(b), (6)(b)(ii),
(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections
(4)

through
(7)
shall be distributed to the unincorporated areas, cities, and towns
within those counties on the basis of the percentage that the population of each
unincorporated area, city, or town bears to the total population of all of the
counties that impose a tax under this section; and
(ii)
50% of the total revenue collected under Subsections
(4)(b)
, (5)(b), (6)(b)(ii),
(6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections
(4)

through
(7)
shall be distributed to the unincorporated areas, cities, and towns
within those counties on the basis of the location of the transaction as determined
under Sections
59-12-211
through
59-12-215
.
(b)
(i)
Population for purposes of this Subsection
(8)
shall be based on, to the extent
not otherwise required by federal law:
(A)
the most recent estimate from the Utah Population Committee created in
Section
63C-20-103
; or
(B)
if the Utah Population Committee estimate is not available for each
municipality and unincorporated area, the adjusted sub-county population
estimate provided by the Utah Population Committee in accordance with
Section
63C-20-104
.
(ii)
If a needed population estimate is not available from the United States Census
Bureau, population figures shall be derived from an estimate from the Utah
Population Estimates Committee created by executive order of the governor.
(c)
(i)
Beginning on January 1, 2024, if the
Housing and Community Development
Division within the Department of Workforce Services
Division of Housing and
Community Development within the Governor's Office of Economic Opportunity

determines that a city or town is ineligible for funds in accordance with
Subsection
10-21-202(6)
, beginning the first day of the calendar quarter after
receiving 90 days' notice, the commission shall distribute the distribution that city
or town would have received under Subsection
(8)(a)
to cities or towns to which
Subsection
10-21-202(6)
does not apply.
(ii)
Beginning on January 1, 2024, if the
Housing and Community Development
Division within the Department of Workforce Services
Division of Housing and
Community Development within the Governor's Office of Economic Opportunity

determines that a county is ineligible for funds in accordance with Subsection
17-80-202(6)
, beginning the first day of the calendar quarter after receiving 90
days' notice, the commission shall distribute the distribution that county would
have received under Subsection
(8)(a)
to counties to which Subsection
17-80-202(6)
does not apply.
(9)
If a public transit service is organized after the date a county legislative body first
imposes a tax under this section, a change in a distribution required by this section may
not take effect until the first distribution the commission makes under this section after a
90-day period that begins on the date the commission receives written notice from the
public transit provider that the public transit service has been organized.
(10)
(a)
Except as provided in Subsections
(10)(b)
and
(c)
, a county, city, or town that
received distributions described in Subsections
(4)(b)
, (4)(c), (5)(b), (5)(c), (6)(b)(ii),
(6)(b)(iii), (6)(c), and (7) may only expend those funds for a purpose described in
Section
59-12-2212.2
.
(b)
If a county described in Subsection
(1)(a)
that is a county of the first class imposes
the sales and use tax authorized in this section, the county may also use funds
distributed in accordance with Subsection
(4)(c)
for public safety purposes.
(c)
In addition to the purposes described in Subsections
(10)(a)
and
(b)
, for a city
relevant to a project area, as that term is defined in Section
63N-3-1401
, an allowable
use of revenue from a sales and use tax under this section includes the revitalization
of a convention center owned by the county within a city of the first class and
surrounding revitalization projects related to the convention center.
(11)
(a)
Subject to Subsections
(11)(b)
, (c), and (d), revenue designated for public transit
as described in this section may be used for capital expenses and service delivery
expenses of:
(i)
a public transit district;
(ii)
an eligible political subdivision; or
(iii)
another entity providing a service for public transit or a transit facility within the
relevant county, as those terms are defined in Section
17B-2a-802
.
(b)
(i)
(A)
If a county of the first class imposes a sales and use tax described in this
section, beginning on the date on which the county imposes the sales and use
tax under this section, and for a three-year period after at least three counties
described in Subsections
(4)
and
(5)
have imposed a tax under this section, or
until June 30, 2030, whichever comes first, revenue designated for public
transit within a county of the first class as described in Subsection
(4)(a)
shall
be transferred to the County of the First Class Highway Projects Fund created
in Section
72-2-121
.
(B)
Revenue deposited into the County of the First Class Highway Projects Fund
created in Section
72-2-121
as described in Subsection
(11)(b)(i)(A)
may be
used for public transit innovation grants as provided in Title 72, Chapter 2, Part
4, Public Transit Innovation Grants.
(ii)
If a county of the first class imposes a sales and use tax described in this section,
beginning on the day three years after the date on which at least three counties
described in Subsections
(4)
and
(5)
have imposed a tax under this section, or
beginning on July 1, 2030, whichever comes first, for revenue designated for
public transit as described in Subsection
(4)(a)
:
(A)
50% of the revenue from a sales and use tax imposed under this section in a
county of the first class shall be transferred to the County of the First Class
Highway Projects Fund created in Section
72-2-121
; and
(B)
50% of the revenue from a sales and use tax imposed under this section in a
county of the first class shall be transferred to the Transit Transportation
Investment Fund created in Subsection
72-2-124(9)
.
(c)
(i)
If a county that is not a county of the first class for which the entire boundary of
the county is annexed into a large public transit district imposes a sales and use
tax described in this section, beginning on the date on which the county imposes
the sales and use tax under this section, and for a three-year period following the
date on which at least three counties described in Subsections
(4)
and
(5)
have
imposed a tax under this section, or until June 30, 2030, whichever comes first,
revenue designated for public transit as described in Subsection
(5)(a)
shall be
transferred to the relevant county legislative body to be used for a purpose
described in Subsection
(11)(a)
.
(ii)
If a county that is not a county of the first class for which the entire boundary of
the county is annexed into a large public transit district imposes a sales and use
tax described in this section, beginning on the day three years after the date on
which at least three counties described in Subsections
(4)
and
(5)
have imposed a
tax under this section, or beginning on July 1, 2030, whichever comes first, for the
revenue that is designated for public transit in Subsection
(5)(a)
:
(A)
50% shall be transferred to the Transit Transportation Investment Fund
created in Subsection
72-2-124(9)
; and
(B)
50% shall be transferred to the relevant county legislative body to be used for
a purpose described in Subsection
(11)(a)
.
(d)
Except as provided in Subsection
(13)(c)
(14)(c)
, for a county that imposes a sales
and use tax under this section, for revenue designated for public transit as described
in Subsection
(6)(b)(i)
, the revenue shall be transferred to the relevant county
legislative body to be used for a purpose described in Subsection
(11)(a)
.
(12)
A large public transit district shall send notice to the commission at least 90 days
before the earlier of:
(a)
the date that is three years after the date on which at least three counties described in
Subsections
(4)
and
(5)
have imposed a tax under this section; or
(b)
June 30, 2030.
(13)
For a city described in Subsection
(10)(c)
, during the bondable term of a revitalization
project described in Subsection
(10)(c)
, the city shall transfer at least 50%, and may
transfer up to 100%, of any revenue the city receives from a distribution under
Subsection
(4)(b)
to a convention center public infrastructure district created in
accordance with Section
17D-4-202.1
for revitalization of a convention center owned by
the county within a city of the first class and surrounding revitalization projects related
to the convention center as permitted in Subsection
(10)(c)
.
(14)
(a)
Notwithstanding Section
59-12-2208
, a county legislative body may, but is not
required to, submit an opinion question to the county's registered voters in
accordance with Section
59-12-2208
to impose a sales and use tax under this section.
(b)
If a county passes an ordinance to impose a sales and use tax as described in this
section, the sales and use tax shall take effect on the first day of the calendar quarter
after a 90-day period that begins on the date the commission receives written notice
from the county of the passage of the ordinance.
(c)
A county that imposed the local option sales and use tax described in this section
before January 1, 2023, may maintain that county's distribution allocation in place as
of January 1, 2023.
(15)
(a)
Revenue collected from a sales and use tax under this section may not be used to
supplant existing General Fund appropriations that a county, city, or town budgeted
for transportation or public transit as of the date the tax becomes effective for a
county, city, or town.
(b)
The limitation under Subsection
(15)(a)
does not apply to a designated transportation
or public transit capital or reserve account a county, city, or town established before
the date the tax becomes effective.
Section 28. Section
59-21-1
is amended to read:
59-21-1
Effective
07/01/26
. Disposition of federal mineral lease money --
Priority to political subdivisions impacted by mineral development -- Disposition of
mineral bonus payments -- Appropriation of money attributable to royalties from
extraction of minerals on federal land located within boundaries of Grand
Staircase-Escalante National Monument.
(1)
Except as provided in Subsections
(2)
through
(4)
, all money received from the United
States under the provisions of the Mineral Lands Leasing Act, 30 U.S.C. Sec. 181 et
seq., shall:
(a)
be deposited in the Mineral Lease Account of the General Fund; and
(b)
be appropriated by the Legislature giving priority to those subdivisions of the state
socially or economically impacted by development of minerals leased under the
Mineral Lands Leasing Act, for:
(i)
planning;
(ii)
construction and maintenance of public facilities; and
(iii)
provision of public services.
(2)
Seventy percent of money received from federal mineral lease bonus payments shall be
deposited into the Permanent Community Impact Fund and shall be used
as provided in
Title 35A, Chapter 8, Part 3, Community Impact Fund Act
in accordance with Title
63N, Chapter 22, Part 5, Community Impact Fund
.
(3)
Thirty percent of money received from federal mineral lease bonus payments shall be
deposited in the Mineral Bonus Account created by Subsection
59-21-2(1)
and
appropriated as provided in that subsection.
(4)
(a)
For purposes of this Subsection
(4)
:
(i)
the "boundaries of the Grand Staircase-Escalante National Monument" means the
boundaries:
(A)
established by Presidential Proclamation No. 6920, 61 Fed. Reg. 50,223
(1996); and
(B)
modified by:
(I)
Pub. L. No. 105-335, 112 Stat. 3139; and
(II)
Pub. L. No. 105-355, 112 Stat. 3247; and
(ii)
a special service district, school district, or federal land is considered to be
located within the boundaries of the Grand Staircase-Escalante National
Monument if a portion of the special service district, school district, or federal
land is located within the boundaries described in Subsection
(4)(a)(i)
.
(b)
Beginning on July 1, 1999, the Legislature shall appropriate, as provided in
Subsections
(4)(c)
through
(g)
, money received from the United States that is
attributable to royalties from the extraction of minerals on federal land that, on
September 18, 1996, was located within the boundaries of the Grand
Staircase-Escalante National Monument.
(c)
The Legislature shall annually appropriate 40% of the money described in
Subsection
(4)(b)
to the Division of Finance to be distributed by the Division of
Finance to special service districts that are:
(i)
established by counties under
Title 17D, Chapter 1, Special Service District Act
;
(ii)
socially or economically impacted by the development of minerals under the
Mineral Lands Leasing Act; and
(iii)
located within the boundaries of the Grand Staircase-Escalante National
Monument.
(d)
The Division of Finance shall distribute the money described in Subsection
(4)(c)
in
amounts proportionate to the amount of federal mineral lease money generated by the
county in which a special service district is located.
(e)
The Legislature shall annually appropriate 40% of the money described in
Subsection
(4)(b)
to the State Board of Education to be distributed equally to school
districts that are:
(i)
socially or economically impacted by the development of minerals under the
Mineral Lands Leasing Act; and
(ii)
located within the boundaries of the Grand Staircase-Escalante National
Monument.
(f)
The Legislature shall annually appropriate 2.25% of the money described in
Subsection
(4)(b)
to the Utah Geological Survey to facilitate the development of
energy and mineral resources in counties that are:
(i)
socially or economically impacted by the development of minerals under the
Mineral Lands Leasing Act; and
(ii)
located within the boundaries of the Grand Staircase-Escalante National
Monument.
(g)
Seventeen and three-fourths percent of the money described in Subsection
(4)(b)

shall be deposited annually into the State School Fund established by Utah
Constitution Article X, Section 5.
Section 29. Section
59-21-2
is amended to read:
59-21-2
Effective
07/01/26
. Mineral Bonus Account created -- Contents -- Use
of Mineral Bonus Account money -- Mineral Lease Account created -- Contents --
Appropriation of money from Mineral Lease Account.
(1)
(a)
There is created a restricted account within the General Fund known as the
"Mineral Bonus Account."
(b)
The Mineral Bonus Account consists of federal mineral lease bonus payments
deposited pursuant to Subsection
59-21-1(3)
.
(c)
The Legislature shall make appropriations from the Mineral Bonus Account in
accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C.
Sec. 191.
(d)
The state treasurer shall:
(i)
invest the money in the Mineral Bonus Account by following the procedures and
requirements of Title 51, Chapter 7, State Money Management Act; and
(ii)
deposit all interest or other earnings derived from the account into the Mineral
Bonus Account.
(e)
The Division of Finance shall, beginning on July 1, 2017, annually deposit 30% of
mineral lease bonus payments deposited under Subsection
(1)(b)
from the previous
fiscal year into the Utah Wildfire Fund created in Section
65A-8-217
, up to
$2,000,000 but not to exceed 20% of the amount expended in the previous fiscal year
from the Utah Wildfire Fund.
(2)
(a)
There is created a restricted account within the General Fund known as the
"Mineral Lease Account."
(b)
The Mineral Lease Account consists of federal mineral lease money deposited
pursuant to Subsection
59-21-1(1)
.
(c)
The Legislature shall make appropriations from the Mineral Lease Account as
provided in Subsection
59-21-1(1)
and this Subsection
(2)
.
(d)
The Legislature shall annually appropriate 32.5% of all deposits made to the Mineral
Lease Account to the Permanent Community Impact Fund established by Section
35A-8-303
63N-22-503
.
(e)
The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
Lease Account to the State Board of Education, to be used for education research and
experimentation in the use of staff and facilities designed to improve the quality of
education in Utah.
(f)
The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
Lease Account to the Utah Geological Survey Restricted Account, created in Section
79-3-403
, to be used by the Utah Geological Survey for activities carried on by the
Utah Geological Survey having as a purpose the development and exploitation of
natural resources in the state.
(g)
The Legislature shall annually appropriate 2.25% of all deposits made to the Mineral
Lease Account to the Water Research Laboratory at Utah State University, to be used
for activities carried on by the laboratory having as a purpose the development and
exploitation of water resources in the state.
(h)
(i)
The Legislature shall annually appropriate to the Division of Finance 40% of
all deposits made to the Mineral Lease Account to be distributed as provided in
Subsection
(2)(h)(ii)
to:
(A)
counties;
(B)
special service districts established:
(I)
by counties;
(II)
under Title 17D, Chapter 1, Special Service District Act; and
(III)
for the purpose of constructing, repairing, or maintaining roads; or
(C)
special service districts established:
(I)
by counties;
(II)
under Title 17D, Chapter 1, Special Service District Act; and
(III)
for other purposes authorized by statute.
(ii)
The Division of Finance shall allocate the funds specified in Subsection
(2)(h)(i)
:
(A)
in amounts proportionate to the amount of mineral lease money generated by
each county; and
(B)
to a county or special service district established by a county under Title 17D,
Chapter 1, Special Service District Act, as determined by the county legislative
body.
(i)
(i)
The Legislature shall annually appropriate 5% of all deposits made to the
Mineral Lease Account to the Department of Workforce Services to be distributed
to:
(A)
special service districts established:
(I)
by counties;
(II)
under Title 17D, Chapter 1, Special Service District Act; and
(III)
for the purpose of constructing, repairing, or maintaining roads; or
(B)
special service districts established:
(I)
by counties;
(II)
under Title 17D, Chapter 1, Special Service District Act; and
(III)
for other purposes authorized by statute.
(ii)
The Department of Workforce Services may distribute the amounts described in
Subsection
(2)(i)(i)
only to special service districts established under Title 17D,
Chapter 1, Special Service District Act, by counties:
(A)
of the third, fourth, fifth, or sixth class;
(B)
in which 4.5% or less of the mineral lease money within the state is generated;
and
(C)
that are significantly socially or economically impacted as provided in
Subsection
(2)(i)(iii)
by the development of minerals under the Mineral Lands
Leasing Act, 30 U.S.C. Sec. 181 et seq.
(iii)
The significant social or economic impact required under Subsection
(2)(i)(ii)(C)

shall be as a result of:
(A)
the transportation within the county of hydrocarbons, including solid
hydrocarbons as defined in Section
59-5-101
;
(B)
the employment of persons residing within the county in hydrocarbon
extraction, including the extraction of solid hydrocarbons as defined in Section
59-5-101
; or
(C)
a combination of Subsections
(2)(i)(iii)(A)
and
(B)
.
(iv)
For purposes of distributing the appropriations under this Subsection
(2)(i)
to
special service districts established by counties under Title 17D, Chapter 1,
Special Service District Act, the Department of Workforce Services shall:
(A)
(I)
allocate 50% of the appropriations equally among the counties meeting
the requirements of Subsections
(2)(i)(ii)
and
(iii)
; and
(II)
allocate 50% of the appropriations based on the ratio that the population of
each county meeting the requirements of Subsections
(2)(i)(ii)
and
(iii)

bears to the total population of all of the counties meeting the requirements
of Subsections
(2)(i)(ii)
and
(iii)
; and
(B)
after making the allocations described in Subsection
(2)(i)(iv)(A)
, distribute
the allocated revenues to special service districts established by the counties
under Title 17D, Chapter 1, Special Service District Act, as determined by the
executive director of the Department of Workforce Services after consulting
with the county legislative bodies of the counties meeting the requirements of
Subsections
(2)(i)(ii)
and
(iii)
.
(v)
The executive director of the Department of Workforce Services:
(A)
shall determine whether a county meets the requirements of Subsections
(2)(i)(ii)
and
(iii)
;
(B)
shall distribute the appropriations under Subsection
(2)(i)(i)
to special service
districts established by counties under Title 17D, Chapter 1, Special Service
District Act, that meet the requirements of Subsections
(2)(i)(ii)
and
(iii)
; and
(C)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, may make rules:
(I)
providing a procedure for making the distributions under this Subsection
(2)(i)
to special service districts; and
(II)
defining the term "population" for purposes of Subsection
(2)(i)(iv)
.
(j)
(i)
The Legislature shall annually make the following appropriations from the
Mineral Lease Account:
(A)
an amount equal to 52 cents multiplied by the number of acres of school or
institutional trust lands, lands owned by the Division of State Parks or the
Division of Outdoor Recreation, and lands owned by the Division of Wildlife
Resources that are not under an in lieu of taxes contract, to each county in
which those lands are located;
(B)
to each county in which school or institutional trust lands are transferred to the
federal government after December 31, 1992, an amount equal to the number
of transferred acres in the county multiplied by a payment per acre equal to the
difference between 52 cents per acre and the per acre payment made to that
county in the most recent payment under the federal payment in lieu of taxes
program, 31 U.S.C. Sec. 6901 et seq., unless the federal payment was equal to
or exceeded the 52 cents per acre, in which case a payment under this
Subsection
(2)(j)(i)(B)
may not be made for the transferred lands;
(C)
to each county in which federal lands, which are entitlement lands under the
federal in lieu of taxes program, are transferred to the school or institutional
trust, an amount equal to the number of transferred acres in the county
multiplied by a payment per acre equal to the difference between the most
recent per acre payment made under the federal payment in lieu of taxes
program and 52 cents per acre, unless the federal payment was equal to or less
than 52 cents per acre, in which case a payment under this Subsection
(2)(j)(i)(C)
may not be made for the transferred land; and
(D)
to a county of the fifth or sixth class, an amount equal to the product of:
(I)
$1,000; and
(II)
the number of residences described in Subsection
(2)(j)(iv)
that are located
within the county.
(ii)
A county receiving money under Subsection
(2)(j)(i)
may, as determined by the
county legislative body, distribute the money or a portion of the money to:
(A)
special service districts established by the county under Title 17D, Chapter 1,
Special Service District Act;
(B)
school districts; or
(C)
public institutions of higher education.
(iii)
(A)
Beginning in fiscal year 1994-95 and in each year after fiscal year
1994-95, the Division of Finance shall increase or decrease the amounts per
acre provided for in Subsections
(2)(j)(i)(A)
through
(C)
by the average annual
change in the Consumer Price Index for all urban consumers published by the
Department of Labor.
(B)
For fiscal years beginning on or after fiscal year 2001-02, the Division of
Finance shall increase or decrease the amount described in Subsection
(2)(j)(i)(D)(I)
by the average annual change in the Consumer Price Index for
all urban consumers published by the Department of Labor.
(iv)
Residences for purposes of Subsection
(2)(j)(i)(D)(II)
are residences that are:
(A)
owned by:
(I)
the Division of State Parks;
(II)
the Division of Outdoor Recreation; or
(III)
the Division of Wildlife Resources;
(B)
located on lands that are owned by:
(I)
the Division of State Parks;
(II)
the Division of Outdoor Recreation; or
(III)
the Division of Wildlife Resources; and
(C)
are not subject to taxation under:
(I)
Chapter 2, Property Tax Act; or
(II)
Chapter 4, Privilege Tax.
(k)
The Legislature shall annually appropriate to the Permanent Community Impact
Fund all deposits remaining in the Mineral Lease Account after making the
appropriations provided for in Subsections
(2)(d)
through
(j)
.
(3)
(a)
Each agency, board, institution of higher education, and political subdivision
receiving money under this chapter shall provide the Legislature, through the Office
of the Legislative Fiscal Analyst, with a complete accounting of the use of that
money on an annual basis.
(b)
The accounting required under Subsection
(3)(a)
shall:
(i)
include actual expenditures for the prior fiscal year, budgeted expenditures for the
current fiscal year, and planned expenditures for the following fiscal year; and
(ii)
be reviewed by the Economic and Community Development Appropriations
Subcommittee as part of its normal budgetary process under Title 63J, Chapter 1,
Budgetary Procedures Act.
Section 30. Section
63A-3-205
is amended to read:
63A-3-205
Effective
07/01/26
. Revolving loan funds -- Standards and
procedures.
(1)
As used in this section, "revolving loan fund" means:
(a)
the Water Resources Conservation and Development Fund, created in Section
73-10-24
;
(b)
the Water Resources Construction Fund, created in Section
73-10-8
;
(c)
the Clean Fuel Conversion Funds, created in
Title 19, Chapter 1, Part 4, Clean Fuels
and Emission Reduction Technology Program Act
;
(d)
the Water Development Security Fund and
its
the Water Development Security
Fund's
subaccounts, created in Section
73-10c-5
;
(e)
the Agriculture Resource Development Fund, created in Section
4-18-106
;
(f)
the Utah Rural Rehabilitation Fund, created in Section
4-19-105
;
(g)
the Permanent Community Impact Fund, created in Section
35A-8-303
63N-22-503
;
(h)
the Petroleum Storage Tank Fund, created in Section
19-6-409
;
(i)
the Uintah Basin Revitalization Fund, created in Section
35A-8-1602
63N-22-602
;
(j)
the Navajo Revitalization Fund, created in Section
35A-8-1704
63N-22-703
; and
(k)
the Energy Efficiency Fund, created in Section
11-45-201
.
(2)
The division shall for each revolving loan fund make rules establishing standards and
procedures governing:
(a)
payment schedules and due dates;
(b)
interest rate effective dates;
(c)
loan documentation requirements; and
(d)
interest rate calculation requirements.
Section 31. Section
63A-17-308
is enacted to read:
63A-17-308
Effective
07/01/26
. Transferred employee from Department of
Workforce Services to the Governor's Office of Economic Opportunity.
(1)
An employee who is employed with the Housing and Community Development
Division within the Department of Workforce Services, and who transfers to the
Division of Housing and Community Development within the Governor's Office of
Economic Opportunity on or after July 1, 2026:
(a)
(i)
from a career service schedule B position to a career service exempt schedule A
position, shall maintain the employee's career service status for the duration of the
employee's employment in the same position from which the employee transferred
unless the employee voluntarily converts to a career service exempt status; or
(ii)
from a career service exempt schedule A position to the same position, shall
remain a career service exempt at-will employee; or
(b)
is exempt from career service status if the employee is a probationary employee in a
career service schedule B position and:
(i)
before July 1, 2026, has not completed the probationary period; and
(ii)
on July 1, 2026, is transferred to a career service exempt position.
(2)
An employee who is hired by the Division of Housing and Community Development
within the Governor's Office of Economic Opportunity after July 1, 2026, is a career
service exempt at-will employee.
Section 32. Section
63B-1b-102
is amended to read:
63B-1b-102
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Agency bonds" means any bond, note, contract, or other evidence of indebtedness
representing loans or grants made by an authorizing agency.
(2)
"Authorized official" means the state treasurer or other person authorized by a bond
document to perform the required action.
(3)
"Authorizing agency" means the board, person, or unit with legal responsibility for
administering and managing revolving loan funds.
(4)
"Bond document" means:
(a)
a resolution of the commission; or
(b)
an indenture or other similar document authorized by the commission that authorizes
and secures outstanding revenue bonds from time to time.
(5)
"Commission" means the State Bonding Commission, created in Section
63B-1-201
.
(6)
"Revenue bonds" means any special fund revenue bonds issued under this chapter.
(7)
"Revolving Loan Funds" means:
(a)
the Water Resources Conservation and Development Fund, created in Section
73-10-24
;
(b)
the Water Resources Construction Fund, created in Section
73-10-8
;
(c)
the Clean Fuel Conversion Funds, created in
Title 19, Chapter 1, Part 4, Clean Fuels
and Emission Reduction Technology Program Act
;
(d)
the Water Development Security Fund and
its
the Water Development Security
Fund's
subaccounts, created in Section
73-10c-5
;
(e)
the Agriculture Resource Development Fund, created in Section
4-18-106
;
(f)
the Utah Rural Rehabilitation Fund, created in Section
4-19-105
;
(g)
the Permanent Community Impact Fund, created in Section
35A-8-303
63N-22-503
;
(h)
the Petroleum Storage Tank Fund, created in Section
19-6-409
; and
(i)
the State Infrastructure Bank Fund, created in Section
72-2-202
.
Section 33. Section
63B-1b-202
is amended to read:
63B-1b-202
Effective
07/01/26
. Custodial officer -- Powers and duties.
(1)
(a)
There is created within the Division of Finance an officer responsible for the care,
custody, safekeeping, collection, and accounting of all bonds, notes, contracts, trust
documents, and other evidences of indebtedness:
(i)
owned or administered by the state or
any of its agencies
an agency of the state
;
and
(ii)
except as provided in Subsection
(1)(b)
, relating to revolving loan funds.
(b)
Notwithstanding Subsection
(1)(a)
, the officer described in Subsection
(1)(a)
is not
responsible for the care, custody, safekeeping, collection, and accounting of a bond,
note, contract, trust document, or other evidence of indebtedness relating to the:
(i)
Agriculture Resource Development Fund, created in Section
4-18-106
;
(ii)
Utah Rural Rehabilitation Fund, created in Section
4-19-105
;
(iii)
Petroleum Storage Tank Fund, created in Section
19-6-409
;
(iv)
Olene Walker Housing Loan Fund, created in Section
35A-8-502
63N-22-302
;
(v)
Brownfields Fund, created in Section
19-8-120
; and
(vi)
Rural Opportunity Fund, created in Section
63N-4-805
.
(2)
(a)
Each authorizing agency shall deliver to
this
the
officer for the officer's care,
custody, safekeeping, collection, and accounting all bonds, notes, contracts, trust
documents, and other evidences of indebtedness:
(i)
owned or administered by the state or
any of its agencies
an agency of the state
;
and
(ii)
except as provided in Subsection
(1)(b)
, relating to revolving loan funds.
(b)
This
The
officer shall:
(i)
establish systems, programs, and facilities for the care, custody, safekeeping,
collection, and accounting for the bonds, notes, contracts, trust documents, and
other evidences of indebtedness submitted to the officer under this Subsection
(2)
;
and
(ii)
shall
make available updated reports to each authorizing agency as to the status
of loans under
their
each authorizing agency's
authority.
(3)
The officer described in Section
63B-1b-201
shall deliver to the officer described in
Subsection
(1)(a)
for the care, custody, safekeeping, collection, and accounting by the
officer described in Subsection
(1)(a)
of all bonds, notes, contracts, trust documents, and
other evidences of indebtedness closed as provided in Subsection
63B-1b-201(2)(b)
.
Section 34. Section
63C-25-101
is amended to read:
63C-25-101
Effective
07/01/26
Repealed
07/01/27
. Definitions.
As used in this chapter:
(1)
"Authority" means the same as that term is defined in Section
63B-1-303
.
(2)
"Bond" means the same as that term is defined in Section
63B-1-101
.
(3)
(a)
"Bonding government entity" means the state or any entity that is authorized to
issue bonds under any provision of state law.
(b)
"Bonding government entity" includes:
(i)
a bonding political subdivision; and
(ii)
a public infrastructure district that is authorized to issue bonds either directly, or
through the authority of a bonding political subdivision or other governmental
entity.
(4)
"Bonding political subdivision" means:
(a)
the Utah Inland Port Authority, created in Section
11-58-201
;
(b)
the Military Installation Development Authority, created in Section
63H-1-201
;
(c)
the Point of the Mountain State Land Authority, created in Section
11-59-201
;
(d)
the Utah Lake Authority, created in Section
11-65-201
;
(e)
the State Fair Park Authority, created in Section
11-68-201
; or
(f)
the Utah Fairpark Area Investment and Restoration District, created in Section
11-70-201
.
(5)
"Commission" means the State Finance Review Commission created in Section
63C-25-201
.
(6)
"Concessionaire" means a person who:
(a)
operates, finances, maintains, or constructs a government facility under a contract
with a bonding political subdivision; and
(b)
is not a bonding government entity.
(7)
"Concessionaire contract" means a contract:
(a)
between a bonding government entity and a concessionaire for the operation, finance,
maintenance, or construction of a government facility;
(b)
that authorizes the concessionaire to operate the government facility for a term of
five years or longer, including any extension of the contract; and
(c)
in which all or some of the annual source of payment to the concessionaire comes
from state funds provided to the bonding government entity.
(8)
"Creating entity" means the same as that term is defined in Section
17D-4-102
.
(9)
"Government facility" means infrastructure, improvements, or a building that:
(a)
costs more than $5,000,000 to construct; and
(b)
has a useful life greater than five years.
(10)
"Large public transit district" means the same as that term is defined in Section
17B-2a-802
.
(11)
"Loan entity" means the board, person, unit, or agency with legal responsibility for
making a loan from a revolving loan fund.
(12)
"Obligation" means the same as that term is defined in Section
63B-1-303
.
(13)
"Parameters resolution" means a resolution of a bonding government entity that sets
forth for proposed bonds:
(a)
the maximum:
(i)
amount of bonds;
(ii)
term; and
(iii)
interest rate; and
(b)
the expected security for the bonds.
(14)
"Public infrastructure district" means a public infrastructure district created under Title
17D, Chapter 4, Public Infrastructure District Act.
(15)
"Revolving loan fund" means:
(a)
the Water Resources Conservation and Development Fund, created in Section
73-10-24
;
(b)
the Water Resources Construction Fund, created in Section
73-10-8
;
(c)
the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean Fuels
and Emission Reduction Technology Program Act;
(d)
the Water Development Security Fund and
its
the Water Development Security
Fund's
subaccounts, created in Section
73-10c-5
;
(e)
the Agriculture Resource Development Fund, created in Section
4-18-106
;
(f)
the Utah Rural Rehabilitation Fund, created in Section
4-19-105
;
(g)
the Permanent Community Impact Fund, created in Section
35A-8-303
63N-22-503
;
(h)
the Petroleum Storage Tank Fund, created in Section
19-6-409
;
(i)
the School Building Revolving Account, created in Section
53F-9-206
;
(j)
the State Infrastructure Bank Fund, created in Section
72-2-202
;
(k)
the Uintah Basin Revitalization Fund, created in Section
35A-8-1602
63N-22-602
;
(l)
the Navajo Revitalization Fund, created in Section
35A-8-1704
63N-22-703
;
(m)
the Energy Efficiency Fund, created in Section
11-45-201
;
(n)
the Brownfields Fund, created in Section
19-8-120
;
(o)
any of the enterprise revolving loan funds created in Section
63A-3-402
: and
(p)
any other revolving loan fund created in statute where the borrower from the
revolving loan fund is a public non-profit entity or political subdivision, including a
fund listed in Section
63A-3-205
, from which a loan entity is authorized to make a
loan.
(16)
(a)
"State funds" means an appropriation by the Legislature identified as coming
from the General Fund or Education Fund.
(b)
"State funds" does not include:
(i)
a revolving loan fund; or
(ii)
revenues received by a bonding political subdivision from:
(A)
a tax levied by the bonding political subdivision;
(B)
a fee assessed by the bonding political subdivision; or
(C)
operation of the bonding political subdivision's government facility.
Section 35. Section
63H-8-201
is amended to read:
63H-8-201
Effective
05/06/26
. Creation -- Trustees -- Terms -- Vacancies --
Chair -- Powers -- Quorum -- Per diem and expenses -- Annual conflict of interest
disclosure statement -- Penalties.
(1)
(a)
There is created an independent body politic and corporate, constituting a public
corporation, known as the "Utah Housing Corporation."
(b)
The corporation may also be known and do business as the:
(i)
Utah Housing Finance Association; and
(ii)
Utah Housing Finance Agency in connection with a contract entered into when
that was the corporation's legal name.
(c)
No other entity may use the names described in Subsections
(1)(a)
and
(b)
without
the express approval of the corporation.
(2)
The corporation is governed by a board of trustees composed of the following nine
trustees:
(a)
the executive director of the Department of Workforce Services or the executive
director's designee
through June 30, 2026
;
(b)
the commissioner of the Department of Financial Institutions or the commissioner's
designee;
(c)
the state treasurer or the treasurer's designee;
and
(d)
six public trustees, who are private citizens of the state, as follows:
(i)
two people who represent the mortgage lending industry;
(ii)
two people who represent the home building and real estate industry; and
(iii)
two people who represent the public at large.
(d)
six public trustees, all of whom are private citizens of the state, appointed by the
governor, and who shall have expertise in the following industries or related fields of:
(i)
housing;
(ii)
finance;
(iii)
banking; or
(iv)
real estate development; and
(e)
beginning July 1, 2026, the state housing coordinator of the Division of Housing and
Community Development within the Governor's Office of Economic Opportunity.
(3)
The governor shall:
(a)
appoint the six public trustees of the corporation with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
(b)
ensure that among the six public trustees, no more than two
are from the same
county and all are residents of the state
are from the same industry described in
Subsections
(2)(d)(i)
through
(iv)
.
(4)
(a)
Except as required by Subsection
(4)(b)
, the governor shall appoint the six public
trustees to terms of office of four years each.
(b)
Notwithstanding the requirements of Subsection
(4)(a)
, the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the
terms of corporation trustees are staggered so that approximately half of the board is
appointed every two years.
(5)
(a)
A public trustee of the corporation may be removed from office for cause either
by the governor or by an affirmative vote of six trustees of the corporation.
(b)
When a vacancy occurs in the board of trustees for any reason, the replacement shall
be appointed for the unexpired term.
(c)
A public trustee shall hold office for the term of appointment and until the trustee's
successor has been appointed and qualified.
(d)
A public trustee is eligible for reappointment but may not serve more than two full
consecutive terms.
(6)
(a)
The governor shall select the chair of the corporation.
(b)
The trustees shall elect from among
their number
the trustees
a vice chair and other
officers
they
the trustees
may determine.
(7)
(a)
Five trustees of the corporation constitute a quorum for transaction of business.
(b)
An affirmative vote of at least five trustees is necessary for any action to be taken by
the corporation.
(c)
A vacancy in the board of trustees does not
impair the right of a quorum to exercise
all rights and perform all
prevent a quorum from exercising the rights and performing
the
duties of the corporation.
(8)
A trustee may not receive compensation or benefits for the trustee'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
according to
in accordance with
Sections
63A-3-106
and
63A-3-107
.
(9)
A trustee shall, no sooner than January 1 and no later than January 31 of each year
during which the trustee holds office on the board of trustees:
(a)
prepare a written conflict of interest disclosure statement that contains a response to
each item of information described in Subsection
20A-11-1604(6)
; and
(b)
submit the written disclosure statement to the administrator or clerk of the board of
trustees.
(10)
(a)
No later than 10 business days after the date on which the trustee submits the
written disclosure statement described in Subsection
(9)
to the administrator or clerk
of the board of trustees, the administrator or clerk shall:
(i)
post a copy of the written disclosure statement on the corporation's website; and
(ii)
provide the lieutenant governor with a link to the electronic posting described in
Subsection
(10)(a)(i)
.
(b)
The administrator or clerk shall ensure that the trustee's written disclosure statement
remains posted on the corporation's website until the trustee leaves office.
(11)
The administrator or clerk of the board of trustees shall take the action described in
Subsection
(12)
if:
(a)
a trustee fails to timely file the written disclosure statement described in Subsection
(9)
; or
(b)
a submitted written disclosure statement does not comply with the requirements of
Subsection
20A-11-1604(6)
.
(12)
If a circumstance described in Subsection
(11)
occurs, the administrator or clerk of the
board of trustees shall, within five days after the day on which the administrator or clerk
determines that a violation occurred, notify the trustee of the violation and direct the
trustee to submit an amended written disclosure statement correcting the problem.
(13)
(a)
It is unlawful for a trustee to fail to submit or amend a written disclosure
statement within seven days after the day on which the trustee receives the notice
described in Subsection
(12)
.
(b)
A trustee who violates Subsection
(13)(a)
is guilty of a class B misdemeanor.
(c)
The administrator or clerk of the board of trustees shall report a violation of
Subsection
(13)(a)
to the attorney general.
(d)
In addition to the criminal penalty described in Subsection
(13)(b)
, the administrator
or clerk of the board of trustees shall impose a civil fine of $100 against a member
who violates Subsection
(13)(a)
.
(14)
The administrator or clerk of the board shall deposit a fine collected under this section
into the corporation's account to pay for the costs of administering this section.
(15)
In addition to the written disclosure statement described in Subsection
(9)
, a trustee
described in Subsection
(2)(d)
shall also comply with the conflict of interest provisions
described in Section
63G-24-301
.
Section 36. Section
63H-8-203
is amended to read:
63H-8-203
Effective
07/01/26
. President and chief executive officer --
Secretary-treasurer -- Powers and duties -- Power to employ experts -- Power to employ
independent legal counsel.
(1)
(a)
(i)
The trustees shall appoint a president who is the chief executive officer of
the corporation.
(ii)
The president:
(A)
may not be a trustee of the corporation;
(B)
serves at the pleasure of the trustees; and
(C)
shall receive compensation as set by the trustees.
(b)
The president, who shall also be the secretary-treasurer, shall:
(i)
establish bank accounts and other monetary investments in the name of the
corporation; and
(ii)
administer, manage, and direct the affairs and activities of the corporation in
accordance with the policies, control, and direction of the trustees.
(c)
The president shall approve all accounts for salaries, allowable expenses of the
corporation, or of any corporation employee or consultant, and expenses incidental to
the operation of the corporation.
(d)
The president shall perform any other duties as may be directed by the trustees in
carrying out this chapter.
(2)
(a)
The president shall:
(i)
attend the meetings of the corporation;
(ii)
keep a record of the proceedings of the corporation; and
(iii)
maintain and be custodian of:
(A)
books, documents, and papers filed with the corporation;
(B)
the minute book or journal of the corporation; and
(C)
the corporation's official seal.
(b)
The president may cause copies to be made of minutes and other records and
documents of the corporation and may give certificates under seal of the corporation
to the effect that those copies are true copies, and a person dealing with the
corporation may rely upon those certificates.
(3)
(a)
The corporation may employ or engage technical experts, independent
professionals and consultants, and other officers, agents, or employees, permanent or
temporary, as it considers necessary to carry out the efficient operation of the
corporation, and shall determine their qualifications, duties, and compensation.
(b)
The trustees may delegate to one or more of the corporation's agents, representatives,
or employees administrative duties that the trustees consider proper.
(4)
The corporation may employ and retain independent legal counsel.
(5)
The corporation shall coordinate with the Division of Housing and Community
Development within the Governor's Office of Economic Opportunity to assist the
corporation in meeting the corporation's purposes described in this chapter.
Section 37. Section
63L-11-402
is amended to read:
63L-11-402
Effective
07/01/26
Repealed
07/01/27
. Membership -- Terms --
Chair -- Expenses.
(1)
The Resource Development Coordinating Committee consists of the following 26
members:
(a)
the state science advisor;
(b)
a representative from the Department of Agriculture and Food appointed by the
commissioner of the Department of Agriculture and Food;
(c)
a representative from the Department of Cultural and Community Engagement
appointed by the executive director of the Department of Cultural and Community
Engagement;
(d)
a representative from the Department of Environmental Quality appointed by the
executive director of the Department of Environmental Quality;
(e)
a representative from the Department of Natural Resources appointed by the
executive director of the Department of Natural Resources;
(f)
a representative from the Department of Transportation appointed by the executive
director of the Department of Transportation;
(g)
a representative from the Governor's Office of Economic Opportunity appointed by
the director of the Governor's Office of Economic Opportunity;
(h)
a representative from the
Housing and Community Development Division
Division
of Community Services
appointed by the director of the
Housing and Community
Development Division
Division of Community Services
;
(i)
a representative from the Utah Historical Society appointed by the director of the
Utah Historical Society;
(j)
a representative from the Division of Air Quality appointed by the director of the
Division of Air Quality;
(k)
a representative from the Division of Drinking Water appointed by the director of the
Division of Drinking Water;
(l)
a representative from the Division of Environmental Response and Remediation
appointed by the director of the Division of Environmental Response and
Remediation;
(m)
a representative from the Division of Waste Management and Radiation Control
appointed by the director of the Division of Waste Management and Radiation
Control;
(n)
a representative from the Division of Water Quality appointed by the director of the
Division of Water Quality;
(o)
a representative from the Division of Oil, Gas, and Mining appointed by the director
of the Division of Oil, Gas, and Mining;
(p)
a representative from the Division of Parks appointed by the director of the Division
of Parks;
(q)
a representative from the Division of Outdoor Recreation appointed by the director
of the Division of Outdoor Recreation;
(r)
a representative from the Division of Forestry, Fire, and State Lands appointed by the
director of the Division of Forestry, Fire, and State Lands;
(s)
a representative from the Utah Geological Survey appointed by the director of the
Utah Geological Survey;
(t)
a representative from the Division of Water Resources appointed by the director of
the Division of Water Resources;
(u)
a representative from the Division of Water Rights appointed by the director of the
Division of Water Rights;
(v)
a representative from the Division of Wildlife Resources appointed by the director of
the Division of Wildlife Resources;
(w)
a representative from the School and Institutional Trust Lands Administration
appointed by the director of the School and Institutional Trust Lands Administration;
(x)
a representative from the Division of Facilities Construction and Management
appointed by the director of the Division of Facilities Construction and Management;
(y)
a representative from the Division of Emergency Management appointed by the
director of the Division of Emergency Management; and
(z)
a representative from the Division of Conservation, created under Section
4-46-401
,
appointed by the director of the Division of Conservation.
(2)
(a)
As particular issues require, the coordinating committee may, by majority vote of
the members present, appoint additional temporary members to serve as ex officio
voting members.
(b)
Those
The
ex officio members
described under Subsection
(2)(a)

may discuss and
vote on the issue or issues for which
they were
the ex officio member is
appointed.
(3)
A chair shall be selected by a vote of 14 committee members with the concurrence of
the advisor.
(4)
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)
Sections
63A-3-106
and
63A-3-107
; and
(b)
rules made by the Division of Finance
pursuant to
in accordance with
Sections
63A-3-106
and
63A-3-107
.
Section 38. Section
63N-22-101
is enacted to read:
22. Division of Housing and Community Development
1. General Provisions
63N-22-101
Effective
07/01/26
. 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)
"Division" means the Division of Housing and Community Development.
(3)
"Housing coordinator" means the state housing coordinator of the Division of Housing
and Community Development.
(4)
"Low-income individual" means an individual whose household income is less than
80% of the area median income.
(5)
"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.
(6)
"Moderate income housing unit" means a housing unit that qualifies as moderate
income housing.
Section 39. Section
63N-22-102
is enacted to read:
63N-22-102
Effective
07/01/26
. Division of Housing and Community
Development -- Creation -- Responsibilities.
(1)
There is created the Division of Housing and Community Development within the
Governor's Office of Economic Opportunity.
(2)
The division shall be under the authority of the state housing coordinator.
(3)
The division shall:
(a)
create the state housing plan, as described in Section
63N-22-104
;
(b)
assist housing authorities in carrying out the housing authority's responsibilities
under Title
35A, Chapter 8, Part 4
, Housing Authorities;
(c)
assist, when requested by a county or municipality, in the development of accessible
housing;
(d)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, regarding the form and content of a moderate income housing
report in accordance with Title 10, Chapter 21, Municipalities and Housing Supply
and Title 17, Chapter 80, Counties and Housing Supply, to:
(i)
ensure consistency across reporting political subdivisions; and
(ii)
promote better potential analysis of report data;
(e)
analyze the housing data received by political subdivisions; and
(f)
no later than November 1 of each year, provide a report with the analyses of the
housing data the division collects to the Economic Development and Workforce
Services Interim Committee and the Political Subdivisions Interim Committee.
Section 40. Section
63N-22-103
is enacted to read:
63N-22-103
Effective
07/01/26
. Division of Housing and Community
Development state housing coordinator appointment, functions, and duties.
(1)
(a)
The governor, with the advice and consent of the Senate, shall appoint a state
housing coordinator of the Division of Housing and Community Development to
perform the functions and duties described in this section.
(b)
The housing coordinator serves at the pleasure of and under the direction of the
governor.
(c)
The salary of the housing coordinator shall be established by the governor within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer
Compensation.
(2)
The housing coordinator shall:
(a)
act as the governor's adviser on state housing matters;
(b)
counsel with the authorized representatives of the Department of Transportation, the
Division of Facilities Construction and Management, the Department of Health and
Human Services, the Department of Workforce Services, the Labor Commission, the
Department of Natural Resources, the School and Institutional Trust Lands
Administration, the Utah Housing Corporation, and other proper persons concerning
state housing matters;
(c)
when designated to do so by the governor, receive funds made available to the state
by the federal government;
(d)
provide information and cooperate with the Legislature or legislative committees in
conducting housing studies;
(e)
cooperate and exchange information with federal agencies and local, metropolitan, or
regional agencies as necessary to assist with federal, state, regional, metropolitan, and
local housing programs;
(f)
make recommendations to the governor that the housing coordinator considers
advisable for the proper development and coordination of housing for the state; and
(g)
assist in the interpretation of housing projections and analyses with respect to future
growth needs.
(3)
The housing coordinator may:
(a)
assist city, county, metropolitan, and regional planning agencies in performing local,
metropolitan, and regional planning, subject to Subsection
(4)
;
(b)
appoint staff; and
(c)
conduct, or coordinate with stakeholders to conduct public meetings or hearings to:
(i)
encourage maximum public understanding of an agreement with the factual data
and assumptions upon which housing projections and analyses are based; and
(ii)
receive suggestions as to the types of housing projections and analyses that are
needed.
(4)
In performing the duties described in Subsection
(3)
, to the extent possible, the housing
coordinator or the housing coordinator's designee shall recognize and promote the plans,
policies, programs, processes, and desired outcomes of the city, county, metropolitan, or
regional planning agency that the housing coordinator or the housing coordinator's
designee is assisting.
(5)
In assisting in the preparation of housing plans, policies, programs, or processes related
to the management or use of federal lands or natural resources on federal lands in the
state, the housing coordinator shall coordinate with the Public Lands Policy
Coordinating Office created in Section
63L-11-201
.
Section 41. Section
63N-22-104
, which is renumbered from Section 63J-4-402 is renumbered
and amended to read:
63J-4-402
63N-22-104
Effective
07/01/26
. State housing plan.
(1)
The
office
division
shall develop a state housing plan by December 31, 2025.
(2)
(a)
The
office
division
shall partner with the Legislature, municipal and county
governments, the home building industry and related stakeholders, and the general
public in the development of the state housing plan described in Subsection
(1)
.
(b)
In developing the state housing plan, the
office
division
may develop regional
housing plans within the state housing plan.
(3)
The state housing plan shall:
(a)
prioritize collaboration over preemption and collaboration across private and public
sectors;
(b)
promote a holistic and regional approach to housing;
(c)
enable connected communities and center-based development;
(d)
acknowledge cross-issue policy alignment;
(e)
maintain a long-range vision;
(f)
promote opportunity and inclusivity;
(g)
recognize complex market forces; and
(h)
consider rural and urban contexts.
(4)
The state housing plan shall include data and metrics:
(a)
about actual and potential housing production;
(b)
about actual and potential infrastructure capacity, maintenance, and development; and
(c)
allowing the
office
division
to measure success of the state housing plan over time.
(5)
In gathering data and developing metrics, the
office may
division shall
analyze
moderate income housing reports received by the
Division of Housing and Community
Development
division
and:
(a)
determine which, if any, of the moderate income housing strategies described in
Sections
10-21-201
and
17-80-201
are correlated with an increase in the supply of
moderate income housing, either built or entitled to be built, in the political
subdivision that implements the moderate income housing strategy; and
(b)
draw conclusions regarding any data trends identified by the
office
division
as
meaningful or significant.
(6)
By no later than October 1 of each year, the
office
division
shall provide a written
report on the development and implementation of the state housing plan to the
Economic
Development and Workforce Services Interim Committee and the
Political Subdivisions
Interim Committee.
Section 42. Section
63N-22-201
, which is renumbered from Section 35A-8-803 is renumbered
and amended to read:
2. Housing Coordination and Planning
35A-8-803
63N-22-201
Effective
07/01/26
. 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
the political subdivision's
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
the political subdivision's
jurisdiction;
(vii)
for municipalities or counties required to submit an annual moderate income
housing report to the
department
division
as described in Section
10-21-202
or
17-80-202
:
(A)
assist in the creation of the reports; and
(B)
review the reports to meet the requirements of Sections
10-21-202
and
17-80-202
;
(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
10-21-201
and
17-80-201
;
and
coordinate with Utah Housing Corporation to assist the division in the
administration of housing programs within the state; and
(b)
subject to Subsection
(2)
, and
within legislative appropriations, the division
, in
cooperation with the Department of Workforce Services and the Utah Housing
Corporation,
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
63N-22-301
through
35A-8-508
63N-22-309
.
(3)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
department
division
shall make rules describing the review process for moderate income
housing reports described in Subsection
(1)(a)(vii)
.
Section 43. Section
63N-22-202
, which is renumbered from Section 35A-8-804 is renumbered
and amended to read:
35A-8-804
63N-22-202
Effective
07/01/26
. Moderate income housing plan
coordination.
(1)
Within appropriations from the Legislature, the division shall establish a program to
assist municipalities to comply with the moderate income housing requirements
described in Section
10-21-201
and counties to comply with the moderate income
housing requirements described in Section
17-80-201
.
(2)
Assistance under this section may include:
(a)
financial assistance for the cost of developing a plan for low and moderate income
housing;
(b)
information on how to meet present and prospective needs for low and moderate
income housing; and
(c)
technical advice and consultation on how to facilitate the creation of low and
moderate income housing.
(3)
The division shall submit an annual report to the
department
office
regarding the
scope, amount, and type of assistance provided to municipalities and counties under this
section, including the number of low and moderate income housing units constructed or
rehabilitated within the state, for inclusion in the
department's
office's
annual written
report described in Section
35A-1-109
63N-1a-306
.
Section 44. Section
63N-22-203
, which is renumbered from Section 35A-8-805 is renumbered
and amended to read:
35A-8-805
63N-22-203
Effective
07/01/26
. Moderate income housing plan
reporting requirements.
(1)
As used in this section:
(a)
"Affordable housing" means, as determined by the
department
division
, the number
of housing units within a county or municipality where a household whose income is
at or below 50% of area median income is able to live in a unit without spending
more than 30% of
their
the household's
income on housing costs.
(b)
"County" means the unincorporated area of a county.
(c)
"Low-income housing" means, as determined by the
department
division
, the
number of Section 42, Internal Revenue Code, housing units within a county or
municipality.
(d)
"Municipality" means a city or town.
(2)
(a)
On or before October 1 of each year, the division shall provide a report to the
department
office
for inclusion in the
department's
office's
annual report described
in Section
35A-1-109
63N-1a-306
.
(b)
The report shall include:
(i)
an estimate of how many affordable housing units and how many low-income
housing units are available in each county and municipality in the state;
(ii)
a determination of the percentage of affordable housing available in each county
and municipality in the state as compared to the statewide average;
(iii)
a determination of the percentage of low-income housing available in each
county and municipality in the state as compared to the statewide average; and
(iv)
a description of how information in the report was calculated.
Section 45. Section
63N-22-301
, which is renumbered from Section 35A-8-501 is renumbered
and amended to read:
3. Housing Supply and Service Programs
35A-8-501
63N-22-301
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Affordable housing" means housing occupied or reserved for occupancy by households
whose incomes are at or below certain income requirements at rental rates affordable to
such households.
(2)
"Board" means the Housing Board created by this part.
(3)
"Fund" means the Olene Walker Housing Loan Fund created by this part.
(4)
(a)
"Housing sponsor" means a person who constructs, develops, rehabilitates,
purchases, or owns a housing development that is or will be subject to legally
enforceable restrictive covenants that require the housing development to provide, at
least in part, affordable housing.
(b)
"Housing sponsor" may include:
(i)
a local public body;
(ii)
a nonprofit, limited profit, or for profit corporation;
(iii)
a limited partnership;
(iv)
a limited liability company;
(v)
a joint venture;
(vi)
a subsidiary of the Utah Housing Corporation;
(vii)
a cooperative;
(viii)
a mutual housing organization;
(ix)
a local government;
(x)
a local housing authority;
(xi)
a regional or statewide nonprofit housing or assistance organization; or
(xii)
any other entity that helps provide affordable housing.
(5)
"Rural" means a county in the state other than Utah, Salt Lake, Davis, or Weber.
Section 46. Section
63N-22-302
, which is renumbered from Section 35A-8-502 is renumbered
and amended to read:
35A-8-502
63N-22-302
Effective
07/01/26
. Olene Walker Housing Loan Fund
-- Creation -- Administration.
(1)
(a)
There is created an enterprise fund known as the Olene Walker Housing Loan
Fund, administered by the
executive director or the executive director's designee
housing coordinator or the housing coordinator's designee
.
(b)
The
department
division
is the administrator of the fund.
(2)
There shall be deposited into the fund:
(a)
grants, paybacks, bonuses, entitlements, and other money received by the
department
division
from the federal government to preserve, rehabilitate, build, restore, or
renew housing or for other activities authorized by the fund;
(b)
transfers, grants, gifts, bequests, and money made available from any source to
implement this part; and
(c)
money appropriated to the fund by the Legislature.
(3)
The money in the fund shall be invested by the state treasurer according to the
procedures and requirements of
Title 51, Chapter 7, State Money Management Act
,
except that all interest or other earnings derived from money in the fund shall be
deposited in the fund.
Section 47. Section
63N-22-303
, which is renumbered from Section 35A-8-503 is renumbered
and amended to read:
35A-8-503
63N-22-303
Effective
07/01/26
. Housing loan fund board -- Duties
-- Expenses.
(1)
There is created the Olene Walker Housing Loan Fund Board.
(2)
The board is composed of 14 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)
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)
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;
(ix)
one member who represents rural interests; and
(x)
one member who represents the interests of modular housing.
(b)
The
director or the director's
housing coordinator or the housing coordinator'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
board
meetings; and
(iv)
comply with the procedures and requirements of Title 52, Chapter 4, Open and
Public Meetings Act.
(b)
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
in accordance with
Sections
63A-3-106
and
63A-3-107
.
Section 48. Section
63N-22-304
, which is renumbered from Section 35A-8-504 is renumbered
and amended to read:
35A-8-504
63N-22-304
Effective
07/01/26
. 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
.
(2)
The executive director
The housing coordinator
shall:
(a)
make grants and loans from the fund for any of the activities authorized by Section
35A-8-505
63N-22-305
, 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.
(3)
The executive director
The housing coordinator
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.
(4)
The executive director
The housing coordinator
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.
(5)
Except for federal money, money received under Section
17C-1-412
, and money
appropriated for use in accordance with Section
35A-8-2105
63N-22-404
,
the
executive director
the housing coordinator
shall distribute, as directed by the board,
money in the fund according to the following requirements:
(a)
the executive director
the housing coordinator
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;
(b)
the executive director
the housing coordinator
may use up to 6% of the revenues of
the fund, including any appropriation to the fund, to offset
department
division
or
board administrative expenses;
(c)
the executive director
the housing coordinator
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
(d)
if the executive director or the executive director's
if the housing coordinator or the
housing coordinator'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.
(6)
The executive director
the housing coordinator
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 49. Section
63N-22-305
, which is renumbered from Section 35A-8-505 is renumbered
and amended to read:
35A-8-505
63N-22-305
Effective
07/01/26
. Activities authorized to receive
fund money -- Powers of the state housing coordinator.
At the direction of the board, the
executive director
housing coordinator
may:
(1)
provide fund money to any of the following activities:
(a)
the acquisition, rehabilitation, or new construction of low-income housing units;
(b)
matching funds for social services projects directly related to providing housing for
special-need renters in assisted projects;
(c)
the development and construction of accessible housing designed for low-income
persons;
(d)
the construction or improvement of a shelter or transitional housing facility that
provides services intended to prevent or minimize homelessness among members of a
specific homeless subpopulation;
(e)
the purchase of an existing facility to provide temporary or transitional housing for
the homeless in an area that does not require rezoning before providing such
temporary or transitional housing;
(f)
the purchase of land that will be used as the site of low-income housing units;
(g)
the preservation of existing affordable housing units for low-income persons;
(h)
providing loan guarantees under the two-year pilot program established in Section
35A-8-504.5
;
(i)
distribute funds to a qualifying applicant under the subordinate shared appreciation
mortgage loan program established in Section
35A-8-504.6
;
(j)
(h)
the award of predevelopment grants in accordance with Section
35A-8-507.5
63N-22-308
;
(k)
(i)
the creation or financial support of a mediation program for landlords and
tenants designed to minimize the loss of housing for low-income persons, which
program may include:
(i)
funding for the hiring or training of mediators;
(ii)
connecting landlords and tenants with mediation services; and
(iii)
providing a limited amount of gap funding to assist a tenant in making a good
faith payment towards attorney fees, damages, or other costs associated with
eviction proceedings or avoiding eviction proceedings; and
(l)
(j)
other activities that will assist in minimizing homelessness or improving the
availability or quality of housing in the state for low-income persons; and
(2)
do any act necessary or convenient to the exercise of the powers granted by this part or
reasonably implied from those granted powers, including:
(a)
making or executing contracts and other instruments necessary or convenient for the
performance of the
executive director
housing coordinator
and board's duties and the
exercise of the
executive director
housing coordinator
and board's powers and
functions under this part, including contracts or agreements for the servicing and
originating of mortgage loans;
(b)
procuring insurance against a loss in connection with property or other assets held by
the fund, including mortgage loans, in amounts and from insurers it considers
desirable;
(c)
entering into agreements with a department, agency, or instrumentality of the United
States or this state and with mortgagors and mortgage lenders for the purpose of
planning and regulating and providing for the financing and refinancing, purchase,
construction, reconstruction, rehabilitation, leasing, management, maintenance,
operation, sale, or other disposition of residential housing undertaken with the
assistance of the
department
division
under this part;
(d)
proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate,
repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real
or personal property obtained by the fund due to the default on a mortgage loan held
by the fund in preparation for disposition of the property, taking assignments of
leases and rentals, proceeding with foreclosure actions, and taking other actions
necessary or incidental to the performance of
its
the housing coordinator and board's

duties; and
(e)
selling, at a public or private sale, with public bidding, a mortgage or other obligation
held by the fund.
Section 50. Section
63N-22-306
, which is renumbered from Section 35A-8-506 is renumbered
and amended to read:
35A-8-506
63N-22-306
Effective
07/01/26
. Authority of the state housing
coordinator.
The
executive director
housing coordinator
, with the approval of the board, may grant
or lend fund money to a housing sponsor.
Section 51. Section
63N-22-307
, which is renumbered from Section 35A-8-507 is renumbered
and amended to read:
35A-8-507
63N-22-307
Effective
07/01/26
. Application process and priorities.
(1)
(a)
In each calendar year that money is available from the fund for distribution by the
executive director
housing coordinator
under the direction of the board, the
executive director
housing coordinator
shall, at least once in that year, announce a
grant and loan application period by sending notice to interested persons.
(b)
The
executive director
housing coordinator
shall accept applications that are
received in a timely manner.
(2)
The
executive director
housing coordinator
shall give priority to applications for
projects and activities in the following order:
(a)
first, to applications for projects and activities intended to minimize homelessness;
(b)
second, to applications for projects and activities that use existing privately owned
housing stock, including privately owned housing stock purchased by a nonprofit
public development authority; and
(c)
third, to all other applications.
(3)
Within each level of priority described in Subsection
(2)
, the
executive director
housing coordinator
shall give preference to applications that demonstrate the following:
(a)
a high degree of leverage with other sources of financing;
(b)
high recipient contributions to total project costs, including allied contributions from
other sources such as professional, craft, and trade services and lender interest rate
subsidies;
(c)
high local government project contributions in the form of infrastructure
improvements, or other assistance;
(d)
projects that encourage ownership, management, and other project-related
responsibility opportunities;
(e)
projects that demonstrate a strong probability of serving the original target group or
income level for a period of at least 15 years;
(f)
projects where the applicant has demonstrated the ability, stability, and resources to
complete the project;
(g)
projects that appear to serve the greatest need;
(h)
projects that provide housing for persons and families with the lowest income;
(i)
projects that promote economic development benefits;
(j)
projects that align with a local government plan to address housing and homeless
services; and
(k)
projects that would mitigate or correct existing health, safety, or welfare problems.
(4)
The
executive director
housing coordinator
may give consideration to projects that
increase the supply of accessible housing.
Section 52. Section
63N-22-308
, which is renumbered from Section 35A-8-507.5 is renumbered
and amended to read:
35A-8-507.5
63N-22-308
Effective
07/01/26
. Predevelopment grants.
(1)
The
executive director
housing coordinator
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
housing coordinator
shall, under the direction of the board,
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)
The recipient of a predevelopment grant:
(a)
may 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 use grant funds to pay for staff salaries or construction costs.
(4)
The
executive director
housing coordinator
shall, under the direction of the board,
prioritize the awarding of a predevelopment grant for a project that is located within:
(a)
a county of the fifth or sixth class; and
(b)
an area that has underdeveloped infrastructure, as demonstrated by at least two of the
following:
(i)
limited or no availability of natural gas;
(ii)
limited or no availability of a sewer system;
(iii)
limited or no availability of broadband Internet;
(iv)
unpaved residential streets; or
(v)
limited local construction professionals, vendors, or services.
Section 53. Section
63N-22-309
, which is renumbered from Section 35A-8-508 is renumbered
and amended to read:
35A-8-508
63N-22-309
Effective
07/01/26
. Annual accounting.
(1)
The
executive director
housing coordinator
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
housing
coordinator
with the approval of the board or by this part.
(2)
Beginning July 1, 2021, an entity that receives any money from the fund under this part
shall provide the
executive director
housing coordinator
with an annual accounting of
how the money the entity received from the fund has been spent.
(3)
The
executive director
housing coordinator
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
office
for inclusion in the annual
written report described in Section
35A-1-109
63N-1a-306
:
(a)
accounting for expenditures authorized by the board; and
(b)
evaluating the effectiveness of the program.
Section 54. Section
63N-22-310
, which is renumbered from Section 35A-8-509 is renumbered
and amended to read:
35A-8-509
63N-22-310
Effective
07/01/26
. 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
division
under
Subsection
35A-8-512
(3)(a)
Section
63N-22-314
.
(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
housing coordinator
may distribute money from the Economic
Revitalization and Investment Fund to one or more projects that:
(a)
include affordable housing units for households 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
(b)
have been approved by the board in accordance with Section
35A-8-510
63N-22-312
.
(5)
(a)
A housing sponsor may apply to the
department
division
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
the affordable housing unit
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)
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
(ii)
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.
(d)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department
division
may make additional rules providing procedures for a person to
apply to the
department
division
to receive a distribution described in Subsection
(4)
.
(6)
The
executive director
housing coordinator
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
division
or board
administrative expenses.
Section 55. Section
63N-22-311
, which is renumbered from Section 35A-8-509.5 is renumbered
and amended to read:
35A-8-509.5
63N-22-311
Effective
07/01/26
. 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
division
under
Subsection
35A-8-512(3)(b)
Section
63N-22-314
.
(3)
The Rural Housing Fund shall earn interest, which shall be deposited into the Rural
Housing Fund.
(4)
Subject to appropriation, the
executive director
housing coordinator
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
63N-22-312
.
(5)
(a)
A housing sponsor may apply to the
department
division
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
50 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
division
may make rules establishing procedures and requirements for
housing sponsors to apply for and receive loans under this section.
(6)
The
executive director
housing coordinator
may expend up to 3% of the revenues of
the Rural Housing Fund, including any appropriation to the Rural Housing Fund, to
offset
department
division
or board administrative expenses.
Section 56. Section
63N-22-312
, which is renumbered from Section 35A-8-510 is renumbered
and amended to read:
35A-8-510
63N-22-312
Effective
07/01/26
. Housing loan fund board approval.
(1)
The board shall review the project applications described in
Subsections
35A-8-509(5)

and
35A-8-509.5(5)
Sections
63N-22-310
and
63N-22-311
.
(2)
(a)
The board may approve a project that meets the requirements of
Subsections
35A-8-509(4)
and
(5)
Section
63N-22-310
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)
Section
63N-22-311
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 57. Section
63N-22-313
, which is renumbered from Section 35A-8-511 is renumbered
and amended to read:
35A-8-511
63N-22-313
Effective
07/01/26
. Activities authorized to receive
account money.
The
executive director
housing coordinator
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:
(1)
the acquisition, rehabilitation, or new construction of a building that includes moderate
income housing units;
(2)
the purchase of land for the construction of a building that will include moderate income
housing units; or
(3)
pre-development work, including planning, studies, design, and site work for a building
that will include moderate income housing units.
Section 58. Section
63N-22-314
, which is renumbered from Section 35A-8-512 is renumbered
and amended to read:
35A-8-512
63N-22-314
Effective
07/01/26
. 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 Subsection
35A-8-511(1)
63N-22-313(1)
, the
housing sponsor shall remit to the
department
division
:
(a)
the total amount of money distributed by the
department
division
to the housing
sponsor for the project; and
(b)
an additional amount of money determined by contract with the
department
division

prior to the initial disbursement of money.
(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
division
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
division
under Subsection
(1)
from a
housing sponsor that received funds from the Rural Housing Fund shall be deposited
in the Rural Housing Fund.
Section 59. Section
63N-22-315
, which is renumbered from Section 35A-8-513 is renumbered
and amended to read:
35A-8-513
63N-22-315
Effective
07/01/26
. Annual accounting.
(1)
The
executive director
housing coordinator
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
housing coordinator
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
housing coordinator
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)
Section
63N-22-310
has been
met.
(b)
A housing sponsor that receives funds from the Rural Housing Fund shall provide
the
executive director
housing coordinator
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)
Section
63N-22-311

has been met.
(3)
The
executive director
housing coordinator
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
office
for inclusion in the annual
written report described in Section
35A-1-109

63N-1a-306

that includes:
(a)
an accounting for expenditures authorized by the board; and
(b)
an evaluation of the effectiveness of each program.
Section 60. Section
63N-22-316
, which is renumbered from Section 35A-8-2401 is renumbered
and amended to read:
35A-8-2401
63N-22-316
Effective
07/01/26
. Pass-through funding agreements
-- Accounting for expenditures of a housing organization.
(1)
As used in this section:
(a)
"Housing organization" means an entity that:
(i)
manages a portfolio of investments;
(ii)
is dedicated to the preservation, enhancement, improvement, and rehabilitation of
affordable housing through property investment; and
(iii)
is controlled by a registered nonprofit.
(b)
"Pass-through funding" means state money appropriated by the Legislature to the
department
division
with the intent that the
department
division
grant or otherwise
disburse the state money to a third party.
(c)
"Rural" means the same as that term is defined in Section
35A-8-501
63N-22-301
.
(2)
(a)
This section applies to funds appropriated by the Legislature to the
department
division
for pass-through to a housing organization.
(b)
The
department
division
shall ensure that pass-through funding granted or
distributed before May 1, 2024 to a housing organization is subject to an agreement
as described in this section, either through amending existing agreements or
canceling existing agreements and issuing new agreements.
(3)
(a)
The
department
division
shall create agreements governing the use of
pass-through funding as described in this section.
(b)
Before a housing organization may accept pass-through funding
pursuant to
in
accordance with
this section, the entity shall enter into an agreement with the
department
division
governing the use of pass-through funding.
(4)
An agreement for pass-through funding shall require, at a minimum:
(a)
the housing organization match pass-through funding with private funding at no less
than a 70% private, 30% state split;
(b)
all pass-through funding be used by the housing organization to invest in housing
units that are rented at rates affordable to households with an annual income at or
below 80% of the area median income for a family within the county in which the
housing is located;
(c)
that 50% of pass-through funding be used by the housing organization to invest in
housing units that are rented at rates affordable to households with an annual income
at or below 50% of the area median income for a family within the county in which
the housing is located;
(d)
that at least 30% of pass-through funding be used by the housing organization to
invest in housing units that are located in a rural county;
(e)
that any property purchased with pass-through funding be subject to a deed
restriction for a minimum of 40 years to ensure the property remains a rental property
affordable to households as described in Subsection
(4)(b)
;
(f)
that returns on investment generated by pass-through funding shall be reinvested by
the housing organization the same as if the returns on investment are pass-through
funding; and
(g)
that the housing organization shall provide the division with the following
information at the end of each fiscal year:
(i)
the housing organization's annual audit, including:
(A)
a third-party independent auditor's findings on the housing organization's
compliance with this section and the terms of the housing organization's
agreement for pass-through funding; and
(B)
the audited financial statements for a legal entity used by the housing
organization to carry out activities authorized by this section;
(ii)
allocation of pass-through funds by county and housing type;
(iii)
progress and status of funded projects; and
(iv)
impact of pass-through funds on the availability of affordable housing across the
state and by region.
(5)
The
department
division
shall include in the annual written report described in Section
35A-1-109
63N-1a-306
a report accounting for the expenditures authorized by a housing
organization
pursuant to
in accordance with
an agreement with the
department
division
.
Section 61. Section
63N-22-401
, which is renumbered from Section 35A-8-2102 is renumbered
and amended to read:
4. Private Activity Bonds
35A-8-2102
63N-22-401
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Allocated volume cap" means a volume cap for which:
(a)
a certificate of allocation is in effect; or
(b)
bonds have been issued.
(2)
"Allotment accounts" means the various accounts created in Section
35A-8-2106
63N-22-405
.
(3)
"Board of review" means the Private Activity Bond Review Board created in Section
35A-8-2103
63N-22-402
.
(4)
"Bond" means any obligation for which an allocation of volume cap is required by the
code.
(5)
"Code" means the Internal Revenue Code of 1986, as amended, and any related Internal
Revenue Service regulations.
(6)
"Form 8038" means the Department of the Treasury tax form 8038 (OMB No.
1545-0720) or any other federal tax form or other method of reporting required by the
Department of the Treasury under Section 149(e) of the code.
(7)
"Issuing authority" means:
(a)
any county, city, or town in the state;
(b)
any not-for-profit corporation or joint agency, or other entity acting on behalf of one
or more counties, cities, towns, or any combination of these;
(c)
the state; or
(d)
any other entity authorized to issue bonds under state law.
(8)
"State" means the state of Utah and any
of its
state
agencies, institutions, and divisions
authorized to issue bonds or certificates under state law.
(9)
"Volume cap" means the private activity bond volume cap for the state as computed
under Section 146 of the code.
(10)
"Year" means each calendar year.
Section 62. Section
63N-22-402
, which is renumbered from Section 35A-8-2103 is renumbered
and amended to read:
35A-8-2103
63N-22-402
Effective
07/01/26
. Private Activity Bond Review
Board.
(1)
There is created within the
department
division
the Private Activity Bond Review
Board, composed of the following 11 members:
(a)
(i)
the executive director of the department or the executive director's designee
the housing coordinator or the housing coordinator's designee
;
(ii)
the executive director
of the Governor's Office of Economic Opportunity
or the
executive director's designee;
(iii)
the state treasurer or the state treasurer's designee;
(iv)
the chair of the Utah Board of Higher Education or the chair's designee; and
(v)
the chair of the Utah Housing Corporation or the chair's designee; and
(b)
six local government members who are:
(i)
three elected or appointed county officials, nominated by the Utah Association of
Counties and appointed or reappointed by the governor with the advice and
consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2,
Vacancies; and
(ii)
three elected or appointed municipal officials, nominated by the Utah League of
Cities and Towns and appointed or reappointed by the governor with the advice
and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2,
Vacancies.
(2)
(a)
Except as required by Subsection
(2)(b)
, the terms of office for the local
government members of the board of review shall be four-year terms.
(b)
Notwithstanding the requirements of Subsection
(2)(a)
, the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the
terms of board of review members are staggered so that approximately half of the
board of review is appointed every two years.
(c)
Members may be reappointed only once.
(3)
(a)
If a local government member ceases to be an elected or appointed official of the
city or county the member is appointed to represent, that membership on the board of
review terminates immediately and there shall be a vacancy in the membership.
(b)
When a vacancy occurs in the local government membership for any reason:
(i)
the Utah Association of Counties or the Utah League of Cities and Towns shall,
within 30 days after the date of the vacancy, nominate an official described in
Subsection
(1)(b)(i)
or
(ii)
, as applicable, to fill the vacancy; and
(ii)
the governor shall, with the advice and consent of the Senate in accordance with
Title 63G, Chapter 24, Part 2, Vacancies, appoint the nominee for the unexpired
term.
(4)
(a)
The chair of the board of review is the
executive director of the department or the
executive director's
housing coordinator or the housing coordinator's
designee.
(b)
The chair is
nonvoting except in the case of a tie vote
a nonvoting member, except
that the chair may vote to break a tie vote between the voting members
.
(5)
Six members of the board of review constitute a quorum.
(6)
Formal action by the board of review requires a majority vote of a quorum.
(7)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(8)
The chair of the board of review serves as the state official designated under state law to
make certifications required to be made under Section 146 of the code including the
certification required by Section 149(e)(2)(F) of the code.
(9)
A member appointed to fill a position described in Subsection
(1)(b)
shall comply with
the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
Interest.
Section 63. Section
63N-22-403
, which is renumbered from Section 35A-8-2104 is renumbered
and amended to read:
35A-8-2104
63N-22-403
Effective
07/01/26
. Powers, functions, and duties of
the board of review.
The board of review shall:
(1)
make, subject to the limitations of the code, allocations of volume cap to issuing
authorities;
(2)
determine the amount of volume cap to be allocated with respect to approved
applications;
(3)
maintain a record of all applications filed by issuing authorities under Section
35A-8-2105
63N-22-404
and all certificates of allocation issued under Section
35A-8-2107
63N-22-406
;
(4)
maintain a record of all bonds issued by issuing authorities during each year;
(5)
determine the amount of volume cap to be treated as a carryforward under Section
146(f) of the code and allocate this carryforward to one or more qualified carryforward
purposes;
(6)
make available upon reasonable request a certified copy of all or any part of the records
maintained by the board of review under this part or a summary of them, including
information relating to the volume cap for each year and any amounts available for
allocation under this part;
(7)
make rules for the allocation of volume cap under this part; and
(8)
charge reasonable fees for the performance of duties prescribed by this part, including
application, filing, and processing fees.
Section 64. Section
63N-22-404
, which is renumbered from Section 35A-8-2105 is renumbered
and amended to read:
35A-8-2105
63N-22-404
Effective
07/01/26
. 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
63N-22-405
.
(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
63N-22-405
.
(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; and
(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.
(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
63N-22-406
.
(5)
(a)
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)
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)
65N-22-45(2)(c)
to satisfy the requirements of
Subsection
(5)(a)
or
(b)
.
Section 65. Section
63N-22-405
, which is renumbered from Section 35A-8-2106 is renumbered
and amended to read:
35A-8-2106
63N-22-405
Effective
07/01/26
. 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 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 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 66. Section
63N-22-406
, which is renumbered from Section 35A-8-2107 is renumbered
and amended to read:
35A-8-2107
63N-22-406
Effective
07/01/26
. Certificates of allocation.
(1)
(a)
After an allocation of volume cap for a project or program is approved by the
board of review, the board of review shall issue a numbered certificate of allocation
stating the amount of the allocation, the allotment account for which the allocation is
being made, and the expiration date of the allocation.
(b)
The certificates of allocation shall be mailed to the issuing authority within 10
working days of the date of approval.
(c)
Bonds are not entitled to any allocation of the volume cap unless the issuing
authority received a certificate of allocation with respect to the bonds.
(d)
(i)
Certificates of allocation shall remain in effect for a period of 90 days from the
date of approval.
(ii)
If bonds for which a certificate has been approved are not issued within the
90-day period, the certificate of allocation is void and volume cap shall be
returned to the applicable allotment account for reallocation by the board of
review.
(2)
(a)
An issuing authority receiving an allocation of volume cap from the Carryforward
Account shall receive a certificate of allocation similar to the certificates of allocation
described in Subsection
(1)
from the board of review stating the amount of allocation
from the Carryforward Account that has been allocated to the issuing authority and
the expiration of the allocation.
(b)
(i)
If in the judgment of the board of review an issuing authority or a person or
entity responsible for a project or program receiving an allocation from the
Carryforward Account does not proceed with diligence in providing for the
issuance of the bonds with respect to the project or program, and because of the
lack of diligence the volume cap cannot be used, the board of review may exclude
from the board of review's consideration for a given period of time, determined by
the board of review, an application of the issuing authority, person, or entity.
(ii)
The board of review may, at any time, review and modify the board of review's
decisions relating to the exclusion described in this Subsection
(2)(b)
.
Section 67. Section
63N-22-407
, which is renumbered from Section 35A-8-2108 is renumbered
and amended to read:
35A-8-2108
63N-22-407
Effective
07/01/26
. Issuing authorities -- Limitations
-- Duties.
(1)
(a)
Notwithstanding any law to the contrary, an issuing authority issuing bonds
without a certificate of allocation issued under Section
35A-8-2107
63N-22-406
, or
an issuing authority issuing bonds after the expiration of a certificate of allocation, is
not entitled to an allocation of the volume cap for those bonds.
(b)
An issuing authority issuing bonds in excess of the amount set forth in the related
certificate of allocation is not entitled to an allocation of the volume cap for the
excess.
(2)
Each issuing authority shall:
(a)
advise the board of review, within 15 days after the issuance of bonds, of the
principal amount of bonds issued under each certificate of allocation by delivering to
the board of review a copy of the Form 8038 that was delivered or shall be delivered
to the Internal Revenue Service in connection with the bonds, or, if no Form 8038 is
required to be delivered to the Internal Revenue Service, a completed copy of a Form
8038 prepared for the board of review with respect to the bonds; and
(b)
if all or a stated portion of the bonds for which a certificate of allocation was
received will not be issued, advise the board of review in writing, within 15 days of
the earlier of:
(i)
the final decision not to issue all or a stated portion of the bonds; or
(ii)
the expiration of the certificate of allocation.
(3)
Failure by an issuing authority to notify the board of review under Subsection
(2)
,
including failure to timely deliver a Form 8038, may, in the sole discretion of the board
of review, result in the board of review denying further consideration of applications
from the issuing authority.
Section 68. Section
63N-22-408
, which is renumbered from Section 35A-8-2109 is renumbered
and amended to read:
35A-8-2109
63N-22-408
Effective
07/01/26
. Procedures -- Adjudicative
proceedings.
The board of review shall comply with the procedures and requirements of
Title 63G,
Chapter 4, Administrative Procedures Act
, in the board of review's adjudicative proceedings.
Section 69. Section
63N-22-409
, which is renumbered from Section 35A-8-2110 is renumbered
and amended to read:
35A-8-2110
63N-22-409
Effective
07/01/26
. Duties of the division.
(1)
The
department
division
is recognized as an issuing authority
,
as defined in Section
35A-8-2102
63N-22-401
, entitled to issue bonds from the Small Issue Bond Account
created in Subsection
35A-8-2106(1)(c)
63N-22-405(1)(c)
as a part of the state's private
activity bond volume cap authorized by the Internal Revenue Code and computed under
Section 146, Internal Revenue Code.
(2)
To promote and encourage the issuance of bonds from the Small Issue Bond Account
for manufacturing projects, the
department
division
may:
(a)
develop campaigns and materials that inform qualified small manufacturing
businesses about the existence of the program and the application process;
(b)
assist small businesses in applying for and qualifying for these bonds; and
(c)
develop strategies to lower the cost to small businesses of applying for and
qualifying for these bonds, including making arrangements with financial advisors,
underwriters, bond counsel, and other professionals involved in the issuance process
to provide services at a reduced rate when the
department
division
can provide such
service providers with a high volume of applicants or issues.
Section 70. Section
63N-22-501
, which is renumbered from Section 35A-8-301 is renumbered
and amended to read:
5. Community Impact Fund
35A-8-301
63N-22-501
Effective
07/01/26
. Legislative policy.
(1)
Funds received by the state from federal mineral lease revenues under Section
59-21-2
,
bonus payments on federal oil shale lease tracts U-A and U-B, and all other bonus
payments on federal mineral leases are to be used for planning, construction and
maintenance of public facilities, and provision of public service, subject to the
limitations provided for in Section 35 of the Mineral Leasing Act of 1920 (41 Stat. 450,
30 U.S.C. Sec. 191).
(2)
To the extent allowed under the Mineral Leasing Act, any ambiguity as to whether a
particular use of the lease revenue and bonus payments described in Subsection
(1)
is a
permissible use under this part shall be resolved in favor of upholding the use.
(3)
Priority for the use of the funds described in Subsection
(1)
shall be given to those
communities designated as impacted by the development of natural resources covered
by the Mineral Leasing Act.
(4)
The policy of this state is to promote cooperation and coordination between the state
and the state's agencies and political subdivisions with individuals, firms, and business
organizations engaged in the development of the natural resources of this state.
Section 71. Section
63N-22-502
, which is renumbered from Section 35A-8-302 is renumbered
and amended to read:
35A-8-302
63N-22-502
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Bonus payments" means that portion of the bonus payments received by the United
States government under the Leasing Act paid to the state under Section 35 of the
Leasing Act, 30 U.S.C. Sec. 191, together with any interest that had accrued on those
payments.
(2)
"Impact board" means the Permanent Community Impact Fund Board created under
Section
35A-8-304
63N-22-504
.
(3)
"Impact fund" means the Permanent Community Impact Fund established by this
chapter.
(4)
"Interlocal agency" means a legal or administrative entity created by a subdivision or
combination of subdivisions under the authority of
Title 11, Chapter 13, Interlocal
Cooperation Act
.
(5)
"Leasing Act" means the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 181 et seq.
(6)
"Qualifying sales and use tax distribution reduction" means that, for the calendar year
beginning on January 1, 2008, the total sales and use tax distributions a city received
under Section
59-12-205
were reduced by at least 15% from the total sales and use tax
distributions the city received under Section
59-12-205
for the calendar year beginning
on January 1, 2007.
(7)
(a)
"Planning" means any of the following performed by or on behalf of the state, a
subdivision, or an interlocal agency:
(i)
a study, analysis, plan, or survey; or
(ii)
activities necessary to obtain a permit or land use approval, including review to
determine the need, cost, or feasibility of obtaining a permit or land use approval.
(b)
"Planning" includes:
(i)
the preparation of maps and guidelines;
(ii)
land use planning;
(iii)
a study or analysis of:
(A)
the social or economic impacts associated with natural resource development;
(B)
the demand for the transportation of individuals or goods;
(C)
state, regional, and local development and growth;
(D)
population and employment;
(E)
development related to natural resources; and
(F)
as related to any other activity described in this Subsection
(7)
, engineering,
financial analysis, legal analysis, or any other analysis helpful to the state,
subdivision, or interlocal agency; and
(iv)
any activity described in this Subsection
(7)
regardless of whether the activity is
for a public facility or a public service.
(8)
"Public facility" means a facility:
(a)
in whole or in part, owned, controlled, or operated by the state, a subdivision, or an
interlocal agency; and
(b)
that serves a public purpose.
(9)
(a)
"Public service" means a service that:
(i)
is provided, in whole or in part, by or on behalf of the state, a subdivision, or an
interlocal agency; and
(ii)
serves a public purpose.
(b)
"Public service" includes:
(i)
a service described in Subsection
(9)(a)
regardless of whether the service is
provided in connection with a public facility;
(ii)
the cost of providing a service described in Subsection
(9)(a)
, including
administrative costs, wages, and legal fees; and
(iii)
a contract with a public postsecondary institution to fund research, education, or
a public service program.
(10)
"Subdivision" means a county, city, town, county service area, special service district,
special improvement district, water conservancy district, water improvement district,
sewer improvement district, housing authority, building authority, school district, or
public postsecondary institution organized under the laws of this state.
(11)
(a)
"Throughput infrastructure project" means the following facilities, whether
located within, partially within, or outside of the state:
(i)
a bulk commodities ocean terminal;
(ii)
a pipeline for the transportation of liquid or gaseous hydrocarbons;
(iii)
electric transmission lines and ancillary facilities;
(iv)
a shortline freight railroad and ancillary facilities;
(v)
a plant or facility for storing, distributing, or producing hydrogen, including the
liquification of hydrogen, for use as a fuel in zero emission motor vehicles, for
electricity generation, or for industrial use;
(vi)
a plant for the production of zero emission hydrogen fueled trucks; or
(vii)
a mining facility described in Subsection
35A-8-309(9)
63N-22-508(9)
.
(b)
"Throughput infrastructure project" includes:
(i)
an ownership interest or a joint or undivided ownership interest in a facility;
(ii)
a membership interest in the owner of a facility; or
(iii)
a contractual right, whether secured or unsecured, to use all or a portion of the
throughput, transportation, or transmission capacity of a facility.
Section 72. Section
63N-22-503
, which is renumbered from Section 35A-8-303 is renumbered
and amended to read:
35A-8-303
63N-22-503
Effective
07/01/26
. Permanent Community Impact
Fund -- Deposits and contents -- Use of fund money.
(1)
There is created an enterprise fund entitled the "Permanent Community Impact Fund."
(2)
The fund consists of:
(a)
all amounts appropriated to the impact fund under Section
59-21-2
;
(b)
bonus payments deposited to the impact fund under Subsection
59-21-1(2)
;
(c)
all amounts appropriated to the impact fund under Section
53C-3-203
;
(d)
all amounts received for the repayment of loans made by the impact board under this
chapter; and
(e)
all other money appropriated or otherwise made available to the impact fund by the
Legislature.
(3)
The state treasurer shall:
(a)
invest the money in the impact fund by following the procedures and requirements of
Title 51, Chapter 7, State Money Management Act
; and
(b)
deposit all interest or other earnings derived from those investments into the impact
fund.
(4)
The amounts in the impact fund available for loans, grants, administrative costs, or other
purposes of this part shall be limited to that which the Legislature appropriates for these
purposes.
(5)
Federal mineral lease revenue received by the state under the Leasing Act that is
deposited into the impact fund shall be used:
(a)
in a manner consistent with the provisions of:
(i)
the Leasing Act; and
(ii)
this part; and
(b)
for loans, grants, or both to state agencies or subdivisions that are socially or
economically impacted by the leasing of minerals under the Leasing Act.
(6)
The money described in Subsection
(2)(c)
shall be used for grants to political
subdivisions of the state to mitigate the impacts resulting from the development or use of
school and institutional trust lands.
Section 73. Section
63N-22-504
, which is renumbered from Section 35A-8-304 is renumbered
and amended to read:
35A-8-304
63N-22-504
Effective
07/01/26
. Permanent Community Impact
Fund Board.
(1)
There is created within the
department
division
the Permanent Community Impact
Fund Board composed of 11 members as follows:
(a)
the state treasurer or the state treasurer's designee;
(b)
the chair of the Transportation Commission or the chair's designee;
(c)
the executive director of the Governor's Office of Planning and Budget or the
executive director's designee;
(d)
a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
(e)
a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
Wayne County;
(f)
a locally elected official who resides in Duchesne, Daggett, or Uintah County;
(g)
a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
County;
(h)
a locally elected official from the county that:
(i)
produced the most mineral lease money related to oil extraction during the
four-year period immediately preceding the term of appointment, as determined
by the
department
division
at the end of each term; and
(ii)
does not already have a representative on the impact board;
(i)
a locally elected official from the county that:
(i)
produced the most mineral lease money related to natural gas extraction during the
four-year period immediately preceding the term of appointment, as determined
by the
department
division
at the end of each term; and
(ii)
does not already have a representative on the impact board;
(j)
a locally elected official from the county that:
(i)
produced the most mineral lease money related to coal extraction during the
four-year period immediately preceding the term of appointment, as determined
by the
department
division
at the end of each term; and
(ii)
does not already have a representative on the impact board; and
(k)
an individual who resides in a county of the third, fourth, fifth, or sixth class,
appointed by the governor with the advice and consent of the Senate in accordance
with Title 63G, Chapter 24, Part 2, Vacancies.
(2)
(a)
The members specified under Subsections
(1)(d)
through
(j)
may not reside in the
same county and shall be:
(i)
nominated by the Board of Directors of the Southeastern Association of Local
Governments, the Six County Association of Governments, the Uintah Basin
Association of Governments, and the Five County Association of Governments,
respectively, except that the members specified under Subsections
(1)(h)
through
(j)
shall be nominated by the Board of Directors of the Association of
Governments from the region of the state in which the county is located; and
(ii)
appointed by the governor with the advice and consent of the Senate in
accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(b)
Except as required by Subsection
(2)(c)
, as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a four-year
term.
(c)
Notwithstanding the requirements of Subsection
(2)(b)
, 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.
(d)
When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3)
When the governor makes a new appointment or reappointment under Subsection
(2)(b)
,
or a vacancy appointment under Subsection
(2)(d)
, the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(4)
The terms of office for the members specified under Subsections
(1)(a)
through
(c)
shall
run concurrently with the term of office for the commission, department, or office from
which each member comes.
(5)
(a)
The member specified under Subsection
(1)(k)
is the chair of the impact board.
(b)
The chair of the impact board is responsible for the call and conduct of meetings.
(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
.
(7)
A member described in Subsections
(1)(d)
through
(k)
shall comply with the conflict of
interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(8)
(a)
A majority of the members of the impact board constitutes a quorum.
(b)
Action by a majority vote of a quorum of the impact board constitutes action by the
impact board.
(9)
The
department
division
shall provide staff support to the impact board.
Section 74. Section
63N-22-505
, which is renumbered from Section 35A-8-305 is renumbered
and amended to read:
35A-8-305
63N-22-505
Effective
07/01/26
. Powers, functions, and duties of the
impact board.
(1)
The impact board shall:
(a)
make
award
grants and loans from the amounts appropriated by the Legislature out
of the impact fund to state agencies, subdivisions, and interlocal agencies that are or
may be socially or economically impacted, directly or indirectly, by mineral resource
development for:
(i)
planning;
(ii)
construction and maintenance of public facilities; and
(iii)
provision of public services;
(b)
establish the criteria by which the loans and grants will be
made
awarded
;
(c)
determine the order in which projects will be funded;
(d)
in
conjunction
cooperation
with other agencies of the state, subdivisions, or
interlocal agencies, conduct studies, investigations, and research into the effects of
proposed mineral resource development projects upon local communities;
(e)
sue and be sued in accordance with applicable law;
(f)
qualify for, accept, and administer grants, gifts, loans, or other funds from:
(i)
the federal government; and
(ii)
other sources, public or private; and
(g)
perform other duties
assigned to it
required
under Sections
11-13-306
and
11-13-307
.
(2)
(a)
Money,
Subject to Subsection
(2)(b)
, money,
including all loan repayments
and interest, in the impact fund
derived
received
from bonus payments may be used
for any
of the purposes set forth
purpose described
in Subsection
(1)(a)
.

(b)
but
Money received under Subsection
(2)(a)
may only be given in the form of
interest bearing loans to be paid back into the impact fund by the agency,
subdivision, or interlocal agency.
(3)
The impact board may
make
award
a grant or loan under Subsection
(1)

regardless of
whether the activity results in more than one impact or outcome, including an increase in
natural resource development or an increase in economic development.
(4)
If the public service described in Subsection
(1)(a)
is a contract with a public
postsecondary institution described in Subsection
35A-8-302(9)(b)(iii)
63N-22-502(9)(b)(iii)
, the contract shall be:
(a)
based on an application to the impact board from the impacted county; and
(b)
approved by the county legislative body.
(5)
The impact board may:
(a)
appoint, when appropriate, a hearing examiner or administrative law judge with
authority to conduct hearings, make determinations, and enter appropriate findings of
facts, conclusions of law, and orders under authority of the impact board in
accordance with Sections
11-13-306
and
11-13-307
;
(b)
appoint additional professional and administrative staff necessary to perform the
impact board's duties under Sections
11-13-306
and
11-13-307
;
(c)
make independent studies regarding matters submitted to the impact board under
Sections
11-13-306
and
11-13-307
that the impact board, in the impact board's
discretion, considers necessary, which studies shall be made a part of the record and
may be considered in the impact board's determination; and
(d)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement this part.
Section 75. Section
63N-22-506
, which is renumbered from Section 35A-8-307 is renumbered
and amended to read:
35A-8-307
63N-22-506
Effective
07/01/26
. Impact fund administered by
impact board -- Eligibility for assistance -- Review by board -- Administration costs --
Annual report.
(1)
(a)
The impact board shall:
(i)
administer the impact fund in a manner that will keep a portion of the impact fund
revolving;
(ii)
determine provisions for repayment of loans;
(iii)
establish criteria for determining eligibility for assistance under this part; and
(iv)
consider recommendations from the School and Institutional Trust Lands
Administration when awarding a grant described in Subsection
35A-8-303(6)
63N-22-503(6)
.
(b)
(i)
The criteria for awarding loans or grants made from funds described in
Subsection
35A-8-303(5)

63N-22-503(5)

shall be consistent with the
requirements of Subsection
35A-8-303(5)
63N-22-503(5)
.
(ii)
The criteria for awarding grants made from funds described in Subsection
35A-8-303(2)(c)
63N-22-503(2)(c)
shall be consistent with the requirements of
Subsection
35A-8-303(6)
63N-22-503(6)
.
(c)
In order to receive assistance under this part, subdivisions and interlocal agencies
shall submit formal applications containing the information
that the impact board
requires
required by the impact board
.
(2)
In determining eligibility for loans and grants under this part, the impact board shall
consider the following:
(a)
the subdivision's or interlocal agency's current mineral lease production;
(b)
the feasibility of the actual development or the increased development of a resource
that may impact the subdivision or interlocal agency directly or indirectly;
(c)
current taxes being paid by the subdivision's or interlocal agency's residents;
(d)
the borrowing capacity of the subdivision or interlocal agency, including:
(i)
the subdivision's or interlocal agency's ability and willingness to sell bonds or
other securities in the open market; and
(ii)
the subdivision's or interlocal agency's current and authorized indebtedness;
(e)
all possible additional sources of state and local revenue, including utility user
charges;
(f)
the availability of federal assistance funds;
(g)
probable growth of population due to actual or prospective natural resource
development in an area;
(h)
existing public facilities and services;
(i)
the extent of the expected direct or indirect impact upon public facilities and public
services of the actual or prospective natural resource development in an area; and
(j)
the extent of industry participation in an impact alleviation plan, either as
specified
described
in
Title 63M, Chapter 5, Resource Development Act
, or otherwise.
(3)
The impact board may not fund an education project that
could otherwise
may
have
reasonably been funded by a school district through a program of annual budgeting,
capital budgeting, bonded indebtedness, or special assessments.
(4)
The impact board may restructure all or part of the agency's or subdivision's liability to
repay loans for extenuating circumstances.
(5)
The impact board shall:
(a)
review the proposed uses of the impact fund for loans or grants before approving
them
the loan or grant
and may condition
its
approval on whatever assurances the
impact board considers necessary to ensure that proceeds of the loan or grant will be
used in accordance with the Leasing Act and this part; and
(b)
ensure that each loan specifies the terms for repayment and is evidenced by general
obligation, special assessment, or revenue bonds, notes, or other obligations of the
appropriate subdivision or interlocal agency issued to the impact board
under
whatever authority for the issuance of those bonds, notes, or obligations exists at the
time of the loan
by the appropriate authorizing authority that existed at the time of
the loan
.
(6)
The impact board shall allocate from the impact fund to the
department
division
those
funds that are appropriated by the Legislature for the administration of the impact fund,
but this amount may not
not to
exceed 2% of the annual receipts to the impact fund.
(7)
The department shall include in the annual written report described in Section
35A-1-109
, the number and type of loans and grants made as well as a list of
subdivisions and interlocal agencies that received this assistance.
The division shall
submit a report to the office for inclusion in the annual written report described in
Section
63N-1a-306
, the number and type of loan or grant awarded and the subdivision
or interlocal agency that received a loan or grant award under this section.
Section 76. Section
63N-22-507
, which is renumbered from Section 35A-8-308 is renumbered
and amended to read:
35A-8-308
63N-22-507
Effective
07/01/26
. Throughput Infrastructure Fund.
(1)
There is created an enterprise fund known as the "Throughput Infrastructure Fund."
(2)
The fund consists of money generated from the following revenue sources:
(a)
amounts transferred to the fund by statute;
(b)
any
voluntary contributions received;
(c)
appropriations made to the fund by the Legislature;
(d)
the amounts received from the repayment of loans made by the impact board under
Section
35A-8-309
63N-22-508
; and
(e)
interest or other earnings deposited under Subsection
(3)
.
(3)
The state treasurer shall:
(a)
invest the money in the fund
by following the procedures and requirements of
in
accordance with

Title 51, Chapter 7, State Money Management Act
; and
(b)
deposit the interest or other earnings
derived from those investments into the fund
into the fund that are received from the investments described in Subsection
(3)(a)
.
Section 77. Section
63N-22-508
, which is renumbered from Section 35A-8-309 is renumbered
and amended to read:
35A-8-309
63N-22-508
Effective
07/01/26
. Throughput Infrastructure Fund
administered by impact board -- Uses -- Review by board -- Annual report -- First
project.
(1)
The impact board shall:
(a)
make grants and loans from the Throughput Infrastructure Fund created in Section
35A-8-308

63N-22-507

for a throughput infrastructure project;
(b)
use money transferred to the Throughput Infrastructure Fund in accordance with
statute to provide a loan or grant to finance the cost of acquisition or construction of a
throughput infrastructure project to one or more local political subdivisions,
including a Utah interlocal agency created under
Title 11, Chapter 13, Interlocal
Cooperation Act
;
(c)
administer the Throughput Infrastructure Fund in a manner that will keep a portion of
the fund revolving;
(d)
determine provisions for repayment of loans;
(e)
establish criteria for awarding loans and grants; and
(f)
establish criteria for determining eligibility for assistance under this section.
(2)
The cost of acquisition or construction of a throughput infrastructure project includes
amounts for working capital, reserves, transaction costs, and other amounts determined
by the impact board to be allocable to a throughput infrastructure project.
(3)
The impact board may restructure or forgive all or part of a local political subdivision's
or interlocal agency's obligation to repay loans for extenuating circumstances.
(4)
To receive assistance under this section, a local political subdivision or an interlocal
agency shall submit a formal application containing the information
that the impact
board requires
required by the impact board
.
(5)
(a)
The impact board shall:
(i)
review the proposed uses of the Throughput Infrastructure Fund for a loan or grant
before approving the loan or grant and may condition
its
approval on whatever
assurances the impact board considers necessary to ensure that proceeds of the
loan or grant will be used in accordance with this section;
(ii)
ensure that each loan specifies terms for interest deferments, accruals, and
scheduled principal repayment; and
(iii)
ensure that repayment terms are evidenced by bonds, notes, or other obligations
of the appropriate local political subdivision or interlocal agency issued to the
impact board and payable from the net revenues of a throughput infrastructure
project.
(b)
An instrument described in Subsection
(5)(a)(iii)
may be:
(i)
non-recourse to the local political subdivision or interlocal agency; and
(ii)
limited to a pledge of the net revenues from a throughput infrastructure project.
(6)
(a)
Subject to the restriction in Subsection
(6)(b)
, the impact board shall allocate from
the Throughput Infrastructure Fund to the board those amounts that are appropriated
by the Legislature for the administration of the Throughput Infrastructure Fund.
(b)
The amount described in Subsection
(6)(a)
may not exceed 2% of the annual receipts
to the Throughput Infrastructure Fund.
(7)
The board shall include in the annual written report described in Section
35A-1-109
:
(a)
the number and type of loans and grants made under this section; and
(b)
a list of local political subdivisions or interlocal agencies that received assistance
under this section.
The impact board
shall submit a
report to the office for inclusion in the annual written report described in Section
63N-1a-306
, the number and type of loan or grant awarded and the subdivision or
interlocal agency that received a loan or grant award under this section.
(8)
(a)
The first throughput infrastructure project funded by the impact board shall be a
bulk commodities ocean terminal project financed through a mixture of grant and
loans, of which no less than 20% of the project costs funded by the impact board is
grants.
(b)
Upon receipt of an application from an interlocal agency for a bulk commodities
ocean terminal project, the impact board shall:
(i)
grant up to 2% of the money in the Throughput Infrastructure Fund to the
interlocal agency to pay or reimburse costs incurred by the interlocal agency
preliminary to
its
the interlocal agency's
acquisition of the throughput
infrastructure project; and
(ii)
fund the interlocal agency's application if the application meets all criteria
established by the impact board.
(9)
Notwithstanding Subsection
(8)
and following the procedures of this section, the impact
board may issue a grant or loan for a throughput infrastructure project other than a bulk
commodities ocean terminal project if the throughput infrastructure project:
(a)
is funded from the interest or other earnings deposited into the Throughput
Infrastructure Fund;
(b)
is applied for by a political subdivision or interlocal agency to be distributed to a
private entity described in Subsection
(9)(c)
; and
(c)
is engaged in by a private entity if the private entity:
(i)
has the required permits to engage in mining fluorspar or gallium;
(ii)
will engage in the mining activity in a community within the state that is
economically impacted by the Leasing Act;
(iii)
will draw money from the loan or grant by no later than two years from the day
on which the impact board awards the loan or grant; and
(iv)
agrees to reimburse the Throughput Infrastructure Fund in staggered payments
during a period beginning three years from the day on which the impact board
approves the loan or grant and ending seven years from the day on which the
impact board approves the loan or grant.
Section 78. Section
63N-22-509
, which is renumbered from Section 35A-8-310 is renumbered
and amended to read:
35A-8-310
63N-22-509
Effective
07/01/26
. Application -- Retroactivity.
(1)
The provisions of
Laws of Utah 2021, Chapter 339
, apply to any claim for which a court
of competent jurisdiction has not issued a final unappealable judgment or order.
(2)
The Legislature finds that the provisions of
Laws of Utah 2021, Chapter 339
:
(a)
do not enlarge, eliminate, or destroy vested rights; and
(b)
clarify application of the law.
Section 79. Section
63N-22-601
, which is renumbered from Section 35A-8-1601 is renumbered
and amended to read:
6. Uintah Basin Revitalization Fund
35A-8-1601
63N-22-601
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Board" means the Uintah Basin Revitalization Fund Board.
(2)
"Capital projects" means expenditures for land, improvements on the land, and
equipment intended to have long-term beneficial use.
(3)
"County" means:
(a)
Duchesne County; or
(b)
Uintah County.
(4)
"Division" means the
Housing and Community Development Division
Division of
Housing and Community Development within the Governor's Office of Economic
Opportunity
.
(5)
"Revitalization Fund" means the Uintah Basin Revitalization Fund.
(6)
"Tribe" means the Ute Indian Tribe of the Uintah and Ouray Reservation.
Section 80. Section
63N-22-602
, which is renumbered from Section 35A-8-1602 is renumbered
and amended to read:
35A-8-1602
63N-22-602
Effective
07/01/26
. Uintah Basin Revitalization Fund.
(1)
In order to maximize the long-term benefit of severance taxes derived from lands held
in trust by the United States for the Tribe and the Tribe's members by fostering funding
mechanisms that will, consistent with sound financial practices, result in the greatest use
of financial resources for the greatest number of citizens of the Uintah Basin, and in
order to promote cooperation and coordination between the state,
its
the state's
political
subdivisions, Indian tribes, and individuals, firms, and business organizations engaged in
the development of oil and gas interests held in trust for the Tribe and the Tribe's
members, there is created an expendable special revenue fund entitled the "Uintah Basin
Revitalization Fund."
(2)
The fund consists of all money deposited
to
into
the Revitalization Fund under this part
and Section
59-5-116
.
(3)
(a)
The Revitalization Fund shall earn interest.
(b)
All interest earned on fund money shall be deposited into the fund.
(4)
(a)
Money required to be deposited into the Uintah Basin Revitalization Fund under
Section
59-5-116
shall be deposited into the Uintah Basin Revitalization Fund if a
business or activity fee or tax based on gross receipts has not been imposed by a
county or the Tribe on oil and gas activities.
(b)
Nothing in this section prohibits a county from imposing a charge described in this
Subsection
(4)
with respect to any gathering, transmission, or local distribution
pipeline in which the county owns an interest.
(c)
Nothing in this section prohibits the Tribe from imposing a charge described in this
Subsection
(4)
with respect to any gathering, transmission, or local distribution
pipeline in which the Tribe owns an interest.
Section 81. Section
63N-22-603
, which is renumbered from Section 35A-8-1603 is renumbered
and amended to read:
35A-8-1603
63N-22-603
Effective
07/01/26
. Uintah Basin Revitalization Fund
Board.
(1)
There is created within the division the Revitalization Board composed of five members
as follows:
(a)
the governor or his designee;
(b)
a Uintah County commissioner;
(c)
a Duchesne County commissioner; and
(d)
two representatives of the Business Committee of the Tribe.
(2)
The terms of office for the members of the board shall run concurrently with the terms
of office for the governor, commissioners, and Business Committee of the Tribe.
(3)
The governor, or
his
the governor's
designee, shall be the chair of the board.
(4)
Four board members are a quorum.
(5)
All decisions of the board require four affirmative votes.
(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 82. Section
63N-22-604
, which is renumbered from Section 35A-8-1604 is renumbered
and amended to read:
35A-8-1604
63N-22-604
Effective
07/01/26
. Powers, functions, and duties of
the revitalization fund board.
(1)
The board shall:
(a)
subject to the other provisions of this part and an agreement entered into under
Title
11, Chapter 13, Interlocal Cooperation Act
, among the state, the counties, and the
Tribe, make recommendations to the division for grants and loans from the
revitalization fund to county agencies and the Tribe that are or may be socially or
economically impacted, directly or indirectly, by mineral resource development;
(b)
establish procedures for application for and award of grants and loans including:
(i)
eligibility criteria;
(ii)
subject to Subsection
35A-8-1606(2)(b)
63N-22-605(2)(b)
, a preference that
capital projects, including subsidized and low-income housing, and other one-time
need projects and programs have priority over other projects;
(iii)
a preference for projects and programs that are associated with the geographic
area where the oil and gas were produced; and
(iv)
coordination of projects and programs with other projects and programs funded
by federal, state, and local governmental entities;
(c)
determine the order in which projects will be funded;
(d)
allocate the amount to be distributed from the revitalization fund for grants or loans
to each county and the Tribe during a fiscal year as follows:
(i)
up to and including the first $3,000,000 that is approved for distribution by the
board during a fiscal year, the board may allocate the amount in accordance with
the interlocal agreement described by Subsection
(1)(a)
, except that the board may
not allocate less than 75% of the amount under the interlocal agreement to the
Tribe unless the interlocal agreement is further modified by statute; and
(ii)
beginning with fiscal year 2007-08, any amount approved for distribution by the
board during that fiscal year in excess of $3,000,000 shall be allocated equally
amongst each county and the Tribe so that each receives
1/3
one-third
of the
amount approved for distribution by the board in excess of $3,000,000;
(e)
qualify for, accept, and administer grants, gifts, loans, or other funds from the federal
government and from other sources, public or private;
and
(f)
perform other duties assigned to
it
the board
under the interlocal agreement
described in Subsection
(1)(a)
that are not prohibited by law or otherwise modified
by this part
.
; and
(g)
comply with the procedures and requirements of Title 51, Chapter 7, State Money
Management Act, and Title 52, Chapter 4, Open and Public Meetings Act.
(2)
The board shall ensure that loan repayments and interest are deposited into the
revitalization fund.
(3)
The interlocal agreement described in Subsection
(1)(a)
shall be consistent with
the
following statutes, including any subsequent amendments to those statutes
:
(a)
this part;
(b)
Title 11, Chapter 13, Interlocal Cooperation Act
;
(c)
Section
59-5-116
; and
(d)
any other applicable provision of
this Utah Code
state law
.
(4)
The board may:
(a)
appoint a hearing examiner or administrative law judge with authority to conduct any
hearings, make determinations, and enter appropriate findings of facts, conclusions of
law, and orders in accordance with Title 11, Chapter 13, Interlocal Cooperation Act;
and
(b)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement this part.
Section 83. Section
63N-22-605
, which is renumbered from Section 35A-8-1606 is renumbered
and amended to read:
35A-8-1606
63N-22-605
Effective
07/01/26
. Eligibility for assistance --
Applications -- Review by board -- Terms -- Security.
(1)
Counties or the Tribe that wish to receive loans or grants from the board shall submit
formal applications to the board containing the information required by the board.
To
receive a loan or grant under this part, a county or the Tribe shall submit an application
to the board that contains the information required by the board.
(2)
The board may not fund:
(a)
start-up or operational costs of private business ventures; and
(b)
general operating budgets of the counties or the Tribe, except that the Tribe may use
a grant or loan to fund costs associated with the management and administration of
energy or mineral development on:
(i)
lands held in trust by the United States for the Tribe and
its
the Tribe's
members;
or
(ii)
lands owned by the Tribe.
(3)
(a)
The board shall review each application for a loan or grant before approving
it
a
loan or grant application
.
(b)
The board may approve
a
loan or grant
applications
application
subject to the
applicant's compliance with
certain
the
conditions established by the board.
(c)
The board shall:
(i)
ensure that each loan specifies the terms for repayment; and
(ii)
secure the loans by proceeds from any general obligation, special assessment, or
revenue bonds, notes, or other obligations of the appropriate subdivision.
Section 84. Section
63N-22-606
, which is renumbered from Section 35A-8-1607 is renumbered
and amended to read:
35A-8-1607
63N-22-606
Effective
07/01/26
. Division to distribute money --
Annual report -- Administration costs.
(1)
The division shall distribute loan and grant money if the loan or grant is approved by the
board.
(2)
The division shall provide an annual report to the department concerning the number
and type of loans and grants made as well as a list of recipients of this assistance for
inclusion in the department's annual written report described in Section
35A-1-109
The
division shall submit a report to the office for inclusion in the annual written report
described in Section
63N-1a-306
, the number and type of loan or grant awarded and a
list of recipients that received a loan or grant award under this part
.
(3)
The division, with board approval, may use fund money for the administration of the
fund,
but this amount may
not
to
exceed 2% of the annual receipts to the fund.
Section 85. Section
63N-22-701
, which is renumbered from Section 35A-8-1702 is renumbered
and amended to read:
7.
Navaho
Navajo
Revitalization Fund
35A-8-1702
63N-22-701
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Board" means the Navajo Revitalization Fund Board.
(2)
"Capital project" means an expenditure for land, improvements on the land, or
equipment intended to have long-term beneficial use.
(3)
"Division" means the
Housing and Community Development Division
Division of
Housing and Community Development within the Governor's Office of Economic
Opportunity
.
(4)
"Eligible entity" means:
(a)
the Navajo Nation;
(b)
a department or division of the Navajo Nation;
(c)
a Utah Navajo Chapter;
(d)
the Navajo Utah Commission;
(e)
an agency of the state or a political subdivision of the state; or
(f)
a nonprofit corporation.
(5)
"Navajo Utah Commission" means the commission created by Resolution
IGRJN-134-92 of the Intergovernmental Relations Committee of the Navajo Nation
Council.
(6)
"Revitalization fund" means the Navajo Revitalization Fund.
(7)
"Utah Navajo Chapter" means any of the following chapters of the Navajo Nation:
(a)
Aneth Chapter;
(b)
Dennehotso Chapter;
(c)
Mexican Water Chapter;
(d)
Navajo Mountain Chapter;
(e)
Oljato Chapter;
(f)
Red Mesa Chapter; and
(g)
Teec Nos Pos Chapter.
Section 86. Section
63N-22-702
, which is renumbered from Section 35A-8-1703 is renumbered
and amended to read:
35A-8-1703
63N-22-702
Effective
07/01/26
. Purpose.
The purpose of this part is to:
(1)
maximize the long-term benefit of state severance taxes derived from lands in Utah held
in trust by the United States for the Navajo Nation and
its
the Navajo Nation
members
by fostering funding mechanisms that will, consistent with sound financial practices,
result in the greatest use of financial resources for the greatest number of citizens of San
Juan County; and
(2)
promote cooperation and coordination between the state,
its
the state's
political
subdivisions, Indian tribes, and individuals, firms, and business organizations engaged in
the development of oil and gas interests in Utah held in trust by the United States for the
Navajo Nation and
its
the Navajo Nation
members.
Section 87. Section
63N-22-703
, which is renumbered from Section 35A-8-1704 is renumbered
and amended to read:
35A-8-1704
63N-22-703
Effective
07/01/26
. Navajo Revitalization Fund.
(1)
(a)
There is created an expendable special revenue fund called the "Navajo
Revitalization Fund."
(b)
The revitalization fund shall consist of:
(i)
money deposited to the revitalization fund under this part;
(ii)
money deposited to the revitalization fund under Section
59-5-119
; and
(iii)
any loan repayment or interest on a loan issued under this part.
(2)
(a)
The revitalization fund shall earn interest.
(b)
The interest earned on revitalization fund money shall be deposited into the fund.
(3)
Beginning for fiscal year 2010-11, the division may use revitalization fund money for
the administration of the revitalization fund,
but this amount may not
not to
exceed 4%
of the annual receipts to the revitalization fund.
(4)
The fund:
(a)
consists of state severance tax money to be spent at the discretion of the state; and
(b)
does not constitute a trust fund.
Section 88. Section
63N-22-704
, which is renumbered from Section 35A-8-1705 is renumbered
and amended to read:
35A-8-1705
63N-22-704
Effective
07/01/26
. Navajo Revitalization Fund
Board.
(1)
There is created within the division the Navajo Revitalization Fund Board composed of
five members as follows:
(a)
the governor or the governor's designee;
(b)
the two members of the San Juan County commission whose districts include
portions of the Navajo Reservation;
(c)
the chair of the Navajo Utah Commission or a member of the commission designated
by the chair of the Navajo Utah Commission; and
(d)
beginning July 1, 2008, a president of a Utah Navajo Chapter or an individual
designated by the president under an annual rotation system of Utah Navajo Chapters
as follows:
(i)
the president of a Utah Navajo Chapter shall serve for one year;
(ii)
the Utah Navajo Chapter is rotated in alphabetical order as provided in
Subsection
35A-8-1702(7)
63N-22-701(7)
, except that the rotation will begin on
July 1, 2008, with the Dennehotso Chapter;
and
(iii)
if the president of a Utah Navajo Chapter under Subsection
(1)(d)(ii)
is the same
individual as the individual listed in Subsection
(1)(c)
:
(A)
that Utah Navajo Chapter is skipped as part of
that
the annual
rotation; and
(B)
the president of the next Utah Navajo Chapter in the alphabetical rotation shall
serve on the board.
(2)
The term of office for a member of the board described in Subsections
(1)(a)
through
(c)

runs concurrently with the term of office for the governor, county commissioner, or
member of the Navajo Utah Commission.
(3)
(a)
The governor, or the governor's designee,
is
shall be
the chair of the board.
(b)
The chair shall call necessary meetings.
(4)
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
.
(5)
The per diem and travel expenses permitted under Subsection
(4)
may be included as
costs of administration of the revitalization fund.
(6)
Four board members are a quorum.
(7)
An affirmative vote of each member of the board present at a meeting when a quorum is
present is required for a board decision related to money in or disbursed from the
revitalization fund.
Section 89. Section
63N-22-705
, which is renumbered from Section 35A-8-1706 is renumbered
and amended to read:
35A-8-1706
63N-22-705
Effective
07/01/26
. Powers, functions, and duties of
the revitalization fund board.
(1)
The board shall:
(a)
direct the division regarding grants and loans from the revitalization fund to eligible
entities to serve persons that are or may be socially or economically impacted,
directly or indirectly, by mineral resource development;
(b)
establish procedures for application for an award of grants and loans including
eligibility criteria;
(c)
coordinate projects and programs with other projects and programs funded by
federal, state, and local government entities;
(d)
determine the order in which projects will be funded; and
(e)
be subject to the procedures and requirements under
Title 52, Chapter 4, Open and
Public Meetings Act
.
(2)
The board may:
(a)
qualify for, accept, and administer grants, gifts, loans, or other funds from the federal
government and from other sources, public or private; and
(b)
make rules
under
, in accordance with

Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
,
if necessary to perform its responsibilities
to implement this part
.
Section 90. Section
63N-22-706
, which is renumbered from Section 35A-8-1707 is renumbered
and amended to read:
35A-8-1707
63N-22-706
Effective
07/01/26
. Revitalization fund administered
by board -- Eligibility for assistance -- Review by board -- Restrictions on loans and
grants -- Division to distribute money -- Annual report.
(1)
(a)
If an eligible entity wishes to receive a loan or grant from the board, the eligible
To receive a loan or grant under this part, an eligible
entity shall
file an application
with the board
submit an application to the board
that contains the information
required by the board.
(b)
The board shall review an application for a loan or grant
filed
submitted
under
Subsection
(1)(a)
before approving the loan or grant.
(c)
The board may approve a loan or grant application subject to the applicant's
compliance with the one or more conditions established by the board.
(2)
In determining whether an eligible entity may receive a loan or grant, the board shall
give priority to:
(a)
a capital project or infrastructure, including:
(i)
electrical power;
(ii)
water; and
(iii)
a one time need project;
(b)
a housing project that consists of:
(i)
the purchase of new housing;
(ii)
the construction of new housing; or
(iii)
a significant remodeling of existing housing; or
(c)
a matching educational endowment that:
(i)
promotes economic development within the Utah portion of the Navajo
Reservation;
(ii)
promotes the preservation of Navajo culture, history, and language; or
(iii)
supports a postsecondary educational opportunity for a Navajo student enrolled
in a course or program taught within the Utah portion of the Navajo Reservation.
(3)
A loan or grant issued under this part may not fund:
(a)
a start-up or operational cost of a private business venture;
(b)
a general operating budget of an eligible entity; or
(c)
a project that will operate or be located outside of the Navajo Reservation in San
Juan County, Utah, except for an educational endowment approved by the board
under Subsection
(2)(c)
.
(4)
(a)
The board may not approve a loan unless the loan:
(i)
specifies the terms for repayment; and
(ii)
is secured by proceeds from a general obligation, special assessment, or revenue
bond, note, or other obligation.
(b)
The division shall deposit a loan repayment or interest on a loan issued under this
part into the revitalization fund.
(5)
The board shall give a priority to a loan or grant if the loan or grant includes matching
money or in-kind services from:
(a)
the Navajo Nation;
(b)
San Juan County;
(c)
the state;
(d)
the federal government;
(e)
a Utah Navajo Chapter; or
(f)
other private or public organization.
(6)
The division shall distribute loan and grant money:
(a)
if the loan or grant is approved by the board;
(b)
in accordance with the instructions of the board, except that the board may not
instruct that money be distributed in a manner:
(i)
inconsistent with this part; or
(ii)
in violation of a rule or procedure of the department; and
(c)
in the case of a loan
if the distribution is a loan
, in accordance with Section
63A-3-205
.
(7)
The division shall submit a report to the office for inclusion in the annual written report
described in Section
63N-1a-306
, the number and type of loan or grant awarded and a
list of recipients that received a loan or grant award under this part.
Section 91. Section
63N-22-801
, which is renumbered from Section 35A-16-601 is renumbered
and amended to read:
8. Homeless Housing and Services Grant Program
35A-16-601
63N-22-801
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"COVID-19" means:
(a)
severe acute respiratory syndrome coronavirus 2; or
(b)
the disease caused by severe acute respiratory syndrome coronavirus 2.
(2)
"COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(3)
"Grant program" means the COVID-19 Homeless Housing and Services Grant Program
established in Section
35A-16-602
63N-22-802
.
Section 92. Section
63N-22-802
, which is renumbered from Section 35A-16-602 is renumbered
and amended to read:
35A-16-602
63N-22-802
Effective
07/01/26
. COVID-19 Homeless Housing and
Services Grant Program.
(1)
There is established the COVID-19 Homeless Housing and Services Grant Program, a
competitive grant program administered by the office and funded in accordance with 42
U.S.C. Sec. 802.
(2)
The office shall distribute money to fund 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;
(ii)
at rental rates no greater than 30% of the income described in Subsection
(2)(a)(i)

for a household of:
(A)
one person if the unit is an efficiency unit;
(B)
two people if the unit is a one-bedroom unit;
(C)
four people if the unit is a two-bedroom unit;
(D)
five people if the unit is a three-bedroom unit;
(E)
six people if the unit is a four-bedroom unit; or
(F)
eight people if the unit is a five-bedroom or larger unit; and
(iii)
that have been impacted by the COVID-19 emergency in accordance with 42
U.S.C. Sec. 802; and
(b)
have been approved by the board.
(3)
The office shall:
(a)
administer the grant program, including:
(i)
reviewing grant applications and making recommendations to the board; and
(ii)
distributing grant money to approved grant recipients; and
(b)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to administer the program, including:
(i)
grant application requirements;
(ii)
procedures to approve a grant; and
(iii)
procedures for distributing money to grant recipients.
(4)
Except as provided in Subsection
(5)
, when reviewing an application for approval, the
board shall consider:
(a)
an applicant's rental income plan;
(b)
proposed case management and service plans for households;
(c)
any matching funds proposed by an applicant;
(d)
proposed restrictions, including deed restrictions, and the duration of restrictions on
housing units to facilitate long-term assistance to households;
(e)
whether use of funds for the proposed project complies with 42 U.S.C. Sec. 802; and
(f)
any other considerations as adopted by the board.
(5)
A licensed residential, vocational and life skills program, as defined in Section
13-53-102
, is exempt from the requirements described in Subsections
(4)(a)
, (b), and (f).
(6)
A grant award under this section shall comply with the requirements of 42 U.S.C. Sec.
802.
Section 93. Section
63N-22-901
is enacted to read:
9. Fund Reporting Requirements
63N-22-901
Effective
07/01/26
. State funds or state-administered federal funds
reporting requirements.
(1)
As used in this section:
(a)
"Affordable housing project" means housing that is constructed, developed, or
rehabilitated for occupancy by low and moderate income individuals whose incomes
are at or below certain income requirements.
(b)
"Housing sponsor" means the same as that term is defined in Section
63N-22-301
.
(c)
(i)
"Project investments" means the total amount of state funds or
state-administered federal funds awarded to a housing sponsor for the purposes of
an affordable housing project.
(ii)
"Project investments" includes:
(A)
a housing sponsor's matching funds or leveraged contributions for an
affordable housing project if the matching funds or leveraged contributions are
required as a condition for an award of state funds or state-administered federal
funds for an affordable housing project;
(B)
housing tax incentives, administered by the Utah Housing Corporation in
accordance with Title 63H, Chapter 8, Utah Housing Corporation Act, that are
provided to a housing sponsor for an affordable housing project; or
(C)
any other type of incentive, credit, or financial assistance provided to a
housing sponsor by a state agency or political subdivision for an affordable
housing project.
(2)
(a)
Except as provided in Subsection
(2)(b)
or
(c)
, on or before September 1 of each
year, a housing sponsor that receives state funds or state-administered federal funds
for the purposes of an affordable housing project shall provide a written report to the
division of:
(i)
a summary of the housing sponsor's project investments;
(ii)
the location of the affordable housing project;
(iii)
the number of affordable housing units built;
(iv)
the area median income served by the affordable housing project;
(v)
the number of units deed restricted, including the period of the deed restriction;
and
(vi)
the amount of unspent state funds or state-administered federal funds.
(b)
If an affordable housing project is not completed before the written report described
in Subsection
(2)(a)
is due, a housing sponsor shall provide a written report to the
division on the housing sponsor's progress and status towards the affordable housing
project and project investments.
(c)
If a housing sponsor is required to report on the housing sponsor's compliance with
the terms and conditions of a state or state-administered federal affordable housing
program as a condition of the receipt of program funds, the housing sponsor shall
submit the required information described in this Subsection
(3)(c)
to the division for
inclusion in the written report described in Subsection
(2)(a)
.
(3)
The division shall submit a summary of the written reports received under Subsection
(2)

to the office for inclusion in the annual written report described in Section
63N-1a-306
.
Section 94. Section
72-1-215
is amended to read:
72-1-215
Effective
07/01/26
. Affordable housing study.
(1)
As used in this section, "moderate income housing unit" means a housing unit that has
an appraised value that would allow, as estimated by the department, a household whose
income is no more than 80% of the area median income to occupy the housing unit
paying no more than 30% of the household's income for gross housing costs, including
utilities.
(2)
On or before September 15, the department shall provide a written report to the
Economic Development and Workforce Services Interim Committee
and to the
Commission on Housing Affordability created in Section
35A-8-2201

and the Political
Subdivisions Interim Committee
that describes:
(a)
the total number of housing units that were permanently vacated or destroyed as a
result of department action in the previous fiscal year, including separate subtotals
describing the total number of housing units with one bedroom, two bedrooms, three
bedrooms, and four or more bedrooms, which were permanently vacated or destroyed
as a result of department action in the previous fiscal year; and
(b)
the total number of moderate income housing units that were permanently vacated or
destroyed as a result of department action in the previous fiscal year, including
separate subtotals describing the total number of moderate income housing units with
one bedroom, two bedrooms, three bedrooms, and four or more bedrooms, which
were permanently vacated or destroyed as a result of department action in the
previous fiscal year.
Section 95. Section
72-1-304
is amended to read:
72-1-304
Effective
07/01/26
. 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 described in
Section
72-2-124
;
(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 public transit district may nominate a project for
prioritization in accordance with the process established by the commission in rule.
(ii)
If a local government or public transit district nominates a project for
prioritization by the commission, the local government or public transit 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 public transit district has
an ongoing funding source for operations and maintenance of the proposed
development; and
(C)
the local government or public transit district will provide the percentage of
the costs for the project as required by Subsection
72-2-124(4)(a)(viii)
or
72-2-124(10)(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 public transit district's general plan in accordance with
Section
10-20-404
or
17-79-403
;
(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 percentage of costs required by Subsections
72-2-124(4)(a)(viii)

and
72-2-124(10)(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 in accordance with 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
10-21-202(5)
, or a notice of prioritization for a county as described in
Subsection
17-80-202(5)
, the commission may give priority consideration to
transportation projects that are within the boundaries of the municipality or the
unincorporated areas of the county until the department receives notification from the
Housing and Community Development Division within the Department of Workforce
Services
Division of Housing and Community Development within the Governor's
Office of Economic Opportunity
that the municipality or county no longer qualifies
for prioritization under this Subsection
(3)(c)
.
(d)
When prioritizing a transportation project described in Subsection
(1)(a)(ii)
or
(iv)
,
the commission may give priority consideration to projects that improve connectivity
in accordance with Section
10-8-87
.
(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 the Transportation
Interim Committee for review before taking final action on the proposed rules or any
proposed amendment to the rules described in Subsection
(5)
.
Section 96. Section
72-2-124
is amended to read:
72-2-124
Effective
07/01/26
. 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
;
(e)
revenues transferred to the fund in accordance with Section
72-2-106
;
(f)
revenues transferred into the fund in accordance with Subsection
72-2-121(4)(l)
; and
(g)
revenue from bond proceeds described in Section
63B-34-201
.
(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)
subject to Subsection
(9)
, costs of corridor preservation, as that term is defined in
Section
72-5-401
;
(iv)
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)
;
(v)
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;
(vi)
principal, interest, and issuance costs of bonds authorized by Section
63B-16-101

for projects prioritized in accordance with Section
72-2-125
;
(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)
subject to Subsection
(4)(c)
, two lanes on U-111 from Herriman Parkway to
South Jordan Parkway;
(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)
using funds allocated in this Subsection
(4)(a)(ix)
, and other sources of funds,
for construction of an interchange on Bangerter Highway at 13400 South; and
(P)
an environmental impact study for Kimball Junction in Summit County;
(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;
(xi)
$13,000,000 as pass-through funds to Spanish Fork for the costs of right-of-way
acquisition, construction, reconstruction, or renovation to connect Fingerhut Road
over the railroad and to U.S. Highway 6;
(xii)
for a fiscal year beginning on July 1, 2025, only, as pass-through funds from
revenue deposited into the fund in accordance with Section
59-12-103
, for the
following projects:
(A)
$3,000,000 for the department to perform an environmental study for the I-15
Salem and Benjamin project; and
(B)
$2,000,000, as pass-through funds, to Kane County for the Coral Pink Sand
Dunes Road project; and
(xiii)
for a fiscal year beginning on July 1, 2025, up to $300,000,000 for the costs of
right-of-way acquisition and construction for improvements on SR-89 in a county
of the first class.
(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)
.
(c)
(i)
Construction related to the project described in Subsection
(4)(a)(ix)(D)
may
not commence until a right-of-way not owned by a federal agency that is required
for the realignment and extension of U-111, as described in the department's 2023
environmental study related to the project, is dedicated to the department.
(ii)
Notwithstanding Subsection
(4)(c)(i)
, if a right-of-way is not dedicated for the
project as described in Subsection
(4)(c)(i)
on or before October 1, 2024, the
department may proceed with the project, except that the project will be limited to
two lanes on U-111 from Herriman Parkway to 11800 South.
(5)
(a)
Except as provided in Subsection
(5)(b)
, if the department receives a notice of
ineligibility for a municipality as described in Subsection
10-21-202(8)
, 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 municipality until the department
receives notification from the
Housing and Community Development Division
within the Department of Workforce Services
Division of Housing and Community
Development within the Governor's Office of Economic Opportunity
that ineligibility
under this Subsection
(5)
no longer applies to the municipality.
(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 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
17-80-202(8)
, 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 the county until
the department receives notification from the
Housing and Community Development
Division within the Department of Workforce Services
Division of Housing and
Community Development within the Governor's Office of Economic Opportunity

that ineligibility under this Subsection
(6)
no longer applies to the county.
(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
(6)(a)
and (b) do not apply to a project programmed by the executive
director before July 1, 2022, 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)
The executive director may only use money in the fund for corridor preservation as
described in Subsection
(4)(a)(iii)
:
(a)
if the project has been prioritized by the commission, including the use of fund
money for corridor preservation; or
(b)
for a project that has not been prioritized by the commission, if the commission:
(i)
approves the use of fund money for the corridor preservation; and
(ii)
finds that the use of fund money for corridor preservation will not result in any
delay to a project that has been prioritized by the commission.
(10)
(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)
transfers of local option sales and use tax revenue as described in Subsection
59-12-2220(11)(b)
or
(c)
;
(v)
private contributions; and
(vi)
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
(10)(e)
, the commission may prioritize money from the fund:
(i)
for public transit capital development of new capacity projects and fixed guideway
capital development projects to be used as prioritized by the commission through
the prioritization process adopted under Section
72-1-304
;
(ii)
to the department for oversight of a fixed guideway capital development project
for which the department has responsibility; or
(iii)
up to $500,000 per year, to be used for a public transit study.
(e)
(i)
Subject to Subsections
(10)(g)
,
(h)
, and
(i)
, the commission may only prioritize
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 30% of the costs needed for the project.
(ii)
A public transit district or political subdivision may use money derived from a
loan granted in accordance with Part 2, State Infrastructure Bank Fund, to provide
all or part of the 30% requirement described in Subsection
(10)(e)(i)
if:
(A)
the loan is approved by the commission as required in Part 2, State
Infrastructure Bank Fund; and
(B)
the proposed capital project has been prioritized by the commission pursuant
to Section
72-1-303
.
(f)
Before July 1, 2022, the department and a large public transit district shall enter into
an agreement for a large public transit district to pay the department $5,000,000 per
year for 15 years to be used to facilitate the purchase of zero emissions or low
emissions rail engines and trainsets for regional public transit rail systems.
(g)
For any revenue transferred into the fund in accordance with Subsection
59-12-2220(11)(b)
:
(i)
the commission may prioritize money from the fund for public transit projects,
operations, or maintenance within the county of the first class; and
(ii)
Subsection
(10)(e)
does not apply.
(h)
For any revenue transferred into the fund in accordance with Subsection
59-12-2220(11)(c)
:
(i)
the commission may prioritize public transit projects, operations, or maintenance
in the county from which the revenue was generated; and
(ii)
Subsection
(10)(e)
does not apply.
(i)
The requirement to provide funds equal to or greater than 30% of the costs needed for
the project described in Subsection
(10)(e)
does not apply to a public transit capital
development project or pedestrian or nonmotorized transportation project that the
department proposes.
(j)
In accordance with Part 4, Public Transit Innovation Grants, the commission may
prioritize money from the fund for public transit innovation grants, as defined in
Section
72-2-401
, for public transit capital development projects requested by a
political subdivision within a public transit district.
(11)
(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.
(e)
The department may use up to 2% of the revenue deposited into the account under
Subsection
59-12-103(4)(f)
to contract with local governments as necessary for
public safety enforcement related to the Cottonwood Canyons of Salt Lake County.
(f)
Beginning with fiscal year beginning on July 1, 2025, the department shall use any
sales and use tax growth over sales and use tax collections during the 2025 fiscal year
to fund projects to provide ingress and egress for a public transit hub, including
construction of the public transit hub, in the Big Cottonwood Canyon area.
(12)
(a)
There is created in the Transportation Investment Fund of 2005 the Active
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; and
(iii)
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 executive director may only use fund money to pay the costs needed for:
(i)
the planning, design, construction, maintenance, reconstruction, or renovation of
paved pedestrian or paved nonmotorized trail projects that:
(A)
are prioritized by the commission through the prioritization process for new
transportation capacity projects adopted under Section
72-1-304
;
(B)
serve a regional purpose; and
(C)
are part of an active transportation plan approved by the department or the
plan described in Subsection
(12)(d)(ii)
;
(ii)
the development of a plan for a statewide network of paved pedestrian or paved
nonmotorized trails that serve a regional purpose; and
(iii)
the administration of the fund, including staff and overhead costs.
(13)
(a)
As used in this Subsection
(13)
, "commuter rail" means the same as that term is
defined in Section
63N-3-602
.
(b)
There is created in the Transit Transportation Investment Fund the Commuter Rail
Subaccount.
(c)
The subaccount shall be funded by:
(i)
contributions deposited into the subaccount in accordance with Section
59-12-103
;
(ii)
appropriations into the subaccount by the Legislature;
(iii)
private contributions; and
(iv)
donations or grants from public or private entities.
(d)
(i)
The subaccount shall earn interest.
(ii)
All interest earned on money in the subaccount shall be deposited into the
subaccount.
(e)
As prioritized by the commission through the prioritization process adopted under
Section
72-1-304
or as directed by the Legislature, the department may only use
money from the subaccount for projects that improve the state's commuter rail
infrastructure, including the building or improvement of grade-separated crossings
between commuter rail lines and public highways.
(f)
Appropriations made in accordance with this section are nonlapsing in accordance
with Section
63J-1-602.1
.
Section 97. Section
73-10c-3
is amended to read:
73-10c-3
Effective
07/01/26
. Water Development Coordinating Council created
-- Purpose -- Members.
(1)
(a)
There is created within the Department of Natural Resources a Water
Development Coordinating Council. The council is comprised of:
(i)
the director of the Division of Water Resources;
(ii)
the executive secretary of the Water Quality Board;
(iii)
the executive secretary of the Drinking Water Board;
(iv)
the director of the
Housing and Community Development Division
Division of
Community Services
or the director's designee;
(v)
the state treasurer or the state treasurer's designee;
(vi)
the commissioner of the Department of Agriculture and Food, or the
commissioner's designee; and
(vii)
an individual appointed by the governor with the advice and consent of the
Senate who is:
(A)
familiar with water infrastructure projects, including planning, financing,
construction, or operation; and
(B)
employed by a water conservancy district that is subject to the asset
management criteria
of
described in
Section
17B-2a-1010
.
(b)
The council shall choose a chair and vice chair from among the council's own
members, except the chair and vice chair may not be from the same department.
(c)
A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the Division of Finance
pursuant to
in accordance with
Sections
63A-3-106
and
63A-3-107
.
(2)
The purposes of the council are to:
(a)
coordinate the use and application of the money available to the state to give
financial assistance to political subdivisions of this state so as to promote the
conservation, development, treatment, restoration, and protection of the waters of this
state;
(b)
promote the coordination of the financial assistance programs administered by the
state and the use of the financing alternative most economically advantageous to the
state and
its
the
political subdivisions
of the state
;
(c)
promote the consideration by the Board of Water Resources, Drinking Water Board,
and Water Quality Board of regional solutions to the water and wastewater needs of
individual political subdivisions of this state;
(d)
assess the adequacy and needs of the state and
its
the
political subdivisions
with
respect to
of the state concerning
water-related infrastructures and advise the
governor and the Legislature on those funding needs;
(e)
conduct reviews and reports on water-related infrastructure issues as directed by
statute;
(f)
engage in planning and prioritization of water infrastructure projects in accordance
with Chapter 10g, Part 6, Planning and Prioritization; and
(g)
expend money from the Water Infrastructure Fund in accordance with Section
73-10g-107
.
Section 98.
Repealer.
Powers.
Low-income ADU loan guarantee pilot program.
Subordinate shared appreciation loan program.
Title.
Legislative policy and purpose.
Assistance to domestic violence shelters -- Rulemaking authority.
Powers.
Deposits into fund.
Annual report.
Title -- Purpose.
Definitions.
Commission on Housing Affordability.
Duties of the commission.
Annual report.
Section 99.
FY 2027 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
fiscal year 2027.
Subsection 99(a).
Operating and Capital Budgets
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.
ECONOMIC AND COMMUNITY DEVELOPMENT
GOVERNOR'S OFFICE OF ECONOMIC OPPORTUNITY
ITEM 1
Governor's Office of Economic Opportunity - Division of Housing and
Community Development
From General Fund
345,000
Division of Housing and Community
Development
345,000
GENERAL GOVERNMENT
GOVERNOR'S OFFICE
ITEM 2
Governor's Office - Governor's Office Operations
From General Fund
(345,000)
Administration
(345,000)
Section 100.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
July 1, 2026
.
(2)
The actions affecting Section 63H-8-201
Effective
05/06/26
take effect on
May 6,
2026
.
3-6-26 5:52 PM