2001 Legislative Session Results

Wilf Sommerkorn
Legislative Committee Chair

The 2001 Utah State Legislature passed a number of planning-related statutes planners throughout the state should be aware of. The following is a quick summary of the bills of interest to planners that passed the 2001 Utah Legislature:

HB7 Recodification of RDAs - This bill recodifies the state code relating to redevelopment agencies.  This has been amended so many times over the years, it was helpful to have a clean-up of all the sections and language.

HB71 Appropriation for Land Use Planning - This is a "resurrection" of the Local Government Comprehensive Planning Committee, which helped to fund the preparation of general plans in just about all of the rural counties.  The amount was approved at $100,000, and has some language to have it coordinate with the Quality Growth Commission through the Governors Office of Planning & Budget.

HB86 Government Revenue and Tax System Task Force - This task force is to be charged with studying the revenue and taxation system for local and state government.  One of the issues they will likely look at is "zoning for dollars" which is providing an incentive for local governments to zone in a way that helps develop tax base.  The current system requires pulling in all the tax generators possible and avoiding costs such as affordable housing.  There is some question as to just how effective this task force will be, because the task force is to be comprised entirely of legislators with no direct membership by local government representatives.

HB90 Residential Facilities for Those with Disabilities - Enrolled language has not yet been released.  Will get more on this as language becomes available.

HB112 Prevention of Retaliatory Lawsuits - This is a bill to discourage SLAPP lawsuits.

HB155 Annexation Amendments - This is our infamous annexation modification bill.  More coming on this one soon.

HB214 Corridor Preservation Funding Distribution - This bill redefines what is considered a "hardship" for use of funds for transportation corridor preservation.

HB218 State Highway Access Management - Requires UDOT to set standards for approach roads and driveways onto state highways.  Also requires UDOT to review the application with local governments to meet their design standards.  Part of this bill pertaining to transit in Salt Lake County was passed in November by voters.  The state code designated the ¼ of the ¼ percent tax to go to I-15 reconstruction.  With that project all funded and nearly complete, this bill will now allow those funds to go to work on any state highway in Salt Lake County.

SB68 Placement of Certain Residential Facilities for Persons with a Disability - Allows local governments to require supervision and security for residential substance abuse facilities located within 500 feet of a school.

SB70 RDA Tax Increment from School Districts - This bill is considerably watered down from the original intent, and now only requires school board representatives to the taxing agency committee to report back why they voted to approve the use of tax increment.

SB98 Locating Telecommunications Facilities - Modifies the definition of subdivision in counties of the second class through the sixth class to exempt division of land for a telecom facility.

SB123 AOG Appropriation - Passed with a reduced amount - only $160,000 instead of the original $300,000 sought.

SB158 Manufactured Housing Development Equal Treatment - Requires local governments to treat subdivisions for manufactured homes the same as regular subdivisions.  The bill does not do much because that is essentially the current state law due to court rulings and federal requirements.

SB256 Transportation Amendments -  Allows UTA the ability to exercise eminent domain authority through UDOT.

While many planning related bills were passed, there were still a few that did not pass which planners may also be concerned about.  The bills that did not pass include:

HB129 Municipal & County Land Use Changes

HB249 Public Transit Districts

HB270 Annexation Law Amendments

HJR4 Constitutional Amendment to Highway User & Fuel Tax Fund Use

SB116 Requirements to Incorporate a Town

SB220 Agriculture Protection Zone Amendments

SB228 Sales and Use Tax for Community Development

SB248 Task Force to Develop a Subdivision & Platting Act

SB255 Task Force to Review Local Government Taxation

For more information on these bills and related information regarding the Utah Legislature, visit the State of Utah Web site at http://www.state.ut.us/government/legislative.html.  If you are interested in getting involved with the Utah Chapter’s Legislative Committee, contact Wilf Sommerkorn with Davis County at (801) 451-3278.

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