Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             S.B. 166
       6 Approved for Filing: B. Hess 6                              1st Sub. (Green)
          6 02-15-23 4:04 PM 6
                         Senator Lincoln Fillmore proposes the following substitute bill:
                           EDUCATION ENTITY AMENDMENTS
                                       2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Lincoln Fillmore
                                  House Sponsor: A. Cory Maloy
 6
 LONG TITLE
 General Description:
        This bill provides a home-based education entity and micro-education entity with
 certain similar duties, requirements, waivers, and rights as private and charter schools.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires a county and municipality to consider micro-education and home-based
 education entities as a permitted use in all zoning districts within a county and
 municipality;
        < identifies the occupancy requirements to which a micro-education entity is subject;
        < requires a local school board to excuse a student of a micro-education entity or
 home-based education entity under certain circumstances;
        < provides that an instructor of a school-age child who attends a micro-education       1st Sub. S.B. 166
 entity or home-based education entity is solely responsible for instruction, materials,
 and evaluation;
        < prohibits a local school board from requiring a micro-education entity or
 home-based education entity to provide teaching credentials, submit to inspection,
 and conduct testing;
     *SB0166S01*
       1st Sub. (Green) S.B. 166                                              02-15-23 4:04 PM
         < prevents government entities from regulating micro-education entity and
 home-based education entity food preparation and distribution under certain
 circumstances;
         < allows students in a micro-education entity or home-based education entity to
 participate in extracurricular activities in a public school;
         < exempts a student of a micro-education entity or a home-based education entity
 from immunization requirements; and
         < makes technical changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
         10-9a-103, as last amended by Laws of Utah 2022, Chapters 355, 406
         10-9a-305, as last amended by Laws of Utah 2021, Chapter 35
         10-9a-529, as last amended by Laws of Utah 2021, Chapter 385
         17-27a-103, as last amended by Laws of Utah 2022, Chapter 406
         17-27a-305, as last amended by Laws of Utah 2021, Chapter 35
         32B-1-102, as last amended by Laws of Utah 2022, Chapter 447
         53G-6-201, as last amended by Laws of Utah 2021, Chapters 113, 261 and 427
         53G-6-204, as last amended by Laws of Utah 2021, Chapter 359
         53G-6-702, as last amended by Laws of Utah 2020, Chapter 408
         53G-6-703, as last amended by Laws of Utah 2019, Chapter 293
         53G-6-706, as last amended by Laws of Utah 2019, Chapter 293
         53G-9-301, as last amended by Laws of Utah 2022, Chapter 255
 ENACTS:
         53G-6-212, Utah Code Annotated 1953
54
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 10-9a-103 is amended to read:
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       02-15-23 3:43 PM                                                    1st Sub. (Green) S.B. 166
        10-9a-103. Definitions.
        As used in this chapter:
        (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
 detached from a primary single-family dwelling and contained on one lot.
        (2) "Adversely affected party" means a person other than a land use applicant who:
        (a) owns real property adjoining the property that is the subject of a land use
 application or land use decision; or
        (b) will suffer a damage different in kind than, or an injury distinct from, that of the
 general community as a result of the land use decision.
        (3) "Affected entity" means a county, municipality, local district, special service
 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
 public utility, property owner, property owners association, or the [Utah] Department of
 Transportation, if:
        (a) the entity's services or facilities are likely to require expansion or significant
 modification because of an intended use of land;
        (b) the entity has filed with the municipality a copy of the entity's general or long-range
 plan; or
        (c) the entity has filed with the municipality a request for notice during the same
 calendar year and before the municipality provides notice to an affected entity in compliance
 with a requirement imposed under this chapter.
        (4) "Affected owner" means the owner of real property that is:
        (a) a single project;
        (b) the subject of a land use approval that sponsors of a referendum timely challenged
 in accordance with Subsection 20A-7-601(6); and
        (c) determined to be legally referable under Section 20A-7-602.8.
        (5) "Appeal authority" means the person, board, commission, agency, or other body
 designated by ordinance to decide an appeal of a decision of a land use application or a
 variance.
        (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
 residential property if the sign is designed or intended to direct attention to a business, product,
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        1st Sub. (Green) S.B. 166                                                   02-15-23 4:04 PM
 or service that is not sold, offered, or existing on the property where the sign is located.
         (7) (a) "Charter school" means:
         (i) an operating charter school;
         (ii) a charter school applicant that a charter school authorizer approves in accordance
 with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
         (iii) an entity that is working on behalf of a charter school or approved charter
 applicant to develop or construct a charter school building.
         (b) "Charter school" does not include a therapeutic school.
         (8) "Conditional use" means a land use that, because of the unique characteristics or
 potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
 uses, may not be compatible in some areas or may be compatible only if certain conditions are
 required that mitigate or eliminate the detrimental impacts.
         (9) "Constitutional taking" means a governmental action that results in a taking of
 private property so that compensation to the owner of the property is required by the:
         (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
         (b) Utah Constitution Article I, Section 22.
         (10) "Culinary water authority" means the department, agency, or public entity with
 responsibility to review and approve the feasibility of the culinary water system and sources for
 the subject property.
         (11) "Development activity" means:
         (a) any construction or expansion of a building, structure, or use that creates additional
 demand and need for public facilities;
         (b) any change in use of a building or structure that creates additional demand and need
 for public facilities; or
         (c) any change in the use of land that creates additional demand and need for public
 facilities.
         (12) (a) "Development agreement" means a written agreement or amendment to a
 written agreement between a municipality and one or more parties that regulates or controls the
 use or development of a specific area of land.
         (b) "Development agreement" does not include an improvement completion assurance.
         (13) (a) "Disability" means a physical or mental impairment that substantially limits
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        02-15-23 3:43 PM                                                  1st Sub. (Green) S.B. 166
 one or more of a person's major life activities, including a person having a record of such an
 impairment or being regarded as having such an impairment.
        (b) "Disability" does not include current illegal use of, or addiction to, any federally
 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
 802.
        (14) "Educational facility":
        (a) means:
        (i) a school district's building at which pupils assemble to receive instruction in a
 program for any combination of grades from preschool through grade 12, including
 kindergarten and a program for children with disabilities;
        (ii) a structure or facility:
        (A) located on the same property as a building described in Subsection (14)(a)(i); and
        (B) used in support of the use of that building; and
        (iii) a building to provide office and related space to a school district's administrative
 personnel; and
        (b) does not include:
        (i) land or a structure, including land or a structure for inventory storage, equipment
 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
        (A) not located on the same property as a building described in Subsection (14)(a)(i);
 and
        (B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
        (ii) a therapeutic school.
        (15) "Fire authority" means the department, agency, or public entity with responsibility
 to review and approve the feasibility of fire protection and suppression services for the subject
 property.
        (16) "Flood plain" means land that:
        (a) is within the 100-year flood plain designated by the Federal Emergency
 Management Agency; or
        (b) has not been studied or designated by the Federal Emergency Management Agency
 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
 the land has characteristics that are similar to those of a 100-year flood plain designated by the
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        1st Sub. (Green) S.B. 166                                                  02-15-23 4:04 PM
 Federal Emergency Management Agency.
         (17) "General plan" means a document that a municipality adopts that sets forth general
 guidelines for proposed future development of the land within the municipality.
         (18) "Geologic hazard" means:
         (a) a surface fault rupture;
         (b) shallow groundwater;
         (c) liquefaction;
         (d) a landslide;
         (e) a debris flow;
         (f) unstable soil;
         (g) a rock fall; or
         (h) any other geologic condition that presents a risk:
         (i) to life;
         (ii) of substantial loss of real property; or
         (iii) of substantial damage to real property.
         (19) "Historic preservation authority" means a person, board, commission, or other
 body designated by a legislative body to:
         (a) recommend land use regulations to preserve local historic districts or areas; and
         (b) administer local historic preservation land use regulations within a local historic
 district or area.
         (20) "Home-based education entity" means the same as that term is defined in Section
 53G-6-201.
         [(20)] (21) "Hookup fee" means a fee for the installation and inspection of any pipe,
 line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
 other utility system.
         [(21)] (22) "Identical plans" means building plans submitted to a municipality that:
         (a) are clearly marked as "identical plans";
         (b) are substantially identical to building plans that were previously submitted to and
 reviewed and approved by the municipality; and
         (c) describe a building that:
         (i) is located on land zoned the same as the land on which the building described in the
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        02-15-23 3:43 PM                                                   1st Sub. (Green) S.B. 166
 previously approved plans is located;
        (ii) is subject to the same geological and meteorological conditions and the same law
 as the building described in the previously approved plans;
        (iii) has a floor plan identical to the building plan previously submitted to and reviewed
 and approved by the municipality; and
        (iv) does not require any additional engineering or analysis.
        [(22)] (23) "Impact fee" means a payment of money imposed under Title 11, Chapter
 36a, Impact Fees Act.
        [(23)] (24) "Improvement completion assurance" means a surety bond, letter of credit,
 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
 by a municipality to guaranty the proper completion of landscaping or an infrastructure
 improvement required as a condition precedent to:
        (a) recording a subdivision plat; or
        (b) development of a commercial, industrial, mixed use, or multifamily project.
        [(24)] (25) "Improvement warranty" means an applicant's unconditional warranty that
 the applicant's installed and accepted landscaping or infrastructure improvement:
        (a) complies with the municipality's written standards for design, materials, and
 workmanship; and
        (b) will not fail in any material respect, as a result of poor workmanship or materials,
 within the improvement warranty period.
        [(25)] (26) "Improvement warranty period" means a period:
        (a) no later than one year after a municipality's acceptance of required landscaping; or
        (b) no later than one year after a municipality's acceptance of required infrastructure,
 unless the municipality:
        (i) determines for good cause that a one-year period would be inadequate to protect the
 public health, safety, and welfare; and
        (ii) has substantial evidence, on record:
        (A) of prior poor performance by the applicant; or
        (B) that the area upon which the infrastructure will be constructed contains suspect soil
 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
        [(26)] (27) "Infrastructure improvement" means permanent infrastructure that is
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        1st Sub. (Green) S.B. 166                                                   02-15-23 4:04 PM
 essential for the public health and safety or that:
         (a) is required for human occupation; and
         (b) an applicant must install:
         (i) in accordance with published installation and inspection specifications for public
 improvements; and
         (ii) whether the improvement is public or private, as a condition of:
         (A) recording a subdivision plat;
         (B) obtaining a building permit; or
         (C) development of a commercial, industrial, mixed use, condominium, or multifamily
 project.
         [(27)] (28) "Internal lot restriction" means a platted note, platted demarcation, or
 platted designation that:
         (a) runs with the land; and
         (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
 the plat; or
         (ii) designates a development condition that is enclosed within the perimeter of a lot
 described on the plat.
         [(28)] (29) "Land use applicant" means a property owner, or the property owner's
 designee, who submits a land use application regarding the property owner's land.
         [(29)] (30) "Land use application":
         (a) means an application that is:
         (i) required by a municipality; and
         (ii) submitted by a land use applicant to obtain a land use decision; and
         (b) does not mean an application to enact, amend, or repeal a land use regulation.
         [(30)] (31) "Land use authority" means:
         (a) a person, board, commission, agency, or body, including the local legislative body,
 designated by the local legislative body to act upon a land use application; or
         (b) if the local legislative body has not designated a person, board, commission,
 agency, or body, the local legislative body.
         [(31)] (32) "Land use decision" means an administrative decision of a land use
 authority or appeal authority regarding:
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        02-15-23 3:43 PM                                                     1st Sub. (Green) S.B. 166
         (a) a land use permit; or
         (b) a land use application.
         [(32)] (33) "Land use permit" means a permit issued by a land use authority.
         [(33)] (34) "Land use regulation":
         (a) means a legislative decision enacted by ordin