Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 135
Approved for Filing: R. Oakey-Frost 6
           6 01-03-24 3:31 PM 6
                            COUNTY LAND USE AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Kera Birkeland
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill addresses county land use and development.
 Highlighted Provisions:
        This bill:
        < repeals provisions requiring certain counties to submit a proposal to create a
 housing and transit reinvestment zone as a strategy for increasing moderate income
 housing; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        17-27a-403, as last amended by Laws of Utah 2023, Chapters 88, 238
        17-27a-408, as last amended by Laws of Utah 2023, Chapters 88, 501 and 529 and last
 amended by Coordination Clause, Laws of Utah 2023, Chapter 88
        63N-3-603, as last amended by Laws of Utah 2023, Chapter 357
                                                                                                  H.B. 135
26
 Be it enacted by the Legislature of the state of Utah:
     *HB0135*
       H.B. 135                                                                   01-03-24 3:31 PM
        Section 1. Section 17-27a-403 is amended to read:
        17-27a-403. Plan preparation.
        (1) (a) The planning commission shall provide notice, as provided in Section
 17-27a-203, of the planning commission's intent to make a recommendation to the county
 legislative body for a general plan or a comprehensive general plan amendment when the
 planning commission initiates the process of preparing the planning commission's
 recommendation.
        (b) The planning commission shall make and recommend to the legislative body a
 proposed general plan for:
        (i) the unincorporated area within the county; or
        (ii) if the planning commission is a planning commission for a mountainous planning
 district, the mountainous planning district.
        (c) (i) The plan may include planning for incorporated areas if, in the planning
 commission's judgment, they are related to the planning of the unincorporated territory or of
 the county as a whole.
        (ii) Elements of the county plan that address incorporated areas are not an official plan
 or part of a municipal plan for any municipality, unless the county plan is recommended by the
 municipal planning commission and adopted by the governing body of the municipality.
        (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
 and descriptive and explanatory matter, shall include the planning commission's
 recommendations for the following plan elements:
        (i) a land use element that:
        (A) designates the long-term goals and the proposed extent, general distribution, and
 location of land for housing for residents of various income levels, business, industry,
 agriculture, recreation, education, public buildings and grounds, open space, and other
 categories of public and private uses of land as appropriate;
        (B) includes a statement of the projections for and standards of population density and
 building intensity recommended for the various land use categories covered by the plan;
        (C) is coordinated to integrate the land use element with the water use and preservation
 element; and
        (D) accounts for the effect of land use categories and land uses on water demand;
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       01-03-24 3:31 PM                                                                            H.B. 135
        (ii) a transportation and traffic circulation element that:
        (A) provides the general location and extent of existing and proposed freeways, arterial
 and collector streets, public transit, active transportation facilities, and other modes of
 transportation that the planning commission considers appropriate;
        (B) addresses the county's plan for residential and commercial development around
 major transit investment corridors to maintain and improve the connections between housing,
 employment, education, recreation, and commerce; and
        (C) correlates with the population projections, the employment projections, and the
 proposed land use element of the general plan;
        (iii) for a specified county as defined in Section 17-27a-408, a moderate income
 housing element that:
        (A) provides a realistic opportunity to meet the need for additional moderate income
 housing within the next five years;
        (B) selects three or more moderate income housing strategies described in Subsection
 (2)(b)(ii) for implementation; and
        (C) includes an implementation plan as provided in Subsection [(2)(e);] (2)(f);
        (iv) a resource management plan detailing the findings, objectives, and policies
 required by Subsection 17-27a-401(3); and
        (v) a water use and preservation element that addresses:
        (A) the effect of permitted development or patterns of development on water demand
 and water infrastructure;
        (B) methods of reducing water demand and per capita consumption for future
 development;
        (C) methods of reducing water demand and per capita consumption for existing
 development; and
        (D) opportunities for the county to modify the county's operations to eliminate
 practices or conditions that waste water.
        (b) In drafting the moderate income housing element, the planning commission:
        (i) shall consider the Legislature's determination that counties should facilitate a
 reasonable opportunity for a variety of housing, including moderate income housing:
        (A) to meet the needs of people of various income levels living, working, or desiring to
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        H.B. 135                                                                    01-03-24 3:31 PM
 live or work in the community; and
         (B) to allow people with various incomes to benefit from and fully participate in all
 aspects of neighborhood and community life; and
         (ii) shall include an analysis of how the county will provide a realistic opportunity for
 the development of moderate income housing within the planning horizon, 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
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        01-03-24 3:31 PM                                                                       H.B. 135
 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, 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) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
 Part 6, Housing and Transit Reinvestment Zone Act;
        (R) eliminate impact fees for any accessory dwelling unit that is not an internal
 accessory dwelling unit as defined in Section 10-9a-530;
        (S) create a program to transfer development rights for moderate income housing;
        (T) ratify a joint acquisition agreement with another local political subdivision for the
 purpose of combining resources to acquire property for moderate income housing;
        (U) develop a moderate income housing project for residents who are disabled or 55
 years old or older;
        (V) create or allow for, and reduce regulations related to, multifamily residential
 dwellings compatible in scale and form with detached single-family residential dwellings and
 located in walkable communities within residential or mixed-use zones; and
        (W) 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,
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        H.B. 135                                                                     01-03-24 3:31 PM
 including the dedication of a local funding source to moderate income housing or the adoption
 of a land use ordinance that requires 10% or more of new residential development in a
 residential zone be dedicated to moderate income housing.
        [(iii) If a specified county, as defined in Section 17-27a-408, has created a small public
 transit district, as defined in Section 17B-2a-802, on or before January 1, 2022, the specified
 county shall include as part of the specified county's recommended strategies under Subsection
 (2)(b)(ii) a recommendation to implement the strategy described in Subsection (2)(b)(ii)(Q).]
        [(iv)] (c) 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 (2)(b)(ii).
        [(c)] (d) In drafting the land use element, the planning commission shall:
        (i) identify and consider each agriculture protection area within the unincorporated area
 of the county or mountainous planning district;
        (ii) avoid proposing a use of land within an agriculture protection area that is
 inconsistent with or detrimental to the use of the land for agriculture; and
        (iii) consider and coordinate with any station area plans adopted by municipalities
 located within the county under Section 10-9a-403.1.
        [(d)] (e) In drafting the transportation and traffic circulation element, the planning
 commission shall:
        (i) (A) consider and coordinate with the regional transportation plan developed by the
 county's region's metropolitan planning organization, if the relevant areas of the county are
 within the boundaries of a metropolitan planning organization; or
        (B) consider and coordinate with the long-range transportation plan developed by the
 Department of Transportation, if the relevant areas of the county are not within the boundaries
 of a metropolitan planning organization; and
        (ii) consider and coordinate with any station area plans adopted by municipalities
 located within the county under Section 10-9a-403.1.
        [(e)] (f) (i) In drafting the implementation plan portion of the moderate income housing
 element as described in Subsection (2)(a)(iii)(C), the planning commission shall 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.
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        01-03-24 3:31 PM                                                                         H.B. 135
           (ii) The timeline described in Subsection [(2)(e)(i)] (2)(f)(i) shall:
           (A) identify specific measures and benchmarks for implementing each moderate
 income housing strategy selected by the county; and
           (B) provide flexibility for the county to make adjustments as needed.
           [(f)] (g) In drafting the water use and preservation element, the planning commission:
           (i) shall consider applicable regional water conservation goals recommended by the
 Division of Water Resources;
           (ii) shall consult with the Division of Water Resources for information and technical
 resources regarding regional water conservation goals, including how implementation of the
 land use element and water use and preservation element may affect the Great Salt Lake;
           (iii) shall notify the community water systems serving drinking water within the
 unincorporated portion of the county and request feedback from the community water systems
 about how implementation of the land use element and water use and preservation element may
 affect:
           (A) water supply planning, including drinking water source and storage capacity
 consistent with Section 19-4-114; and
           (B) water distribution planning, including master plans, infrastructure asset
 management programs and plans, infrastructure replacement plans, and impact fee facilities
 plans;
           (iv) shall consider the potential opportunities and benefits of planning for
 regionalization of public water systems;
           (v) shall consult with the Department of Agriculture and Food for information and
 technical resources regarding the potential benefits of agriculture conservation easements and
 potential implementation of agriculture water optimization projects that would support regional
 water conservation goals;
           (vi) shall notify an irrigation or canal company located in the county so that the
 irrigation or canal company can be involved in the protection and integrity of the irrigation or
 canal company's delivery systems;
           (vii) shall include a recommendation for:
           (A) water conservation policies to be determined by the county; and
           (B) landscaping options within a public street for current and future development that
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        H.B. 135                                                                    01-03-24 3:31 PM
 do not require the use of lawn or turf in a parkstrip;
         (viii) shall review the county's land use ordinances and include a recommendation for
 changes to an ordinance that promotes the inefficient use of water;
         (ix) shall consider principles of sustainable landscaping, including the:
         (A) reduction or limitation of the use of lawn or turf;
         (B) promotion of site-specific landscape design that decreases stormwater runoff or
 runoff of water used for irrigation;
         (C) preservation and use of healthy trees that have a reasonable water requirement or
 are resistant to dry soil conditions;
         (D) elimination or regulation of ponds, pools, and other features that promote
 unnecessary water evaporation;
         (E) reduction of yard waste; and
         (F) use of an irrigation system, including drip irrigation, best adapted to provide the
 optimal amount of water to the plants being irrigated;
         (x) may include recommendations for additional water demand reduction strategies,
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