Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             S.B. 172
Approved for Filing: P. Owen 6                               1st Sub. (Green)
          6 02-24-24 5:44 PM 6
                         Senator Curtis S. Bramble proposes the following substitute bill:
                              PROTECTION AREAS REVISIONS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                                Chief Sponsor: Curtis S. Bramble
                                   House Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to statutorily protected areas.
 Highlighted Provisions:
        This bill:
        < addresses general land use authority;
        < modifies definitions;
        < amends provisions related to the protection area advisory boards;
        < addresses a proposal for creation of a protection area;
        < addresses notice of proposal for creation of a protection area;
        < amends provisions regarding review and action on a proposal, including a time
 frame for a legislative body to act on a proposal;
        < outlines criteria to be applied in evaluating a proposal;
        < addresses adding land to or removing land from a protection area;               1st Sub. S.B. 172
        < provides for the treatment of annexed land;
        < addresses limitations on local regulations;
        < addresses nuisance;
        < modifies the policy for state agencies;
        < amends restrictions related to eminent domain;
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      1st Sub. (Green) S.B. 172                                                 02-24-24 5:44 PM
        < addresses vested mining uses;
        < addresses bested critical infrastructure materials operations, including repeal of
 redundant language; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        10-9a-102, as last amended by Laws of Utah 2019, Chapter 384
        17-27a-102, as last amended by Laws of Utah 2022, Chapter 307
        17-41-101, as last amended by Laws of Utah 2023, Chapter 15
        17-41-302, as last amended by Laws of Utah 2023, Chapter 435
        17-41-304, as last amended by Laws of Utah 2023, Chapter 435
        17-41-305, as last amended by Laws of Utah 2019, Chapter 227
        17-41-306, as last amended by Laws of Utah 2019, Chapter 227
        17-41-402, as last amended by Laws of Utah 2019, Chapter 227
        17-41-403, as last amended by Laws of Utah 2019, Chapters 81, 227
        17-41-404, as last amended by Laws of Utah 2019, Chapter 227
        17-41-405, as last amended by Laws of Utah 2023, Chapter 435
        17-41-501, as enacted by Laws of Utah 2009, Chapter 376
        17-41-502, as enacted by Laws of Utah 2009, Chapter 376
        78B-6-1101, as last amended by Laws of Utah 2021, Chapter 207
 ENACTS:
        17-41-701, Utah Code Annotated 1953
        17-41-702, Utah Code Annotated 1953
        17-41-703, Utah Code Annotated 1953
        17-41-704, Utah Code Annotated 1953
 REPEALS:
        10-9a-901, as enacted by Laws of Utah 2019, Chapter 227
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       02-24-24 5:44 PM                                                 1st Sub. (Green) S.B. 172
        10-9a-902, as enacted by Laws of Utah 2019, Chapter 227
        10-9a-903, as enacted by Laws of Utah 2019, Chapter 227
        10-9a-904, as enacted by Laws of Utah 2019, Chapter 227
        10-9a-905, as enacted by Laws of Utah 2019, Chapter 227
        17-27a-1001, as enacted by Laws of Utah 2019, Chapter 227
        17-27a-1002, as enacted by Laws of Utah 2019, Chapter 227
        17-27a-1003, as enacted by Laws of Utah 2019, Chapter 227
        17-27a-1004, as enacted by Laws of Utah 2019, Chapter 227
        17-27a-1005, as enacted by Laws of Utah 2019, Chapter 227
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-9a-102 is amended to read:
        10-9a-102. Purposes -- General land use authority.
        (1) The purposes of this chapter are to:
        (a) provide for the health, safety, and welfare;
        (b) promote the prosperity;
        (c) improve the morals, peace, good order, comfort, convenience, and aesthetics of
 each municipality and each municipality's present and future inhabitants and businesses;
        (d) protect the tax base;
        (e) secure economy in governmental expenditures;
        (f) foster the state's agricultural and other industries;
        (g) protect both urban and nonurban development;
        (h) protect and ensure access to sunlight for solar energy devices;
        (i) provide fundamental fairness in land use regulation;
        (j) facilitate orderly growth and allow growth in a variety of housing types; and
        (k) protect property values.
        (2) To accomplish the purposes of this chapter, a municipality may enact all
 ordinances, resolutions, and rules and may enter into other forms of land use controls and
 development agreements that the municipality considers necessary or appropriate for the use
 and development of land within the municipality, including ordinances, resolutions, rules,
 restrictive covenants, easements, and development agreements governing:
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        1st Sub. (Green) S.B. 172                                                   02-24-24 5:44 PM
        (a) uses;
        (b) density;
        (c) open spaces;
        (d) structures;
        (e) buildings;
        (f) energy efficiency;
        (g) light and air;
        (h) air quality;
        (i) transportation and public or alternative transportation;
        (j) infrastructure;
        (k) street and building orientation;
        (l) width requirements;
        (m) public facilities;
        (n) fundamental fairness in land use regulation; and
        (o) considerations of surrounding land uses to balance the foregoing purposes with a
 landowner's private property interests and associated statutory and constitutional protections.
        (3) (a) Any ordinance, resolution, or rule enacted by a municipality pursuant to its
 authority under this chapter shall comply with the state's exclusive jurisdiction to regulate oil
 and gas activity, as described in Section 40-6-2.5.
        (b) A municipality may enact an ordinance, resolution, or rule that regulates surface
 activity incident to an oil and gas activity if the municipality demonstrates that the regulation:
        (i) is necessary for the purposes of this chapter;
        (ii) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
        (iii) does not interfere with the state's exclusive jurisdiction to regulate oil and gas
 activity, as described in Section 40-6-2.5.
        (4) An ordinance, resolution, or rule enacted by a municipality pursuant to the
 municipality's authority under this chapter shall comply with Title 17, Chapter 41, Agriculture,
 Industrial, or Critical Infrastructure Materials Protection Areas.
        Section 2. Section 17-27a-102 is amended to read:
        17-27a-102. Purposes -- General land use authority -- Limitations.
        (1) (a) The purposes of this chapter are to:
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        02-24-24 5:44 PM                                                  1st Sub. (Green) S.B. 172
        (i) provide for the health, safety, and welfare;
        (ii) promote the prosperity;
        (iii) improve the morals, peace, good order, comfort, convenience, and aesthetics of
 each county and each county's present and future inhabitants and businesses;
        (iv) protect the tax base;
        (v) secure economy in governmental expenditures;
        (vi) foster the state's agricultural and other industries;
        (vii) protect both urban and nonurban development;
        (viii) protect and ensure access to sunlight for solar energy devices;
        (ix) provide fundamental fairness in land use regulation;
        (x) facilitate orderly growth and allow growth in a variety of housing types; and
        (xi) protect property values.
        (b) Subject to Subsection (4) and Section 11-41-103, to accomplish the purposes of this
 chapter, a county may enact all ordinances, resolutions, and rules and may enter into other
 forms of land use controls and development agreements that the county considers necessary or
 appropriate for the use and development of land within the unincorporated area of the county or
 a designated mountainous planning district, including ordinances, resolutions, rules, restrictive
 covenants, easements, and development agreements governing:
        (i) uses;
        (ii) density;
        (iii) open spaces;
        (iv) structures;
        (v) buildings;
        (vi) energy-efficiency;
        (vii) light and air;
        (viii) air quality;
        (ix) transportation and public or alternative transportation;
        (x) infrastructure;
        (xi) street and building orientation and width requirements;
        (xii) public facilities;
        (xiii) fundamental fairness in land use regulation; and
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        1st Sub. (Green) S.B. 172                                                    02-24-24 5:44 PM
        (xiv) considerations of surrounding land uses to balance the foregoing purposes with a
 landowner's private property interests and associated statutory and constitutional protections.
        (2) Each county shall comply with the mandatory provisions of this part before any
 agreement or contract to provide goods, services, or municipal-type services to any storage
 facility or transfer facility for high-level nuclear waste, or greater than class C radioactive
 waste, may be executed or implemented.
        (3) (a) Any ordinance, resolution, or rule enacted by a county pursuant to its authority
 under this chapter shall comply with the state's exclusive jurisdiction to regulate oil and gas
 activity, as described in Section 40-6-2.5.
        (b) A county may enact an ordinance, resolution, or rule that regulates surface activity
 incident to an oil and gas activity if the county demonstrates that the regulation:
        (i) is necessary for the purposes of this chapter;
        (ii) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
        (iii) does not interfere with the state's exclusive jurisdiction to regulate oil and gas
 activity, as described in Section 40-6-2.5.
        (4) (a) This Subsection (4) applies to development agreements entered into on or after
 May 5, 2021.
        (b) A provision in a county development agreement is unenforceable if the provision
 requires an individual or an entity, as a condition for issuing building permits or otherwise
 regulating development activities within an unincorporated area of the county, to initiate a
 process for a municipality to annex the unincorporated area in accordance with Title 10,
 Chapter 2, Part 4, Annexation.
        (c) Subsection (4)(b) does not affect or impair the enforceability of any other provision
 in the development agreement.
        (5) An ordinance, resolution, or rule enacted by a county pursuant to the county's
 authority under this chapter shall comply with Chapter 41, Agriculture, Industrial, or Critical
 Infrastructure Materials Protection Areas.
        Section 3. Section 17-41-101 is amended to read:
        17-41-101. Definitions.
        As used in this chapter:
        (1) "Advisory board" means:
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        02-24-24 5:44 PM                                                    1st Sub. (Green) S.B. 172
        (a) for an agriculture protection area, the agriculture protection area advisory board
 created as provided in Section 17-41-201;
        (b) for an industrial protection area, the industrial protection area advisory board
 created as provided in Section 17-41-201; and
        (c) for a critical infrastructure materials protection area, the critical infrastructure
 materials protection area advisory board created as provided in Section 17-41-201.
        (2) (a) "Agriculture production" means production for commercial purposes of crops,
 livestock, and livestock products.
        (b) "Agriculture production" includes the processing or retail marketing of any crops,
 livestock, and livestock products when more than 50% of the processed or merchandised
 products are produced by the farm operator.
        (3) "Agriculture protection area" means a geographic area created under the authority
 of this chapter that is granted the specific legal protections contained in this chapter.
        (4) "Applicable legislative body" means:
        (a) with respect to a proposed agriculture protection area, industrial protection area, or
 critical infrastructure materials protection area:
        (i) the legislative body of the county in which the land proposed to be included in the
 relevant protection area is located, if the land is within the unincorporated part of the county; or
        (ii) the legislative body of the city or town in which the land proposed to be included in
 the relevant protection area is located; and
        (b) with respect to an existing agriculture protection area, industrial protection area, or
 critical infrastructure materials protection area:
        (i) the legislative body of the county in which the relevant protection area is located, if
 the relevant protection area is within the unincorporated part of the county; or
        (ii) the legislative body of the city or town in which the relevant protection area is
 located.
        (5) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4.
        (6) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
        (7) "Critical infrastructure materials operations" means the extraction, excavation,
 processing, or reprocessing of critical infrastructure materials.
        (8) "Critical infrastructure materials operator" means a natural person, corporation,
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        1st Sub. (Green) S.B. 172                                                    02-24-24 5:44 PM
 association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or
 other organization or representative, either public or private, including a successor, assign,
 affiliate, subsidiary, and related parent company, that:
        (a) owns, controls, or manages a critical infrastructure materials operation; and
        (b) has produced commercial quantities of critical infrastructure materials from the
 critical infrastructure materials operations.
        (9) "Critical infrastructure materials protection area" means a geographic area created
 under the authority of this chapter on or after May 14, 2019, that is granted the specific legal
 protections contained in this chapter.
        (10) "Crops, livestock, and livestock products" includes:
        (a) land devoted to the raising of useful plants and animals with a reasonable
 expectation of profit, including:
        (i) forages and sod crops;
        (ii) grains and feed crops;
        (iii) livestock as defined in Section 59-2-102;
        (iv) trees and fruits; or
        (v) vegetables, nursery, floral, and ornamental stock; or
        (b) land devoted to and meeting the requirements and qualifications for payments or
 other compensation under a crop-land retirement program with an agency of the state or federal
 government.
        (11) "Division" means the Division of Oil, Gas, and Mining created in Section
 40-6-15.
        (12) "Industrial protection area" means a geographic area created under the authority of
 this chapter that is granted the specific legal protections contained in this chapter.
        (13) "Mine operator" means a natural person, corporation, association, partnership,
 receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or
 representative, either public or private, including a successor, assign, affiliate, subsidiary, and
 related parent company, that, [as of] on or before January 1, 2019:
        (a) owns, controls, [or] manages a mining use, or is listed as an owner of a mining use
 in a notice of intention filed under Title 40, Chapter 8, Utah Mined Land Reclamation Act,
 under a large mine permit issued by the division or the board; and
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        02-24-24 5:44 PM                                                    1st Sub. (Green) S.B. 172
        (b) has produced or caused commercial quantities of a mineral deposit to be produced
 from the mining use under the large mine permit.
        (14) "Mineral deposit" means the same as that term is defined in Section 40-8-4.
        (15) "Mining protection area" means land where a vested mining use occurs, has
 occurred, or will occur if the area has not ye