Enrolled Copy S.B. 95
1 ECONOMIC DEVELOPMENT AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott D. Sandall
5 House Sponsor: Carl R. Albrecht
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to economic development.
10 Highlighted Provisions:
11 This bill:
12 < defines terms, including "rural county";
13 < creates the Rural County Grant Program (grant program);
14 < describes the requirements for a rural county to apply for a grant under the grant
15 program;
16 < requires each rural county that seeks to participate in the grant program to create a
17 County Economic Development Advisory Board (CED board) and describes the
18 membership and duties of a CED board;
19 < describes the requirements of the Governor's Rural Partnership Board and the Office
20 of Rural Development in administering the grant program;
21 < moves the provisions of the Recycling Market Development Zone Act from the
22 Governor's Office of Economic Development (GOED) to the Department of
23 Environmental Quality;
24 < repeals provisions of the Utah Science Technology and Research Governing
25 Authority Act;
26 < creates the Rural Speculative Industrial Building Program within GOED;
27 < modifies provisions related to certain GOED administered economic development
28 programs;
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29 < repeals provisions related to certain GOED administered economic development
30 programs, which has the effect of ending those programs; and
31 < makes technical changes.
32 Money Appropriated in this Bill:
33 This bill appropriates in fiscal year 2020:
34 < to the General Fund, as a one-time appropriation:
35 C from Nonlapsing Balances -- USTAR -- Support Programs, $1,436,200;
36 < to the General Fund, as a one-time appropriation:
37 C from Nonlapsing Balances -- USTAR -- Grant Programs, $1,765,200;
38 < to the Utah Science Technology and Research Governing Authority -- USTAR
39 Administration, as a one-time appropriation:
40 C from the General Fund, ($1,512,500); and
41 < to the General Fund Restricted -- Workforce Development Restricted Account, as a
42 one-time appropriation:
43 C from the General Fund, ($11,931,000).
44 This bill appropriates in fiscal year 2021:
45 < to the Utah Science Technology and Research Governing Authority -- USTAR
46 Administration, as an ongoing appropriation:
47 C from the General Fund, ($1,788,400);
48 < to the Utah Science Technology and Research Governing Authority -- Support
49 Programs, as an ongoing appropriation:
50 C from the General Fund, ($31,600);
51 < to the General Fund Restricted -- Workforce Development Restricted Account, as
52 an ongoing appropriation:
53 C from the General Fund, ($14,636,900);
54 < to the Governor's Office of Economic Development -- Rural County Grant Program,
55 as an ongoing appropriation:
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56 C from the General Fund, $4,600,000;
57 < to the Governor's Office of Economic Development -- Rural County Grants
58 Program, as a one-time appropriation:
59 C from the General Fund, $3,400,000;
60 < to the Governor's Office of Economic Development -- Rural Coworking and
61 Innovation Center Grant Program, as an ongoing appropriation:
62 C from the General Fund, $250,000;
63 < to the Governor's Office of Economic Development -- Rural Coworking and
64 Innovation Center Grant Program, as a one-time appropriation:
65 C from the General Fund, $2,000,000;
66 < to the Governor's Office of Economic Development -- Business Development --
67 Rural Speculative Industrial Building Program, as an ongoing appropriation:
68 C from the General Fund, $250,000;
69 < to the Governor's Office of Economic Development -- Pass-through, as an ongoing
70 appropriation:
71 C from the General Fund, ($385,600); and
72 C from Dedicated Credits Revenue, ($16,100); and
73 < to the Governor's Office of Economic Development -- SBIR/STTR Center, as an
74 ongoing appropriation:
75 C from the General Fund, $385,600; and
76 C from Dedicated Credits Revenue, $16,100.
77 Other Special Clauses:
78 This bill provides retrospective operation.
79 This bill provides a special effective date.
80 This bill provides coordination clauses.
81 Utah Code Sections Affected:
82 AMENDS:
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83 53B-17-1101, as enacted by Laws of Utah 2018, Chapter 453
84 53B-18-1601, as enacted by Laws of Utah 2018, Chapter 453
85 59-7-610, as last amended by Laws of Utah 2019, Chapter 247
86 59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
87 63A-3-110, as last amended by Laws of Utah 2019, Chapter 211
88 63A-5-305, as last amended by Laws of Utah 2016, Chapter 240
89 63C-10-103, as last amended by Laws of Utah 2018, Chapter 204
90 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
91 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
92 246
93 63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
94 63N-1-501, as renumbered and amended by Laws of Utah 2015, Chapter 283
95 63N-2-203, as last amended by Laws of Utah 2017, Chapter 252
96 63N-2-204, as last amended by Laws of Utah 2016, Chapter 11
97 63N-2-208, as renumbered and amended by Laws of Utah 2015, Chapter 283
98 63N-2-213, as last amended by Laws of Utah 2019, Chapter 247
99 63N-4-104, as renumbered and amended by Laws of Utah 2015, Chapter 283
100 67-19-15, as last amended by Laws of Utah 2018, Chapters 39 and 415
101 ENACTS:
102 17-54-101, Utah Code Annotated 1953
103 17-54-102, Utah Code Annotated 1953
104 17-54-103, Utah Code Annotated 1953
105 17-54-104, Utah Code Annotated 1953
106 63N-4-701, Utah Code Annotated 1953
107 63N-4-702, Utah Code Annotated 1953
108 63N-4-703, Utah Code Annotated 1953
109 63N-4-704, Utah Code Annotated 1953
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110 RENUMBERS AND AMENDS:
111 19-13-101, (Renumbered from 63N-2-401, as renumbered and amended by Laws of
112 Utah 2015, Chapter 283)
113 19-13-102, (Renumbered from 63N-2-402, as last amended by Laws of Utah 2015,
114 Chapter 30 and renumbered and amended by Laws of Utah 2015, Chapter 283)
115 19-13-103, (Renumbered from 63N-2-403, as renumbered and amended by Laws of
116 Utah 2015, Chapter 283)
117 19-13-104, (Renumbered from 63N-2-404, as renumbered and amended by Laws of
118 Utah 2015, Chapter 283)
119 19-13-105, (Renumbered from 63N-2-405, as renumbered and amended by Laws of
120 Utah 2015, Chapter 283)
121 19-13-106, (Renumbered from 63N-2-406, as renumbered and amended by Laws of
122 Utah 2015, Chapter 283)
123 19-13-107, (Renumbered from 63N-2-407, as renumbered and amended by Laws of
124 Utah 2015, Chapter 283)
125 19-13-108, (Renumbered from 63N-2-408, as renumbered and amended by Laws of
126 Utah 2015, Chapter 283)
127 19-13-109, (Renumbered from 63N-2-409, as renumbered and amended by Laws of
128 Utah 2015, Chapter 283)
129 19-13-110, (Renumbered from 63N-2-410, as renumbered and amended by Laws of
130 Utah 2015, Chapter 283)
131 19-13-111, (Renumbered from 63N-2-411, as renumbered and amended by Laws of
132 Utah 2015, Chapter 283)
133 REPEALS:
134 13-1-14, as last amended by Laws of Utah 2019, Chapter 352
135 59-7-614.11, as enacted by Laws of Utah 2017, Chapter 252
136 59-10-1039, as enacted by Laws of Utah 2017, Chapter 252
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137 63M-2-101, as last amended by Laws of Utah 2015, Chapter 283
138 63M-2-102, as last amended by Laws of Utah 2019, Chapter 352
139 63M-2-301, as last amended by Laws of Utah 2019, Chapters 246 and 352
140 63M-2-302, as last amended by Laws of Utah 2019, Chapter 352
141 63M-2-302.5, as last amended by Laws of Utah 2019, Chapter 352
142 63M-2-304, as last amended by Laws of Utah 2019, Chapter 352
143 63M-2-501, as enacted by Laws of Utah 2016, Chapter 240
144 63M-2-502, as last amended by Laws of Utah 2019, Chapter 352
145 63M-2-503, as last amended by Laws of Utah 2019, Chapter 352
146 63M-2-504, as last amended by Laws of Utah 2019, Chapter 352
147 63M-2-601, as enacted by Laws of Utah 2016, Chapter 240
148 63M-2-602, as last amended by Laws of Utah 2018, Chapter 453
149 63M-2-701, as enacted by Laws of Utah 2016, Chapter 240
150 63M-2-703, as last amended by Laws of Utah 2019, Chapter 352
151 63M-2-801, as enacted by Laws of Utah 2016, Chapter 240
152 63M-2-802, as last amended by Laws of Utah 2019, Chapter 352
153 63M-2-803, as last amended by Laws of Utah 2019, Chapter 352
154 63N-2-213.5, as enacted by Laws of Utah 2017, Chapter 252
155 63N-3-104, as last amended by Laws of Utah 2019, Chapter 499
156 63N-3-104.5, as last amended by Laws of Utah 2019, Chapter 499
157 Utah Code Sections Affected by Coordination Clause:
158 59-7-610, as last amended by Laws of Utah 2019, Chapter 247
159 59-10-1007, as last amended by Laws of Utah 2019, Chapter 247
160 63I-1-263, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
161 469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
162 246
163
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164 Be it enacted by the Legislature of the state of Utah:
165 Section 1. Section 17-54-101 is enacted to read:
166 CHAPTER 54. RURAL COUNTY GRANT PROGRAM
167 17-54-101. Title.
168 This chapter is known as the "Rural County Grant Program."
169 Section 2. Section 17-54-102 is enacted to read:
170 17-54-102. Definitions.
171 (1) "CED board" means a County Economic Development Advisory Board as
172 described in Section 17-54-104.
173 (2) "Grant" means a grant available under the Rural County Grant Program created in
174 Section 17-54-103.
175 (3) "Grant program" means the Rural County Grant Program created in Section
176 17-54-103.
177 (4) "Office of Rural Development" means the Office of Rural Development created
178 within the Governor's Office of Economic Development in Section 63N-4-102.
179 (5) "Rural county" means a county of the third, fourth, fifth, or sixth class.
180 (6) "Rural partnership board" means the Governor's Rural Partnership Board created in
181 Section 63C-10-102.
182 Section 3. Section 17-54-103 is enacted to read:
183 17-54-103. Rural County Grant Program.
184 (1) There is created the Rural County Grant Program.
185 (2) The grant program shall be overseen by the rural partnership board and
186 administered by the Office of Rural Development.
187 (3) (a) In overseeing the grant program, the rural partnership board shall recommend
188 the awarding of grants to rural counties to address the economic development needs of rural
189 counties, in accordance with the provisions of this chapter, which needs may include:
190 (i) business recruitment, development, and expansion;
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191 (ii) workforce training and development; and
192 (iii) infrastructure, industrial building development, and capital facilities improvements
193 for business development.
194 (b) After reviewing the recommendations of the rural partnership board, the executive
195 director of the Governor's Office of Economic Development shall award grants to rural
196 counties in accordance with the provisions of this chapter.
197 (4) Subject to appropriations from the Legislature and subject to the reporting and
198 other requirements of this chapter, grant money shall be distributed:
199 (a) equally between all rural counties that have created a CED board, in an amount up
200 to and including $200,000 annually per county; and
201 (b) for grant money that is available after $200,000 has been provided annually to each
202 eligible rural county, through the process described in Subsection (6).
203 (5) Beginning in 2021, a rural county may not receive an additional grant under this
204 chapter unless the rural county:
205 (a) demonstrates a funding match, which may include a funding match provided by any
206 combination of a community reinvestment agency, redevelopment agency, community
207 development and renewal agency, private-sector entity, nonprofit entity, federal matching
208 grant, county or municipality general fund match, or in-kind match, and that totals:
209 (i) a 10% match for a county of the sixth class;
210 (ii) a 20% match for a county of the fifth class;
211 (iii) a 30% match for a county of the fourth class; and
212 (iv) a 40% match for a county of the third class; and
213 (b) has complied with the reporting requirements required by the rural partnership
214 board and the reporting requirements described in Subsection (9) for all previous years that the
215 county has received a grant.
216 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
217 Office of Rural Development in collaboration with the rural partnership board shall make rules
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218 establishing the eligibility and reporting criteria for a rural county to receive grant money under
219 Subsection (4)(b), including:
220 (a) the form and process for a county to submit an application to the rural partnership
221 board for a grant;
222 (b) the method of scoring and prioritizing grant program applications from rural
223 counties;
224 (c) the reporting, auditing, and post-performance requirements for a rural county that
225 receives grant money; and
226 (d) any deadlines that shall be met by a rural county when applying for a grant.
227 (7) In determining the award of grant money under Subsection (4)(b), the rural
228 partnership board may not recommend the awarding of more than $800,000 annually to a rural
229 county.
230 (8) In determining the recommended award of grant money under Subsection (4)(b),
231 the rural partnership board may prioritize applications that demonstrate any combination of the
232 following:
233 (a) that the county has or is actively pursuing the creation of an effective strategic
234 economic development plan;
235 (b) consistency with local economic development priorities;
236 (c) economic need;
237 (d) utilization of local financial or in-kind resources in combination with a grant;
238 (e) evidence that jobs will be created; and
239 (f) evidence that there will be a positive return on investment.
240 (9) On or before September 1 of each year, a county that has received a grant under this
241 chapter in the previous 12 months shall provide a written report to the rural partnership board
242 that describes:
243 (a) the amount of grant money the county has received;
244 (b) how grant money has been distributed by the county, including what companies or
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245 entities have utilized grant money, how much grant money each company or entity has
246 received, and how each company or entity has used the money;
247 (c) an evaluation of the effectiveness of awarded grants in improving economic
248 development in the county, including the number of jobs created, infrastructure that has been
249 created, and capital improvements in the county;
250 (d) how much matching money has been utilized by the county and what entities have
251 provided the matching money; and
252 (e) any other reporting, auditing, or post-performance requirements established by the
253 Office of Rural Development in collaboration with the rural partnership board under
254 Subsection (6).
255