2008 Legislative Summary

1. 2008 Legislative Summary Utah APA Luncheon West Valley City March 10, 2008

2. PLANNING BILLS

3. HB40 – Safe Drinking Water Revisions • 1st and 2nd class counties only • Regulate 100 ft. around well, and in zone of 250-day time of groundwater travel • Water supplier can seek enforcement independently • County required to adopt by May 3, 2010 • Applies inside cities and towns • City, town may adopt own ordinance and supersede county

4. HB48 – Mobile Home Owners’ Rights • Requires 9 moths notice before lease may be terminated or forced to vacate because of a change in land use or condemnation • Rent may not be increased during this time • Local entities may not enact ordinances governing closure of mobile home parks

5. HB153 – Impact Fee Amendments • Includes private water providers • All areas, not just 1st & 2nd class counties, to provide notice • List of entities to be notified now includes Home Builders, Realtors, Contractors • Must provide written analysis, required summary, ordinance at least 14 days prior to meeting for adoption • 90 day wait period after adoption

6. HB164 – Town Incorporation Process Amendments • Modifies process of incorporating town from bill passed last year • Makes it much more difficult for a single large landowner to incorporate an area, including some existing residents

7. HB177 – County and Municipal Land Use Regulation of Potential Geologic Hazard Areas • Authorizes regulation in identified flood plains and geologic hazard areas • Defines areas as those mapped, or very similar conditions to mapped areas • Establishes 3-person appeal panel for disputes

8. HB184 – Construction Amendments • Requires printing of standardized building permit number in upper right hand corner of all permits in at least 12-point type

9. HB216 – Annexation Revisions • Has to do with annexation issues around new St. George airport

10. HB221 – Agriculture and Industrial Protection Area Amendments • Requires consideration of ag protection areas in land use elements, avoidance of uses inconsistent or detrimental to ag • Cannot charge fee for petition by owner to remove land from protection areas • Requires strong consideration of alternative transportation corridor locations so as not to impact ag protection areas

11. HB290 – Municipal Oversight of Rental Dwellings • Prohibits municipalities from charging fees to inspect existing rental dwellings • Prohibits municipalities from requiring retrofits to rental dwellings other than what is required by UBC

12. HB323 – Eminent Domain Amendments • Clarifies that a park or space whose primary purpose is for use as a trail cannot be acquired through eminent domain • Had originally also included paths, lanes, ways for emergency access

13. HB464 – Access to Landlocked Parcels • Includes as one of the responsiblities of the property rights ombudsman the advising of owners of landlocked parcels • Bill originally would have prohibited the approval of subdivisions creating landlocked parcels without owner’s consent or compensation

14. SB53 – Use of Initiative and Referendum for AdministrativeLand Use and Zoning Matters • Prohibits initiatives for land use ordinances • Clarifies that implementation of land use ordinances (administrative matters) are not subject to referendum

15. SB177 – Local Government Disposal of Real Property Acquired by Exaction • Extends from 5 to 15 years time allowed to make use of property acquired by exaction

16. SB196 – County and Municipal Land Use Amendments • Should be called the Subdivision Improvements Warranty Act • Includes “subdivision plat” with land use permit for which no additional items beyond what is in the written approval can be required • Applicant may request acceptance of installed improvements, entity has 15 days to respond

17. SB196, continued • Applicant may request acceptance at end of warranty period, entity to respond in 45 days • Exception for winter weather • Must establish objective inspection standards • Warranty period can only be 1 year • Exceptions to allow up to 2 years • Protect public health, safety welfare • Prior poor performance of applicant • Area of unstable soils • Extreme climatic fluctuations

18. SB208 – Transportation Corridor Preservation Amendments • UDOT to designate high priority transportation corridors • UDOT to notify local entities • UDOT able to acquire rights-of-way (no eminent domain, however) • Local entity to notify UDOT when development application received • Notification to be certified or registered mail

19. SB208, continued • For building permit application, must wait 30 days • For other land use application, must wait 45 days • After waiting period, cannot deny development solely because of corridor

20. SB264 – Development Around Military Installations • Technical modifications to last year’s bill creating MIDA • In essence, a super-RDA with some additional powers relating to development on federal land

21. SB286 – Transportation and Transit Amendments • Transit district not required to conform to land use ordinances in a municipality in a county of the first class for constructing facilities or structures for a rail fixed guideway that extends across two or more counties

22. FUNDING MEASURES • LeRay McAllister Critical Land Conservation Fund • GOPB Planning Grants Program • HB104 – Urban Trails Appropriation • $250,000 to Urban Trails Program • $250,000 to Bonneville Shoreline Trail Program • Transportation Corridor Preservation • Several measures to increase funding

23. FAILED BILLS • HB115 – Appropriation for a Utah Lake Transportation Study • HB124 – Changes to Municipal Annexation Provisions • HB147 – Restrictions of Regulation of Automotive Collection Activities • HB197 – Residential Mortgage Loan Closing Act • HB293 – Private Building Inspector Authorized

24. FAILED BILLS • HB340 – Municipal Annexation Amendments • HB454 – Regulation of Riparian Overlay Zones • HB481 – Subdivision Approval Amendments • SB86 – Economic Analysis and Reporting of Cost of Land Use Regulation • SB51 – Impact Fees – Public Safety Facility • SB279 – Water and Land Use Development