I’m back, in the saddle again! Lots to update you on new bills that showed up while I was gone. So here goes.
First, let me make you aware of the awaited Land Use Task Force bill that finally showed up. It is HB477 – Land Use Regulation Revisions. However, before you (or I, for that matter) spend much time combing through this bill, I have been notified that this original version bill didn’t get some of the things right that were worked out by the LUTF, so there will be a substitute coming soon. Wait for that before we spend the time and energy to nitpick it. That said, go ahead and take a look to get a sense of the topics the bill addresses.
Okay, here are the other bills.
HB436 – Moderate Income Housing Infrastructure Amendments – this is an interesting bill. It would require that the MIH report specified communities are required to annually include reporting the number of new dwelling units built in the community during that year, and what the percentage increase that is in number of dwelling units. The bill then says that any specified community that achieves a 2.5% or greater percentage increase in dwelling units will receive priority consideration for funding of any new “significant regional transportation project.” This would seem to reward high-growth communities, or communities starting from a small base of number of residential units. Like I said, interesting. Not sure it would really accomplish what is intended, which I think is to incentivize the building of new housing. There is no emphasis on affordability in this bill, just an increase in supply (which many argue helps with affordability).
HB439 – Water Planning Amendments – this bill has to do with the exaction of water rights as part of, usually, a development approval process. The state code currently says that a community may not exact a water right if the community already has the water rights it needs to meet the community’s future expected needs. What this bill does is add the requirement that there must be a plan showing what the community’s future water needs are expected to be. That would require estimating future population and the water equivalence per person it would take to meet that population. This provision is being placed in the LUDMA section on exactions. It also applies to special districts, like a water district. The bill also, under the state water and irrigation code (title 73) directs the state engineer to establish the standards for such plans.
HB457 – Municipal Annexation Amendments – a provision was passed a couple of sessions ago stipulating that most of the unincorporated islands in Salt Lake County would automatically be annexed into the largest adjacent municipality by July 1, 2027. Weber County has been seeking to have a similar provision for itself. This bill doesn’t exactly do that, but for second class counties, it allows the county governing body to adopt a resolution exempting unincorporated islands smaller than 25 acres from the requirements of the annexation code.
SB232 – Regulatory Impacts on Families – this is an unusual bill, but could have a pretty significant impact on local land use administration. The bill would require that before any ordinance or resolution is adopted, the enacting entity must “consider the impact the proposed ordinance may have on family health, stability, and formation.” That would include land use ordinances and regulations, including rezones (as these are usually passed by ordinance). Wow! Not sure how that would be done. I imagine that if this is required, entities will figure out a boiler plate approach, but it will still be an additional thing to be done.
HB470 – Building Inspection Amendments – this is a bill by Rep. Ray Ward, who I have heard talk about how the whole process of applying for a building permit just seems to be so subjective and take so long, adding greatly to the cost of housing. He has a point, as the whole issue of regulatory process has been under scrutiny and reform for housing affordability. This bill kind of emphasizes for me again the way this section of LUDMA is written, which sort of mixes up the building permit process for the building itself, and the rest of the construction/development plans review process, which is mostly about the site. That said, what this bill mainly does is require the local entity to automatically approve a permit application for alteration of an owner-occupied single family dwelling, if the application meets all applicable building codes, is signed off by a qualified combination building inspector, and meets local requirements. So it sounds like there still has to be a review of the application for zoning and land use requirements, so I’m not sure what is really gained by this bill. Hmmm. Again, I wish Rep. Ward would talk to us!
SB245 – Impact Fee Amendments – this bill requires that before an impact fee can be imposed, there must be service area established in which that impact fee is going to be charged, and that the impact fees can only be expended in that specific service area.
SB242 – Transportation Amendments – this bill would make a lot of changes to transportation-related provisions and programs. WFRC is calling this the Transportation Omnibus bill and was still reviewing just what it all does. One of the gems for planners is the designation of and use of funds for the Utah Trails Network. Miranda Jones Cox at WFRC does a great job on these transportation-related bills, see her analysis of this bill here.
Okay, lots of fun stuff happening this session, and more to come!