A couple of new bills popped up yesterday, nothing major.  They are:

HB233 – County Land Use Amendments – this bill has an ominous title, but really only refers to one county – Summit.  In last year’s bill on Housing and Transit Reinvestment Zones, it was stipulated that Summit County was required to establish one at a specific location.  That didn’t sit well with the good people there, and this bill would repeal that requirement.

SB113 – Local Agricultural Amendments – this bill would prohibit a municipality or a county from adopting or enforcing an ordinance or other regulation that prohibits or effectively prohibits the operation of an animal enterprise or the use of a working animal.  However it does not apply if the ordinance or regulation is a land use regulation.

Yesterday at the League’s Legislative Policy Committee meeting, some more details about Sen. Fillmore’s bill were revealed, as League staff had gleaned them from discussions with the Senator and legislative staff, and from discussions by the Commission on Housing Affordability.  There are several issues that are being addressed in the bill.  Here’s a summary:

Subdivisions

  • Standardize a two-step process: preliminary review and final approval
  • Final approval to be staff administered

Station Area Plans (SAPs)

  • If application is 100% consistent with SAP and zoning, then staff approval only
  • Looking at shot clocks (time limit for approval process)

Internal Accessory Dwelling Units

  • Clarify that units above garages are IADUs
  • Clarify that local governments may not regulate “internal circulation”
  • Considering removing ability of local governments to require additional parking
  • Considering removing ability of local governments to exempt areas of city from having to allow IADUs

Consequences for HB462 non-compliance on moderate income housing plans

  • Withold Class B & C road funds during period of non-compliance

There are some other concepts that are being floated for HB462 compliance, that have not been formally discussed by the Commission on Housing Affordability and the Unified Economic Opportunity Commission.  They are:

  • For affordable housing proposals that take longer than 45 days to be reviewed, development fees would be refunded
  • State mandate to allow affordable housing anywhere in the city
  • State mandated “density bonus” whenever property is upzoned – add another unit per acre
  • Establish a State Housing Appeals Board to review housing proposal denials by cities
  • Payment of a fine to Olene Walker Housing Fund for non-compliant cities

There was also discussion about “Limited Infrastructure Districts (LIDs)” which is something similar to Public Infrastructure Districts that were created by the legislature in 2021.  In this case, the would be entirely private and paid off when properties are sold (lots of other details to these), but they do get access to public finance bond markets, with their lower interest rates.  This proposal has very strong support by legislative leadership, and there is a bill in the works sponsored by Rep. Dunnigan.  The League set up a working group yesterday to engage on this bill and attempt to work out the details.