Here’s the long-promised summary of bills we are following and their status as of this morning, Feb. 12:
H.B. 11 Water Efficient Landscaping Requirements – this bill would limit the kinds of landscaping that could be installed on the grounds of public facilities with the goal of water conservation. The bill has passed the House, is currently awaiting a final vote by the Senate.
H.B. 13 Infrastructure Financing Districts – this bill would allow for the creation of another type of infrastructure district, similar to PIDs but different, without much local government involvement. This has been touted as a way to help with housing affordability. The bill has amended, received a unanimous vote in favor in the House, and is up for hearing in Senate committee this afternoon.
H.B. 65 Active Transportation and Canal Trail Amendments – this bill would essentially enhance the potential for creating trails alongside canals around the state. The bill was substituted and amended in committee, and then was voted to be held by the committee. Not sure what its fate is at this point.
H.B. 135 County Land Use Amendments – this bill would revoke the land use entitlement granted to the Dakota Pacific project in Summit County by last year’s bill (a totally unprecedented action by the legislature). No action has taken place on this bill since it was introduced on the first day of the session.
H.B. 151 Public Lands Amendments – this bill would require an inventory of federal BLM land within or near municipal boundaries, with the intent of showing how such lands could be made available for community use and development. No action on this bill since introduction.
H.B. 175 Impact Fees Amendments – this bill would remove language prohibiting the use of impact fees for fire fighting equipment. No action on this bill since introduction.
H.B. 180 Short-term Rental Amendments – this bill was the result of a working group that met through the interim after last year’s session on this topic, it would create an entirely new section in state code on short-term rentals. There are some amendments to the bill that have been released, but no action taken yet. After all that work, it is interesting that no action has taken place on this bill since introduction. It has not even been assigned to a committee for hearing.
H.B. 188 Building Permit Requirements – this bill would prohibit a local government from making any modifications to a building permit once it has been issued. In the House committee, an amendment was approved to allow for changes agreed to by the applicant, or for changes needed to comply with building or fire codes. The bill passed unanimously in the House, and is now scheduled for a hearing in Senate committee tomorrow morning.
H.B. 195 Land Use Planning Amendments – this bill would require an assessment of the impact on wildlife for any general plan action and for any land use code changes. No action on this bill since introduction, though there is a substitute version of the bill out now that would give the local government some discretion about how extensive to get in its analysis of impact on wildlife. I think even the substitute bill is still a problem because every land use code text amendment or rezone would require some analysis of impact on wildlife.
H.B. 235 Eminent Domain Amendments – this bill would allow the use of eminent domain for the Bonneville Shoreline trail only. No action on this bill since introduction.
H.B. 237 Land Use Authority Amendments – this bill would prohibit a local government from requiring design or aesthetic features on new development unless those features are specified in the community’s land use codes. The bill has been sent to a House committee for hearing, but no time has yet be scheduled for it.
H.B. 243 Riparian Amendments – this bill would require community general plans to include an element on riparian areas. A draft substitute version of the bill was prepared that would have eliminated all the mandatory riparian planning language and instead would have specified that a community general plan may include an environmental element that address a variety of environmental issues. The bill was considered in House committee, and then the committee voted 12-0 to hold the bill. Not sure what it’s fate will be.
H.B. 256 Military Compatible Land Use Amendments – this bill been substituted to say that instead of the State Department of Veteran and Military Affairs having essentially a veto power over newly proposed land use applications within 5,000 feet of a military facility, it now says that the local government must consider the joint compatible use plan in reviewing and approving the application, unless the application has an established a vested right, in which case it can be approved as proposed. The bill has been passed unanimously by both the House and the Senate and is ready for the Governor’s signature.
H.B. 258 Airport Land Use Amendments – this bill would have required local governments to do the same planning around private airports that a bill in last year’s session required for public airports. The bill failed to gain the minimum number of votes needed to pass in the House, and is now dead. Not sure why this happened, other than there may have been resistance from local officials.
H.B. 289 Property Rights Ombudsman Amendments – this bill addresses the existing provisions in state code regarding advisory opinions by the state property rights ombudsman’s office and the ability to collect attorneys fees and penalties if a party to the opinion decides to pursue the matter in court and the decision is the same as the advisory opinion. The League has been strongly opposed to this bill because it impacts sovereign immunity for local governments and some other related issues. The bill was substituted with language the League says is not as bad as the original, but they are still opposed to. The substitute version of the bill then passed the House on a 47-21 vote and now goes to the Senate.
H.B. 306 Residential Housing Amendments – this bill has been the subject of a lot of controversy, discussion, and press attention – see our Feb. 6 posting for more details. A substitute version of the bill has been released, which has not (yet) been adopted, which would drop the minimum lot size language, but keep the wording defining what a “starter home” is, and stipulate that such starter homes would be permitted uses in all “urban municipality” residential zones. Another story in the DesNews continues the rhetoric about the bill, but still misses the point that we think much of the opposition to the bill is because there was no collaborative effort in crafting it. While the bill has been assigned to a committee, it has not been scheduled for a hearing. It will almost surely be a topic of discussion during this year’s interim.
H.B. 280 Water Related Changes – this bill intends to institute a planning process for major water infrastructure much like that which is being done for transportation facilities. It has run into issues with local governments and others because it would institute a new fee or charge to help pay for the building of such new infrastructure. Here’s a story in the DesNews about the bill and what it would do. The bill had changes made to its language in committee, was then voted out favorably by the committee, and now awaits a vote on the House floor.
H.B. 330 Unincorporated Areas Amendments – this bill relates to “forced” annexations of unincorporated areas in Salt Lake County to adjacent cities. The bill has been amended and is awaiting a vote on the House floor.
H.B. 430 Local Government Transportation Services Amendments – this bill would require UTA to expend funds on transit services in each community proportional to the amount of revenue it collects from each given community. The bill was on a House committee agenda on Feb. 9, but was not considered. It is on the agenda again for this afternoon.
H.B. 434 Station Area Plan Amendments – would require an MPO to review a local station area plant, but defer. Not sure what this would accomplish. No action has been taken on this bill.
H.B. 465 Housing Affordability Revisions – see Feb. 5 posting for description. The bill is up for committee hearing tomorrow morning.
H.B. 476 Municipal Land Use Regulation Modifications – see Feb. 5 posting for description. The bill is also up for committee hearing tomorrow morning.
H.B. 502 Critical Infrastructure and Mining – See Feb. 8 posting for description. No actions on this bill at this point.
H.B. 524 Water Interests Study – would require the state engineer to study if water rights associated with property where residential development has taken place can and are being sold off separately, leaving the residential uses without water rights, and to issue a report. No action yet on this bill.
S.B. 13 Education Entity Amendments – would establish new categories of schools, microschools and home-based schools, and would give them the same land use provisions as apply to charter schools. The bill has been approved by the Senate and is headed for the House.
S.B. 28 Scenic Byway Program Amendments – see Feb. 8 posting for details about this bill, it seems to be seesawing back and forth over the commission and legislature approval requirements. The bill is awaiting a vote by the full Senate.
S.B. 118 Water Efficiency Amendments – this bill would make a number of changes to the program to provide incentives for homeowners to install water-wise landscaping, mainly by allowing the program to apply to building contractors for the initial installation of landscaping for a new home. See the substituted version of the bill for details. The bill is awaiting a vote by the full Senate.
S.B. 168 Affordable Building Amendments – much of this bill has to do with modifying building and inspection regulations to allow for construction and placement of modular housing. This bill has enjoyed broad support. Here’s a DesNews story about it. The bill is awaiting a vote by the full Senate.
S.B. 172 Protection Areas Revisions – the first gravel pits-related bill, see the Feb. 5 posting for details on this bill. It is still with the Rules committee, not sure of its future.
S.B. 185 Residential Building Inspection Amendments – this bill would allow an agency, regulator (city or county), or permit holder(!) to hire a third-party licensed inspector, and require that those inspection reports be accepted by the permit issuer. The bill is scheduled for committee hearing this afternoon.
S.B. 208 Housing and Transit Reinvestment Zone Amendments – this update from Miranda at WFRC – This bill makes changes to the HTRZ statute, notably increasing requirements for affordable housing in an HTRZ (from 10% to 12%), clarifying eligible stations for an HTRZ, enhancing the “but for” financial analysis, and addressing tax administration issues from the tax commission and local assessors. Senator Harper has indicated that he is still considering potential further modifications to the bill. The bill is up for committee hearing this afternoon.
