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S.B. 10
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COMMUNITY IMPACT ALLEVIATION -
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DEFINITIONS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Mike Dmitrich
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AN ACT RELATING TO COMMUNITY IMPACT MONIES; AUTHORIZING THE
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COMMUNITY IMPACT BOARD TO DISTRIBUTE MONIES TO ENTITIES FORMED BY
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CERTAIN POLITICAL SUBDIVISIONS VIA THE INTERLOCAL COOPERATION ACT; AND
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MAKING TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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9-4-302, as last amended by Chapter 326, Laws of Utah 1995
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9-4-305, as last amended by Chapter 326, Laws of Utah 1995
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9-4-307, as last amended by Chapter 78, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
9-4-302
is amended to read:
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9-4-302. Definitions.
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As used in this part:
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(1) "Bonus payments" mean that portion of the bonus payments received by the United
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States government under the Leasing Act paid to the state under Section 35 of the Leasing Act,
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together with any interest that had accrued on those payments.
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(2) "Impact board" means the Permanent Community Impact Fund Board created under
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Section
9-4-304
.
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(3) "Impact fund" means the Permanent Community Impact Fund established by this
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chapter.
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(4) "Interlocal Agency" means a legal or administrative entity created by a subdivision or
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combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal Cooperation
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Act.
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[(4)] (5) "Leasing Act" means the Mineral Leasing Act of 1920, 30 U.S.C. Sec. 181 et seq.,
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as amended.
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[(5)] (6) "Subdivision" means any county, city, town, county service area, special service
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district, special improvement district, water conservancy district, water or sewer improvement
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district, housing authority, building authority, school district, or public postsecondary institution
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organized under the laws of this state.
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Section 2.
Section
9-4-305
is amended to read:
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9-4-305. Duties -- Loans -- Interest.
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(1) The impact board shall:
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(a) make, subject to the limitations of the Leasing Act, grants and loans from the amounts
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appropriated by the Legislature out of the impact fund to state agencies [and to], subdivisions, and
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interlocal agencies that are or may be socially or economically impacted, directly or indirectly,
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by mineral resource development for:
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(i) planning;
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(ii) construction and maintenance of public facilities; and
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(iii) provision of public services;
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(b) establish the criteria by which the loans and grants will be made;
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(c) determine the order in which projects will be funded;
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(d) in conjunction with other agencies of the state or of subdivisions or of interlocal
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agencies, conduct studies, investigations, and research into the effects of proposed mineral
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resource development projects upon local communities;
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(e) sue and be sued in accordance with applicable law;
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(f) qualify for, accept, and administer grants, gifts, loans, or other funds from the federal
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government and from other sources, public or private; and
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(g) perform other duties assigned to it under Sections
11-13-29
and
11-13-30
.
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(2) Monies, including all loan repayments and interest, in the impact fund derived from
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bonus payments may be used for any of the purposes set forth in Subsection (1)(a) but may only
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be given in the form of loans to be paid back into the impact fund by the agency [or], subdivision,
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or interlocal agency.
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(3) The average annual return to the impact fund on all bonus monies may not be less than
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one-half of the average interest rate paid by the state on general obligation bonds issued during the
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most recent fiscal year in which bonds were sold.
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(4) (a) "Provision of public services" under Subsection (1)(a) includes contracts with
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public postsecondary institutions to fund research, education, or public service programs that:
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(i) benefit impacted counties or political subdivisions of the counties; and
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(ii) are consistent with the purposes provided in Subsection
59-21-1
(1)(a)(ii).
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(b) Each contract under Subsection (4)(a) shall be:
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(i) based on an application to the impact board from the impacted county; and
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(ii) approved by the county legislative body.
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(c) For purposes of this section, a land use plan is a public service program.
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Section 3.
Section
9-4-307
is amended to read:
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9-4-307. Impact fund administered by impact board -- Eligibility for assistance --
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Review by board -- Administration costs -- Annual report -- Compliance with tax
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commission directives.
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(1) (a) The impact board shall:
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(i) administer the impact fund in a manner [which] that will keep a portion of the impact
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fund revolving [and shall];
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(ii) determine provisions for repayment of loans[.]; and
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(iii) establish criteria for determining eligibility for assistance under this part that are
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consistent with the purposes of Section 35 of the Leasing Act.
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(b) In order to receive assistance under this part, subdivisions and interlocal agencies shall
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submit formal applications [with such] containing the information [as] that the impact board
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[prescribes. The impact board shall establish criteria for determining eligibility for assistance under
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this part which are consistent with the purposes of Section 35 of the Leasing Act] requires.
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(2) In determining eligibility for loans and grants under this part, the impact board shall
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consider the following:
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(a) the subdivision's or interlocal agency's current federal mineral lease production;
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(b) the feasibility of the actual development of a resource [which] that may impact the
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subdivision or interlocal agency directly or indirectly;
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(c) current taxes being paid by the subdivision's or interlocal agency's residents;
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(d) the borrowing capacity of the subdivision or interlocal agency, its ability and
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willingness to sell bonds or other securities in the open market, and its current and authorized
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indebtedness[, except that the impact board may not fund any education project which could
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otherwise have reasonably been funded by a school district through a program of annual budgeting,
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capital budgeting, bonded indebtedness, or special assessments];
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(e) all possible additional sources of state and local revenue, including utility user charges;
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(f) the availability of federal assistance funds;
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(g) probable growth of population due to actual or prospective natural resource
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development in an area;
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(h) existing public facilities and services;
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(i) the extent of the expected direct or indirect impact upon public facilities and services
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of the actual or prospective natural resource development in an area; and
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(j) the extent of industry participation in an impact alleviation plan, either as specified in
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Title 63, Chapter 51, Resource Development, or otherwise.
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(3) The impact board may not fund any education project that could otherwise have
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reasonably been funded by a school district through a program of annual budgeting, capital
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budgeting, bonded indebtedness, or special assessments.
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[(2)] (4) The impact board may restructure all or part of the agency's or subdivision's
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liability to repay loans for extenuating circumstances.
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[(3)] (5) The impact board shall:
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(a) review the proposed [usages] uses of the impact fund for loans or grants [prior to
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approval] before approving them and may condition its approval on [such] whatever assurances
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[as] that the impact board [deems] considers necessary to ensure that the proceeds of the loan or
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grant will be used in accordance with the provisions of the Leasing Act[. Any loan shall specify];
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and
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(b) ensure that each loan specifies the terms for repayment and [shall be] is evidenced by
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general obligation, special assessment, or revenue bonds, notes, or other obligations of the
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appropriate subdivision or interlocal agency issued to the impact board [pursuant to such] under
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whatever authority for the issuance [thereof as may exist] of those bonds, notes, or obligations
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exists at the time of the loan.
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[(4)] (6) The impact board shall allocate from the impact fund to the department those
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funds that are appropriated by the Legislature for the administration of the impact fund, but this
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amount may not exceed 2% of the annual receipts to the impact fund.
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[(5)] (7) The department shall make an annual report to the Legislature concerning the
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number and type of loans and grants made as well as a list of subdivisions [which] and interlocal
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agencies that received this assistance.
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[(6)] (8) Notwithstanding anything to the contrary in this part, [no] the impact board may
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not make a loan or grant [may be made] to any subdivision or interlocal agency that is not in
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compliance [by January 1, 1983,] with the State Tax Commission's directives [of the State Tax
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Commission with respect to] governing factoring.
Legislative Review Note
as of 12-3-99 9:57 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.