4th Sub. H.B. 21
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Cipriano 6
6 03-02-23 3:44 PM 6
H.B. 21
4th Sub. (Green)
Senator Jacob L. Anderegg proposes the following substitute bill:
1 OPEN AND PUBLIC MEETINGS ACT AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Joel K. Briscoe
5 Senate Sponsor: Jacob L. Anderegg
6
7LONG TITLE
8General Description:
9 This bill modifies the Open and Public Meetings Act relating to an electronic meeting.
10Highlighted Provisions:
11 This bill:
12 <permits a public body of a local district or special service district to convene and
13conduct an electronic meeting in certain circumstances; and
14 <makes technical and conforming changes.
15Money Appropriated in this Bill:
16 None
17Other Special Clauses:
18 None
19Utah Code Sections Affected:
20AMENDS:
21 11-59-204, as last amended by Laws of Utah 2021, Chapter 415
22 17B-1-302, as last amended by Laws of Utah 2022, Chapter 381
23 17D-1-102, as last amended by Laws of Utah 2014, Chapter 377
24 17D-1-304, as last amended by Laws of Utah 2014, Chapter 377
25 52-4-202, as last amended by Laws of Utah 2021, Chapters 84, 345
*HB0021S04* 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 2 -
26 52-4-207, as last amended by Laws of Utah 2022, Chapters 24, 402
27 63H-1-202, as last amended by Laws of Utah 2022, Chapters 274, 463
28ENACTS:
29 17D-1-307, Utah Code Annotated 1953
30
31Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 11-59-204 is amended to read:
33 11-59-204. Applicability of other law -- Coordination with municipality.
34 (1) The authority and the point of the mountain state land are not subject to:
35 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
36 (b) the jurisdiction of a local district under Title 17B, Limited Purpose Local
37Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1,
38Special Service District Act, except to the extent that:
39 (i) some or all of the point of the mountain state land is, on May 8, 2018, included
40within the boundary of a local district or special service district; and
41 (ii) the authority elects to receive service from the local district or special service
42district for the point of the mountain state land that is included within the boundary of the local
43district or special service district, respectively.
44 (2) In formulating and implementing a development plan for the point of the mountain
45state land, the authority shall consult with officials of the municipality within which the point
46of the mountain state land is located on planning and zoning matters.
47 (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
4863E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
49by Title 63E, Independent Entities Code.
50 (4) Nothing in this chapter may be construed to remove the point of the mountain state
51land from the service area of the municipality in which the point of the mountain state land is
52located, for purposes of water, sewer, and other similar municipal services currently being
53provided.
54 (5) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act,
55except that for an electronic meeting of the authority board that otherwise complies with
56Section 52-4-207, the authority board: 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 3 -
57 (a) is not required to establish an anchor location; and
58 (b) may convene and conduct the meeting without the [written] determination
59otherwise required under [Subsection 52-4-207(4)] Subsection 52-4-207(5)(a)(i).
60 Section 2. Section 17B-1-302 is amended to read:
61 17B-1-302. Board member qualifications -- Number of board members.
62 (1) Except as provided in Section 17B-2a-905, each member of a local district board of
63trustees shall be:
64 (a) a registered voter at the location of the member's residence; and
65 (b) except as otherwise provided in Subsection (2) or (3), a resident within:
66 (i) the boundaries of the local district; and
67 (ii) if applicable, the boundaries of the division of the local district from which the
68member is elected or appointed.
69 (2) (a) As used in this Subsection (2):
70 (i) "Proportional number" means the number of members of a board of trustees that
71bears, as close as mathematically possible, the same proportion to all members of the board that
72the number of seasonally occupied homes bears to all residences within the district that receive
73service from the district.
74 (ii) "Seasonally occupied home" means a single-family residence:
75 (A) that is located within the local district;
76 (B) that receives service from the local district; and
77 (C) [whose owner does not reside permanently at the residence but may occupy the
78residence on a temporary or seasonal basis] whose owner occupies the residence on a
79temporary or seasonal basis, rather than as the principal place of residence as defined in Section
8020A-2-105.
81 (b) If over 50% of the residences within a local district that receive service from the
82local district are seasonally occupied homes, the requirement under Subsection (1)(b) is
83replaced, for a proportional number of members of the board of trustees, with the requirement
84that the member be an owner of land, or an agent or officer of the owner of land[, that]:
85 (i) that receives, or intends to receive, service from the district; and
86 (ii) that is located within the local district and, if applicable, the division from which
87the member is elected. 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 4 -
88 (3) (a) For a board of trustees member in a basic local district, or in any other type of
89local district that is located solely within a county of the fourth, fifth, or sixth class, that has
90within the district's boundaries fewer than one residential dwelling unit per 10 acres of land, the
91requirement under Subsection (1)(b) may be replaced by the requirement that the member be:
92 (i) a resident within the boundaries of the local district[, or that the member ]; or
93 (ii) [be] an owner of land, or an agent or officer of the owner of land, within the local
94district that receives, or intends to receive, service from the district [or an agent or officer of the
95owner].
96 (b) A member of the board of trustees of a service area described in Subsection
9717B-2a-905(2)(a) or (3)(a), who is an elected official of the county appointing the individual, is
98not subject to the requirements described in Subsection (1)(b) if the elected official was elected
99at large by the voters of the county.
100 (c) Notwithstanding Subsection (1)(b) and except as provided in Subsection (3)(d), the
101county legislative body may appoint to the local district board one of the county legislative
102body's own members, regardless of whether the member resides within the boundaries
103described in Subsection (1)(b), if:
104 (i) the county legislative body satisfies the procedures to fill a vacancy described in:
105 (A) for the appointment of a new board member, Subsections 17B-1-304(2) and (3); or
106 (B) for an appointment to fill a midterm vacancy, Subsection 20A-1-512(1)(a)(ii) or
107Subsection 20A-1-512(2);
108 (ii) fewer qualified candidates timely file to be considered for appointment to the local
109district board than are necessary to fill the board;
110 (iii) the county legislative body appoints each of the qualified candidates who timely
111filed to be considered for appointment to the board; and
112 (iv) the county legislative body appoints a member of the body to the local district
113board, in accordance with Subsection 17B-1-304(6) or Subsection 20A-1-512(1)(c), who was:
114 (A) elected at large by the voters of the county;
115 (B) elected from a division of the county that includes more than 50% of the
116geographic area of the local district; or
117 (C) if the local district is divided into divisions under Section 17B-1-306.5, elected
118from a division of the county that includes more than 50% of the geographic area of the 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 5 -
119division of the local district in which there is a board vacancy.
120 (d) If it is necessary to reconstitute the board of trustees of a local district located solely
121within a county of the fourth, fifth, or sixth class because the term of a majority of the members
122of the board has expired without new trustees having been elected or appointed as required by
123law, even if sufficient qualified candidates timely file to be considered for a vacancy on the
124board, the county legislative body may appoint to the local district board no more than one of
125the county legislative body's own members who does not satisfy the requirements of
126Subsection (1).
127 (4) (a) Except as otherwise provided by statute, the number of members of each board
128of trustees of a local district that has nine or fewer members shall have an odd number of
129members that is no fewer than three.
130 (b) If a board of trustees of a local district has more than nine members, the number of
131members may be odd or even.
132 (5) For a newly created local district, the number of members of the initial board of
133trustees shall be the number specified:
134 (a) for a local district whose creation was initiated by a petition under Subsection
13517B-1-203(1)(a), (b), or (c), in the petition; or
136 (b) for a local district whose creation was initiated by a resolution under Subsection
13717B-1-203(1)(d) or (e), in the resolution.
138 (6) (a) For an existing local district, the number of members of the board of trustees
139may be changed by a two-thirds vote of the board of trustees.
140 (b) No change in the number of members of a board of trustees under Subsection (6)(a)
141may:
142 (i) violate Subsection (4); or
143 (ii) serve to shorten the term of any member of the board.
144 Section 3. Section 17D-1-102 is amended to read:
145 17D-1-102. Definitions.
146 As used in this chapter:
147 (1) "Adequate protests" means written protests timely filed by:
148 (a) the owners of private real property that:
149 (i) is located within the applicable area; 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 6 -
150 (ii) covers at least 25% of the total private land area within the applicable area; and
151 (iii) is equal in value to at least 15% of the value of all private real property within the
152applicable area; or
153 (b) registered voters residing within the applicable area equal in number to at least 25%
154of the number of votes cast in the applicable area for the office of president of the United States
155at the most recent election prior to the adoption of the resolution or filing of the petition.
156 (2) "Applicable area" means:
157 (a) for a proposal to create a special service district, the area included within the
158proposed special service district;
159 (b) for a proposal to annex an area to an existing special service district, the area
160proposed to be annexed;
161 (c) for a proposal to add a service to the service or services provided by a special
162service district, the area included within the special service district; and
163 (d) for a proposal to consolidate special service districts, the area included within each
164special service district proposed to be consolidated.
165 (3) "Facility" or "facilities" includes any structure, building, system, land, water right,
166water, or other real or personal property required to provide a service that a special service
167district is authorized to provide, including any related or appurtenant easement or right-of-way,
168improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing.
169 (4) "General obligation bond":
170 (a) means a bond that is directly payable from and secured by ad valorem property
171taxes that are:
172 (i) levied:
173 (A) by the county or municipality that created the special service district that issues the
174bond; and
175 (B) on taxable property within the special service district; and
176 (ii) in excess of the ad valorem property taxes for the current fiscal year; and
177 (b) does not include:
178 (i) a short-term bond;
179 (ii) a tax and revenue anticipation bond; or
180 (iii) a special assessment bond. 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 7 -
181 (5) "Governing body" means:
182 (a) the legislative body of the county or municipality that creates the special service
183district, to the extent that the county or municipal legislative body has not delegated authority
184to an administrative control board created under Section 17D-1-301; or
185 (b) the administrative control board of the special service district, to the extent that the
186county or municipal legislative body has delegated authority to an administrative control board
187created under Section 17D-1-301.
188 (6) "Guaranteed bonds" means bonds:
189 (a) issued by a special service district; and
190 (b) the debt service of which is guaranteed by one or more taxpayers owning property
191within the special service district.
192 (7) "Local district" has the same meaning as defined in Section 17B-1-102.
193 (8) "Revenue bond":
194 (a) means a bond payable from designated taxes or other revenues other than the ad
195valorem property taxes of the county or municipality that created the special service district;
196and
197 (b) does not include:
198 (i) an obligation constituting an indebtedness within the meaning of an applicable
199constitutional or statutory debt limit;
200 (ii) a tax and revenue anticipation bond; or
201 (iii) a special assessment bond.
202 (9) "Seasonally occupied home" means a single-family residence:
203 (a) that is located within the special service district;
204 (b) that receives service from the special service district; and
205 (c) whose owner occupies the residence on a temporary or seasonal basis, rather than as
206the principal place of residence as defined in Section 20A-2-105.
207 [(9)] (10) "Special assessment" means an assessment levied against property to pay all
208or a portion of the costs of making improvements that benefit the property.
209 [(10)] (11) "Special assessment bond" means a bond payable from special assessments.
210 [(11)] (12) "Special service district" means a limited purpose local government entity,
211as described in Section 17D-1-103, that: 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 8 -
212 (a) is created under authority of the Utah Constitution Article XI, Section 7; and
213 (b) operates under, is subject to, and has the powers set forth in this chapter.
214 [(12)] (13) "Tax and revenue anticipation bond" means a bond:
215 (a) issued in anticipation of the collection of taxes or other revenues or a combination
216of taxes and other revenues; and
217 (b) that matures within the same fiscal year as the fiscal year in which the bond is
218issued.
219 Section 4. Section 17D-1-304 is amended to read:
220 17D-1-304. Qualifications of administrative control board members -- Term of
221office.
222 (1) (a) Except as provided in Subsection (1)(b), each member of an administrative
223control board shall be:
224 (i) a registered voter within the special service district;
225 (ii) an officer or employee of the county or municipality that created the special service
226district; or
227 (iii) [if over 50% of the residences within a special service district are seasonally
228occupied homes, as defined in Section 17B-1-302, an owner of land, or an agent or officer of
229an owner of land, that receives services from the special service district and is located within
230the special service district, provided that the number of members appointed under this
231Subsection (1)(a)(iii) comprises less than a quorum of the board.] an owner of land, or an agent
232or officer of the owner of land, located within the special service district that receives, or
233intends to receive, service from the special service district, if:
234 (A) at least 60% of the residences within the special service district are seasonally
235occupied homes; or
236 (B) more than 50%, but less than 60%, of the residences within the special service
237district are seasonally occupied homes, if the number of members appointed under this
238Subsection (1)(a)(iii)(B) comprises less than a quorum of the board.
239 (b) Subsection (1)(a) does not apply if:
240 (i) at least 90% of the owners of real property within the special service district are not
241registered voters within the special service district; or
242 (ii) the member is appointed under Subsection 17D-1-303(3) or (4). 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 9 -
243 (2) (a) Except as provided in Subsection (2)(b), the term of each member of an
244administrative control board is four years.
245 (b) The term of as close as possible to half of the initial members of an administrative
246control board, chosen by lot, is two years.
247 Section 5. Section 17D-1-307 is enacted to read:
248 17D-1-307. Meetings of administrative control board.
249 (1) (a) Each meeting of the administrative control board shall comply with Title 52,
250Chapter 4, Open and Public Meetings Act.
251 (b) Subject to Subsection (2), an administrative control board shall:
252 (i) adopt rules of order and procedure to govern a public meeting of the administrative
253control board;
254 (ii) conduct a public meeting in accordance with the rules of order and procedure
255described in Subsection (1)(b)(i); and
256 (iii) make the rules of order and procedure described in Subsection (1)(b)(i) available
257to the public:
258 (A) at each meeting of the administrative control board; and
259 (B) if the special service district has a public website, on the website.
260 (2) Subsection (1)(b) does not affect the administrative control board's duty to comply
261with Title 52, Chapter 4, Open and Public Meetings Act.
262 Section 6. Section 52-4-202 is amended to read:
263 52-4-202. Public notice of meetings -- Emergency meetings.
264 (1) (a) (i) A public body shall give not less than 24 hours' public notice of each
265meeting.
266 (ii) A specified body shall give not less than 24 hours' public notice of each meeting
267that the specified body holds on the capitol hill complex.
268 (b) The public notice required under Subsection (1)(a) shall include the meeting:
269 (i) agenda;
270 (ii) date;
271 (iii) time; and
272 (iv) place.
273 (2) (a) In addition to the requirements under Subsection (1), a public body which holds 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 10 -
274regular meetings that are scheduled in advance over the course of a year shall give public
275notice at least once each year of its annual meeting schedule as provided in this section.
276 (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of
277the scheduled meetings.
278 (3) (a) A public body or specified body satisfies a requirement for public notice by:
279 (i) posting written notice:
280 (A) except for an electronic meeting held without an anchor location under [Subsection
28152-4-207(4)] Subsection 52-4-207(5), at the principal office of the public body or specified
282body, or if no principal office exists, at the building where the meeting is to be held; and
283 (B) on the Utah Public Notice Website created under Section 63A-16-601; and
284 (ii) providing notice to:
285 (A) at least one newspaper of general circulation within the geographic jurisdiction of
286the public body; or
287 (B) a local media correspondent.
288 (b) A public body or specified body is in compliance with the provisions of Subsection
289(3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions
290of Subsection 63A-16-601(4)(d).
291 (c) A public body whose limited resources make compliance with Subsection
292(3)(a)(i)(B) difficult may request the Division of Archives and Records Service, created in
293Section 63A-12-101, to provide technical assistance to help the public body in its effort to
294comply.
295 (4) A public body and a specified body are encouraged to develop and use additional
296electronic means to provide notice of their meetings under Subsection (3).
297 (5) (a) The notice requirement of Subsection (1) may be disregarded if:
298 (i) because of unforeseen circumstances it is necessary for a public body or specified
299body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
300 (ii) the public body or specified body gives the best notice practicable of:
301 (A) the time and place of the emergency meeting; and
302 (B) the topics to be considered at the emergency meeting.
303 (b) An emergency meeting of a public body may not be held unless:
304 (i) an attempt has been made to notify all the members of the public body; and 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 11 -
305 (ii) a majority of the members of the public body approve the meeting.
306 (6) (a) A public notice that is required to include an agenda under Subsection (1) shall
307provide reasonable specificity to notify the public as to the topics to be considered at the
308meeting. Each topic shall be listed under an agenda item on the meeting agenda.
309 (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding
310member of the public body, a topic raised by the public may be discussed during an open
311meeting, even if the topic raised by the public was not included in the agenda or advance public
312notice for the meeting.
313 (c) Except as provided in Subsection (5), relating to emergency meetings, a public
314body may not take final action on a topic in an open meeting unless the topic is:
315 (i) listed under an agenda item as required by Subsection (6)(a); and
316 (ii) included with the advance public notice required by this section.
317 (7) Except as provided in this section, this chapter does not apply to a specified body.
318 Section 7. Section 52-4-207 is amended to read:
319 52-4-207. Electronic meetings -- Authorization -- Requirements.
320 (1) Except as otherwise provided for a charter school in Section 52-4-209, a public
321body may convene and conduct an electronic meeting in accordance with this section.
322 (2) (a) A public body may not hold an electronic meeting unless the public body has
323adopted a resolution, rule, or ordinance governing the use of electronic meetings.
324 (b) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an
325electronic meeting [held after December 31, 2022,] shall establish the conditions under which a
326remote member is included in calculating a quorum.
327 (c) A resolution, rule, or ordinance described in Subsection (2)(a) may:
328 (i) prohibit or limit electronic meetings based on budget, public policy, or logistical
329considerations;
330 (ii) require a quorum of the public body to:
331 (A) be present at a single anchor location for the meeting; and
332 (B) vote to approve establishment of an electronic meeting in order to include other
333members of the public body through an electronic connection;
334 (iii) require a request for an electronic meeting to be made by a member of a public
335body up to three days prior to the meeting to allow for arrangements to be made for the 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 12 -
336electronic meeting;
337 (iv) restrict the number of separate connections for members of the public body that are
338allowed for an electronic meeting based on available equipment capability;
339 (v) if the public body is statutorily authorized to allow a member of the public body to
340act by proxy, establish the conditions under which a member may vote or take other action by
341proxy; or
342 (vi) establish other procedures, limitations, or conditions governing electronic meetings
343not in conflict with this section.
344 (3) A public body that convenes and conducts an electronic meeting shall:
345 (a) give public notice of the electronic meeting in accordance with Section 52-4-202;
346 (b) except for an electronic meeting described in Subsection (5), post written notice of
347the electronic meeting at the anchor location; and
348 (c) except as otherwise provided in a rule of the Legislature applicable to the public
349body, at least 24 hours before the electronic meeting is scheduled to begin, provide each
350member of the public body a description of how to electronically connect to the meeting.
351 (4) (a) Except as provided in Subsection (5), a public body that convenes and conducts
352an electronic meeting shall provide space and facilities at an anchor location for members of
353the public to attend the open portions of the meeting.
354 (b) A public body that convenes and conducts an electronic meeting may provide
355means by which members of the public [who are not physically present at the anchor location]
356may attend the meeting remotely by electronic means.
357 (5) Subsection (4)(a) does not apply to an electronic meeting if:
358 (a) (i) the chair of the public body determines that:
359 (A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk
360to the health or safety of those present or who would otherwise be present at the anchor
361location; or
362 (B) the location where the public body would normally meet has been ordered closed
363to the public for health or safety reasons; and
364 (ii) the public notice for the meeting includes:
365 (A) a statement describing the chair's determination under Subsection (5)(a)(i);
366 (B) a summary of the facts upon which the chair's determination is based; and 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 13 -
367 (C) information on how a member of the public may attend the meeting remotely by
368electronic means; [or]
369 (b) (i) during the course of the electronic meeting, the chair:
370 (A) determines that continuing to conduct the electronic meeting as provided in
371Subsection (4)(a) presents a substantial risk to the health or safety of those present at the
372anchor location; and
373 (B) announces during the electronic meeting the chair's determination under Subsection
374(5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
375 (ii) in convening the electronic meeting, the public body has provided means by which
376members of the public who are not physically present at the anchor location may attend the
377electronic meeting remotely by electronic means[.];
378 (c) (i) the public body is a local district board of trustees established under Title 17B,
379Chapter 1, Part 3, Board of Trustees;
380 (ii) the board of trustee's membership consists of:
381 (A) at least two members who are elected or appointed to the board as owners of land,
382or as an agent or officer of the owners of land, under the criteria described in Subsection
38317B-1-302(2)(b); or
384 (B) at least one member who is elected or appointed to the board as an owner of land,
385or as an agent or officer of the owner of land, under the criteria described in Subsection
38617B-1-302(3)(a)(ii);
387 (iii) the public notice required under Subsection 52-4-202(3)(a)(i)(B) for the electronic
388meeting includes information on how a member of the public may attend the meeting remotely
389by electronic means; and
390 (iv) the board of trustees allows members of the public attending the meeting by
391remote electronic means to participate in the meeting; or
392 (d) (i) the public body is a special service district administrative control board
393established under Title 17D, Chapter 1, Part 3, Administrative Control Board;
394 (ii) the administrative control board's membership consists of:
395 (A) at least one member who is elected or appointed to the board as an owner of land,
396or as an agent or officer of the owner of land, under the criteria described in Subsection
39717D-1-304(1)(a)(iii)(A) or (B), as applicable; or 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 14 -
398 (B) members that qualify for election or appointment to the board because the owners
399of real property in the special service district meet or exceed the threshold percentage described
400in Subsection 17D-1-304(1)(b)(i);
401 (iii) the public notice required under Subsection 52-4-202(3)(a)(i)(B) for the electronic
402meeting includes information on how a member of the public may attend the meeting remotely
403by electronic means; and
404 (iv) the administrative control board allows members of the public attending the
405meeting by remote electronic means to participate in the meeting.
406 (6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which
407the chair of the public body makes the determination.
408 (7) Compliance with the provisions of this section by a public body constitutes full and
409complete compliance by the public body with the corresponding provisions of Sections
41052-4-201 and 52-4-202.
411 (8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection
412(2)(c)(v), a public body that is conducting an electronic meeting may not allow a member to
413vote or otherwise act by proxy.
414 (9) Except for a unanimous vote, a public body that is conducting an electronic
415meeting shall take all votes by roll call.
416 Section 8. Section 63H-1-202 is amended to read:
417 63H-1-202. Applicability of other law.
418 (1) As used in this section:
419 (a) "Subsidiary" means an authority subsidiary that is a public body as defined in
420Section 52-4-103.
421 (b) "Subsidiary board" means the governing body of a subsidiary.
422 (2) The authority or land within a project area is not subject to:
423 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
424 (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
425 (c) ordinances or regulations of a county or municipality, including those relating to
426land use, health, business license, or franchise; or
427 (d) the jurisdiction of a local district under Title 17B, Limited Purpose Local
428Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1, 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 15 -
429Special Service District Act.
430 (3) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
43163E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
432by Title 63E, Independent Entities Code.
433 (4) (a) The definitions in Section 57-8-3 apply to this Subsection (4).
434 (b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
435Act, or any other provision of law:
436 (i) if the military is the owner of land in a project area on which a condominium project
437is constructed, the military is not required to sign, execute, or record a declaration of a
438condominium project; and
439 (ii) if a condominium unit in a project area is owned by the military or owned by the
440authority and leased to the military for $1 or less per calendar year, not including any common
441charges that are reimbursements for actual expenses:
442 (A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
443Condominium Ownership Act;
444 (B) condominium unit owners within the same building or commercial condominium
445project may agree on any method of allocation and payment of common area expenses,
446regardless of the size or par value of each unit; and
447 (C) the condominium project may not be dissolved without the consent of all the
448condominium unit owners.
449 (5) Notwithstanding any other provision, when a law requires the consent of a local
450government, the authority is the consenting entity for a project area.
451 (6) (a) A department, division, or other agency of the state and a political subdivision
452of the state shall cooperate with the authority to the fullest extent possible to provide whatever
453support, information, or other assistance the authority requests that is reasonably necessary to
454help the authority fulfill the authority's duties and responsibilities under this chapter.
455 (b) Subsection (6)(a) does not apply to a political subdivision that does not have any of
456a project area located within the boundary of the political subdivision.
457 (7) (a) The authority and a subsidiary are subject to Title 52, Chapter 4, Open and
458Public Meetings Act, except that:
459 (i) notwithstanding Section 52-4-104, the timing and nature of training to authority 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 16 -
460board members or subsidiary board members on the requirements of Title 52, Chapter 4, Open
461and Public Meetings Act, may be determined by:
462 (A) the board chair, for the authority board; or
463 (B) the subsidiary board chair, for a subsidiary board;
464 (ii) authority staff may adopt a rule governing the use of electronic meetings under
465Section 52-4-207, if, under Subsection 63H-1-301(3), the board delegates to authority staff the
466power to adopt the rule; and
467 (iii) for an electronic meeting of the authority board or subsidiary board that otherwise
468complies with Section 52-4-207, the authority board or subsidiary board, respectively:
469 (A) is not required to establish an anchor location; and
470 (B) may convene and conduct the meeting without the [written] determination
471otherwise required under [Subsection 52-4-207(4)] Subsection 52-4-207(5)(a)(i).
472 (b) Except as provided in Subsection (7)(c), the authority is not required to physically
473post notice notwithstanding any other provision of law.
474 (c) The authority shall physically post notice in accordance with Subsection
47552-4-202(3)(a)(i).
476 (8) The authority and a subsidiary are subject to Title 63G, Chapter 2, Government
477Records Access and Management Act, except that:
478 (a) notwithstanding Section 63G-2-701:
479 (i) the authority may establish an appeals board consisting of at least three members;
480 (ii) an appeals board established under Subsection (8)(a)(i) shall include:
481 (A) one of the authority board members appointed by the governor;
482 (B) the authority board member appointed by the president of the Senate; and
483 (C) the authority board member appointed by the speaker of the House of
484Representatives; and
485 (iii) an appeal of a decision of an appeals board is to district court, as provided in
486Section 63G-2-404, except that the State Records Committee is not a party; and
487 (b) a record created or retained by the authority or a subsidiary acting in the role of a
488facilitator under Subsection 63H-1-201(3)(v) is a protected record under Title 63G, Chapter 2,
489Government Records Access and Management Act.
490 (9) The authority or a subsidiary acting in the role of a facilitator under Subsection 03-02-23 3:44 PM 4th Sub. (Green) H.B. 21
- 17 -
49163H-1-201(3)(v) is not prohibited from receiving a benefit from a public-private partnership
492that results from the facilitator's work as a facilitator.
493 (10) (a) (i) A subsidiary created as a public infrastructure district under Title 17D,
494Chapter 4, Public Infrastructure District Act, may, subject to limitations of Title 17D, Chapter
4954, Public Infrastructure District Act, levy a property tax for the operations and maintenance of
496the public infrastructure district's financed infrastructure and related improvements, subject to a
497maximum rate of .015.
498 (ii) A levy under Subsection (10)(a)(i) may be separate from a public infrastructure
499district property tax levy for a bond.
500 (b) If a subsidiary created as a public infrastructure district issues a bond:
501 (i) the subsidiary may:
502 (A) delay the effective date of the property tax levy for the bond until after the period
503of capitalized interest payments; and
504 (B) covenant with bondholders not to reduce or impair the property tax levy; and
505 (ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
506Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a
507rate that generates more revenue than required to pay the annual debt service of the bond plus
508administrative costs, subject to a maximum of .02.
509 (c) (i) A subsidiary created as a public infrastructure district under Title 17D, Chapter
5104, Public Infrastructure District Act, may create tax areas, as defined in Section 59-2-102,
511within the public infrastructure district and apply a different property tax rate to each tax area,
512subject to the maximum rate limitations described in Subsections (10)(a)(i) and (10)(b)(ii).
513 (ii) If a subsidiary created by a public infrastructure district issues bonds, the subsidiary
514may issue bonds secured by property taxes from:
515 (A) the entire public infrastructure district; or
516 (B) one or more tax areas within the public infrastructure district.
517 (11) (a) Terms defined in Section 57-11-2 apply to this Subsection (11).
518 (b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
519offer or disposition of an interest in land if the interest in land lies within the boundaries of the
520project area and the authority:
521 (i) (A) has a development review committee using at least one professional planner; 4th Sub. (Green) H.B. 21 03-02-23 3:44 PM
- 18 -
522 (B) enacts standards and guidelines that require approval of planning, land use, and
523plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood
524control; and
525 (C) will have the improvements described in Subsection (11)(b)(i)(B) plus
526telecommunications and electricity; and
527 (ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
528assurance of completion of the improvements described in Subsection (11)(b)(i)(C).
529 (12) (a) As used in this Subsection (12), "officer" means the same as an officer within
530the meaning of the Utah Constitution Article IV, Section 10.
531 (b) An official act of an officer may not be invalidated for the reason that the officer
532failed to take the oath of office.