Utah 2023 Regular Session

Utah House Bill HB0567 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 567
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: P. Owen 6
4	4	6 02-27-23 8:15 AM 6
5	5	H.B. 567
6	6	1 COUNTY AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Kera Birkeland
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill addresses county powers.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <modifies provisions related to franchise agreements or conditional use permits
18	18	13under certain circumstances related to mutual water companies;
19	19	14 <addresses restrictions on length of franchises; and
20	20	15 <makes technical and conforming changes.
21	21	16Money Appropriated in this Bill:
22	22	17 None
23	23	18Other Special Clauses:
24	24	19 None
25	25	20Utah Code Sections Affected:
26	26	21AMENDS:
27	27	22 17-27a-506, as last amended by Laws of Utah 2021, Chapter 385
28	28	23 17-50-306, as renumbered and amended by Laws of Utah 2000, Chapter 133
29	29	24 17-50-309, as renumbered and amended by Laws of Utah 2000, Chapter 133
30	30	25ENACTS:
31	31	26 17-50-340, Utah Code Annotated 1953
32	32	27
33	33	HB0567 H.B. 567 02-27-23 8:15 AM
34	34	- 2 -
35	35	28Be it enacted by the Legislature of the state of Utah:
36	36	29 Section 1. Section 17-27a-506 is amended to read:
37	37	30 17-27a-506. Conditional uses.
38	38	31 (1) (a) A county may adopt a land use ordinance that includes conditional uses and
39	39	32provisions for conditional uses that require compliance with objective standards set forth in an
40	40	33applicable ordinance.
41	41	34 (b) A county may not impose a requirement or standard on a conditional use that
42	42	35conflicts with a provision of this chapter or other state or federal law.
43	43	36 (2) (a) (i) A land use authority shall approve a conditional use if reasonable conditions
44	44	37are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of
45	45	38the proposed use in accordance with applicable standards.
46	46	39 (ii) The requirement described in Subsection (2)(a)(i) to reasonably mitigate
47	47	40anticipated detrimental effects of the proposed conditional use does not require elimination of
48	48	41the detrimental effects.
49	49	42 (b) If a land use authority proposes reasonable conditions on a proposed conditional
50	50	43use, the land use authority shall ensure that the conditions are stated on the record and
51	51	44reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
52	52	45 (c) If the reasonably anticipated detrimental effects of a proposed conditional use
53	53	46cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to
54	54	47achieve compliance with applicable standards, the land use authority may deny the conditional
55	55	48use.
56	56	49 (3) A land use authority's decision to approve or deny a conditional use is an
57	57	50administrative land use decision.
58	58	51 (4) A legislative body shall classify any use that a land use regulation allows in a
59	59	52zoning district as either a permitted or conditional use under this chapter.
60	60	53 (5) Notwithstanding the other provisions of this section and in accordance with Section
61	61	5417-50-340, a county may not require a conditional use permit for a mutual water company to
62	62	55locate, establish, construct, reconstruct, operate, repair, replace, or maintain:
63	63	56 (a) a water well;
64	64	57 (b) a water diversion facility; or
65	65	58 (c) a water distribution system, including a distribution line, pump station, water 02-27-23 8:15 AM H.B. 567
66	66	- 3 -
67	67	59storage tank, water storage facility, pressure reducing station, electrical or utility line, electrical
68	68	60meter, or storm drainage line.
69	69	61 Section 2. Section 17-50-306 is amended to read:
70	70	62 17-50-306. Granting franchises over public roads -- Limitation -- Water
71	71	63infrastructure.
72	72	64 (1) A county may grant franchises along and over the public roads and highways for all
73	73	65lawful purposes, upon such terms, conditions, and restrictions as in the judgment of the county
74	74	66legislative body are necessary and proper, to be exercised in such manner as to present the least
75	75	67possible obstruction and inconvenience to the traveling public.
76	76	68 (2) A franchise under Subsection (1) may not be granted for a period longer than 50
77	77	69years.
78	78	70 (3) If a county grants a franchise for water infrastructure, the county may grant the
79	79	71franchise for the useful life of the water infrastructure which may be for a period longer than 50
80	80	72years.
81	81	73 Section 3. Section 17-50-309 is amended to read:
82	82	74 17-50-309. Regulation of use of roads.
83	83	75 (1) A county may enact ordinances and make regulations not in conflict with law for
84	84	76the control, construction, alteration, repair, and use of all public roads and highways in the
85	85	77county outside of cities and towns.
86	86	78 (2) A county may not enact an ordinance or make a regulation that violates Section
87	87	7917-50-306 or 17-50-340.
88	88	80 Section 4. Section 17-50-340 is enacted to read:
89	89	81 17-50-340. Mutual water companies.
90	90	82 (1) As used in this section:
91	91	83 (a) "Class C or D road" means a road that is a Class C road as defined in Section
92	92	8472-3-104, or a class D road as defined in Section 72-3-105.
93	93	85 (b) "Mutual water company" means an entity organized for, or engaged in the business
94	94	86of, selling, distributing, supplying, or delivering water to the entity's stockholders and members
95	95	87at cost for irrigation purposes or for culinary use.
96	96	88 (2) A county may not require:
97	97	89 (a) a franchise agreement or license of a mutual water company for a project to H.B. 567 02-27-23 8:15 AM
98	98	- 4 -
99	99	90construct or operate underground infrastructure in a public rights-of-way of a Class C or D
100	100	91road; or
101	101	92 (b) a conditional use permit for a project for a mutual water company to construct or
102	102	93operate:
103	103	94 (i) underground infrastructure; or
104	104	95 (ii) a water storage tank on private property, regardless of whether the water storage
105	105	96tank is located underground.