03-01 17:55 2nd Sub. (Gray) H.B. 542 Chris H. Wilson proposes the following substitute bill: 1 Economic Development Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Jon Hawkins Senate Sponsor: Chris H. Wilson 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions of the Governor's Office of Economic Opportunity. 6 Highlighted Provisions: 7 This bill: 8 ▸ amends and defines terms; 9 ▸ amends provisions of the Governor's Office of Economic Opportunity; 10 ▸ repeals the Unified Economic Opportunity Commission and associated committees and 11 subcommittees; 12 ▸ renumbers and amends the Utah Broadband Center and Access Act; 13 ▸ makes technical and conforming changes; and 14 ▸ provides intent language regarding the transfer of funding from the Utah Board of Higher 15 Education - Administration fund to the Utah Board of Higher Education Nucleus 16 Institute upon passage of this bill and H.B. 530, Utah Innovation Lab Modifications. 17 Money Appropriated in this Bill: 18 This bill transfers money from the funds or accounts of the Governor's Office of 19 Economic Opportunity - Economic Prosperity to the funds or accounts of the Utah Board of 20 Higher Education - Administration. 21 Other Special Clauses: 22 This bill provides a special effective date. 23 Utah Code Sections Affected: 24 AMENDS: 25 11-59-203, as last amended by Laws of Utah 2024, Chapter 413 26 35A-8-2203, as last amended by Laws of Utah 2022, Chapters 118, 406 27 36-12-23, as last amended by Laws of Utah 2024, Chapter 506 28 36-29-109, as enacted by Laws of Utah 2022, Chapter 458 2nd Sub. H.B. 542 2nd Sub. (Gray) H.B. 542 03-01 17:55 29 53B-34-101, as renumbered and amended by Laws of Utah 2022, Chapter 362 30 53B-34-102, as renumbered and amended by Laws of Utah 2022, Chapter 362 31 53B-34-111, as enacted by Laws of Utah 2024, Chapter 482 32 63I-1-263, as last amended by Laws of Utah 2024, Third Special Session, Chapter 4 33 63N-1a-102, as last amended by Laws of Utah 2024, Chapter 159 34 63N-1a-301, as last amended by Laws of Utah 2024, Chapter 159 35 63N-1a-303, as last amended by Laws of Utah 2022, Chapter 362 36 63N-1a-304, as renumbered and amended by Laws of Utah 2021, Chapter 282 37 63N-1a-305, as renumbered and amended by Laws of Utah 2021, Chapter 282 38 63N-1a-306, as last amended by Laws of Utah 2022, Chapter 362 39 63N-1a-401, as last amended by Laws of Utah 2024, Chapter 159 40 63N-2-103, as last amended by Laws of Utah 2024, Chapter 438 41 63N-2-104.3, as last amended by Laws of Utah 2023, Chapter 499 42 63N-2-107, as last amended by Laws of Utah 2024, Chapter 159 43 63N-16-302, as enacted by Laws of Utah 2024, Chapter 157 44 72-1-203, as last amended by Laws of Utah 2024, Chapter 517 45 72-1-303, as last amended by Laws of Utah 2024, Chapter 498 46 RENUMBERS AND AMENDS: 47 72-19-101, (Renumbered from 63N-17-102, as last amended by Laws of Utah 2024, 48 Chapter 159) 49 72-19-201, (Renumbered from 63N-17-201, as last amended by Laws of Utah 2024, 50 Chapter 159) 51 72-19-202, (Renumbered from 63N-17-202, as last amended by Laws of Utah 2024, 52 Chapter 159) 53 72-19-203, (Renumbered from 63N-17-203, as last amended by Laws of Utah 2024, 54 Chapter 159) 55 72-19-301, (Renumbered from 63N-17-301, as last amended by Laws of Utah 2024, 56 Chapter 159) 57 72-19-302, (Renumbered from 63N-17-302, as enacted by Laws of Utah 2021, 58 Chapter 282) 59 72-19-401, (Renumbered from 63N-17-401, as enacted by Laws of Utah 2024, 60 Chapter 159) 61 REPEALS: 62 63N-1a-201, as last amended by Laws of Utah 2024, Chapter 159 - 2 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 63 63N-1a-202, as last amended by Laws of Utah 2024, Chapter 159 64 63N-1b-102, as last amended by Laws of Utah 2022, Chapter 118 65 63N-1b-401, as renumbered and amended by Laws of Utah 2022, Chapter 362 66 63N-1b-402, as last amended by Laws of Utah 2023, Chapter 499 67 63N-1b-403, as last amended by Laws of Utah 2023, Chapter 499 68 63N-1b-404, as last amended by Laws of Utah 2024, Chapter 159 69 63N-3-204, as last amended by Laws of Utah 2022, Chapter 362 70 71 Be it enacted by the Legislature of the state of Utah: 72 Section 1. Section 11-59-203 is amended to read: 73 11-59-203 . Authority duties and responsibilities. 74 (1) As the authority plans, manages, and implements the development of the point of the 75 mountain state land, the authority shall pursue development strategies and objectives 76 designed to: 77 (a) maximize the creation of high-quality jobs and encourage and facilitate a highly 78 trained workforce; 79 (b) ensure strategic residential and commercial growth; 80 (c) promote a high quality of life for residents on and surrounding the point of the 81 mountain state land, including strategic planning to facilitate: 82 (i) jobs close to where people live; 83 (ii) vibrant urban centers; 84 (iii) housing types that incorporate affordability factors and match workforce needs; 85 (iv) parks, connected trails, and open space, including the preservation of natural 86 lands to the extent practicable and consistent with the overall development plan; 87 and 88 (v) preserving and enhancing recreational opportunities; 89 (d) complement the development on land in the vicinity of the point of the mountain 90 state land; 91 (e) improve air quality and minimize resource use; 92 (f) accommodate and incorporate the planning, funding, and development of an 93 enhanced and expanded future transit and transportation infrastructure and other 94 investments, including: 95 (i) the acquisition of rights-of-way and property necessary to ensure transit access to 96 the point of the mountain state land; and - 3 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 97 (ii) a world class mass transit infrastructure, to service the point of the mountain state 98 land and to enhance mobility and protect the environment; and 99 (g) if appropriate, exercise its land use authority to increase the supply of housing in the 100 state. 101 (2) In planning the development of the point of the mountain state land, the authority shall: 102 (a) consult with applicable governmental planning agencies, including: 103 (i) relevant metropolitan planning organizations; and 104 (ii) Draper City and Salt Lake County planning and governing bodies;[ and] 105 [(iii) in regards to the factors described in Subsections (1)(c)(i) and (iii), the Unified 106 Economic Opportunity Commission created in Section 63N-1a-201;] 107 (b) research and explore the feasibility of attracting a nationally recognized research 108 center; and 109 (c) research and explore the appropriateness of including labor training centers and a 110 higher education presence on the point of the mountain state land. 111 Section 2. Section 35A-8-2203 is amended to read: 112 35A-8-2203 . Duties of the commission. 113 (1) The commission shall: 114 [(a) serve as a subcommittee of the Unified Economic Opportunity Commission and 115 assist the Unified Economic Opportunity Commission in performing the Unified 116 Economic Opportunity Commission's duties under Section 63N-1a-202;] 117 [(b)] (a) increase public and government awareness and understanding of the housing 118 affordability needs of the state and how those needs may be most effectively and 119 efficiently met, through empirical study and investigation; 120 [(c)] (b) identify and recommend implementation of specific strategies, policies, 121 procedures, and programs to address the housing affordability needs of the state; 122 [(d)] (c) facilitate the communication and coordination of public and private entities that 123 are involved in developing, financing, providing, advocating for, and administering 124 affordable housing in the state; 125 [(e)] (d) study, evaluate, and report on the status and effectiveness of policies, 126 procedures, and programs that address housing affordability in the state; 127 [(f)] (e) study and evaluate the policies, procedures, and programs implemented by other 128 states that address housing affordability; 129 [(g)] (f) provide a forum for public comment on issues related to housing affordability; 130 [(h)] (g) provide recommendations to the [Unified Economic Opportunity Commission - 4 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 131 and the ]Legislature on strategies, policies, procedures, and programs to address the 132 housing affordability needs of the state; and 133 [(i)] (h) on or before December 31, 2022, approve the methodology developed by the 134 division under Subsection 35A-8-803(1)(a)(ix). 135 (2) To accomplish its duties, the commission may: 136 (a) request and receive from a state or local government agency or institution summary 137 information relating to housing affordability, including: 138 (i) reports; 139 (ii) audits; 140 (iii) projections; and 141 (iv) statistics; and 142 (b) appoint one or more advisory groups to advise and assist the commission. 143 (3)(a) A member of an advisory group described in Subsection (2)(b): 144 (i) shall be appointed by the commission; 145 (ii) may be: 146 (A) a member of the commission; or 147 (B) an individual from the private or public sector; and 148 (iii) notwithstanding Section 35A-8-2202, may not receive reimbursement or pay for 149 any work done in relation to the advisory group. 150 (b) An advisory group described in Subsection (2)(b) shall report to the commission on 151 the progress of the advisory group. 152 Section 3. Section 36-12-23 is amended to read: 153 36-12-23 . Legislative committees -- Staffing. 154 (1) As used in this section: 155 (a) "Chair" means a presiding officer or a co-presiding officer of a committee. 156 (b) "Committee" means a standing committee, interim committee, subcommittee, special 157 committee, authority, commission, council, task force, panel, or board in which 158 legislative participation is required by statute or legislative rule. 159 (c) "Legislative committee" means a committee: 160 (i) formed by the Legislature to study or oversee subjects of legislative concern; and 161 (ii) that is required by statute or legislative rule to have a chair who is a legislator. 162 (d) "Legislator" means a member of either chamber of the Legislature. 163 (e) "Professional legislative office" means the Office of Legislative Research and 164 General Counsel, the Office of the Legislative Fiscal Analyst, the Office of the - 5 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 165 Legislative Auditor General, or similar office of the Legislature. 166 (2)(a) Except as provided in Subsections (3) and (4), a professional legislative office 167 shall provide each legislative committee's staff support, regardless of whether statute 168 or legislative rule directs another entity to provide the staff support. 169 (b) Unless a legislative committee's enacting statute or legislative rule names a particular 170 professional legislative office to provide the legislative committee's staff support, the 171 professional legislative offices shall select, based on subject matter expertise, which 172 professional legislative office will staff the legislative committee. 173 (3)(a) Subject to Subsection (3)(b), the provisions of this section control over any 174 conflicting provision of statute or legislative rule. 175 (b)(i) If another provision of statute or legislative rule directs an entity other than a 176 professional legislative office to provide a legislative committee's staff support, 177 notwithstanding Subsection (2), a legislator who is a chair of the legislative 178 committee may elect to have the other entity provide the legislative committee's 179 staff support. 180 (ii) If the legislative committee has more than one chair who is a legislator, the chairs 181 who are legislators shall collectively make the election under Subsection (3)(b)(i). 182 (iii) A chair or chairs who make an election under Subsection (3)(b)(i) may change 183 the chair's or chairs' election no more than once each calendar year. 184 (4) This section does not apply to: 185 (a) the Point of the Mountain State Land Authority created in Section 11-59-201; 186 (b) the Utah Broadband Center Advisory Commission created in Section 36-29-109; 187 (c) the Blockchain and Digital Innovation Task Force created in Section 36-29-110; 188 (d) the Public Safety Data Management Task Force created in Section 36-29-111; 189 (e) the Constitutional Defense Council created in Section 63C-4a-202; 190 [(f) the Women in the Economy Subcommittee created in Section 63N-1b-402;] 191 [(g)] (f) the House Ethics Committee established under Legislative Joint Rule JR6-2-101; 192 or 193 [(h)] (g) the Senate Ethics Committee established under Legislative Joint Rule JR6-2-101. 194 Section 4. Section 36-29-109 is amended to read: 195 36-29-109 . Utah Broadband Center Advisory Commission. 196 (1) As used in this section: 197 (a) "Broadband infrastructure funds" means the funds available for broadband 198 infrastructure pursuant to: - 6 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 199 (i) the Infrastructure Investment and Jobs Act, Pub. L. No. 115-58; 200 (ii) legislative appropriations; and 201 (iii) state and federal grants. 202 (b) ["Center"] "Broadband center" means the Utah Broadband Center created in Section [ 203 63N-17-201] 72-19-201. 204 (c) ["Commission" ] "Broadband commission" means the Utah Broadband Center 205 Advisory Commission created in Subsection (2). 206 (d) "Strategic plan" means the statewide digital connectivity plan described in Section [ 207 63N-17-203] 72-19-203. 208 (2) There is created the Utah Broadband Center Advisory Commission consisting of the 209 following nine voting members: 210 (a) two members of the Senate, appointed by the president of the Senate; 211 (b) two members of the House of Representatives, appointed by the speaker of the 212 House of Representatives; 213 (c) the executive director of the Governor's Office of Planning and Budget, or the 214 executive director's designee; 215 (d) the governor shall appoint four members who currently work in the public sector and 216 who have professional experience in: 217 (i) broadband or broadband infrastructure; 218 (ii) applying for federal grants; or 219 (iii) financing infrastructure. 220 (3) In addition to the nine voting members, the director of the broadband center, or the 221 director's designee, shall serve on the broadband commission in a nonvoting capacity. 222 (4)(a) The president of the Senate shall designate one of the members described in 223 Subsection (2)(a) to serve as cochair of the broadband commission. 224 (b) The speaker of the House of Representatives shall designate one of the members 225 described in Subsection (2)(b) to serve as cochair of the broadband commission. 226 (5)(a) If a vacancy occurs in the membership of the broadband commission, the member 227 shall be replaced in the same manner in which the original appointment was made. 228 (b) A member shall serve until the member's successor is appointed and qualified. 229 (6)(a) A majority of the members of the broadband commission constitutes a quorum. 230 (b) The action of a majority of a quorum constitutes an action of the broadband 231 commission. 232 (7)(a) Salaries and expenses of the members of the broadband commission who are - 7 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 233 legislators shall be paid in accordance with: 234 (i) Section 36-2-2; 235 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation 236 Expenses; and 237 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. 238 (b) A member of the broadband commission who is not a legislator may not receive 239 compensation for the member's work associated with the broadband commission but 240 may receive per diem and reimbursement for travel expenses incurred as a member of 241 the broadband commission at the rates established by the Division of Finance under: 242 (i) Sections 63A-3-106 and 63A-3-107; and 243 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 244 and 63A-3-107. 245 (8) The broadband center shall provide staff support to the broadband commission. 246 (9) The broadband commission shall: 247 (a) make recommendations to the broadband center with respect to: 248 (i) strategic plan development; and 249 (ii) the application for and use of broadband infrastructure funds; 250 (b) solicit input from relevant stakeholders, including: 251 (i) public and private entities who may assist in developing and implementing the 252 strategic plan; and 253 (ii) public and private entities whom the strategic plan may impact; 254 (c) provide recommendations for strategic plan development and implementation based 255 on the input described in Subsection (9)(b); 256 (d) review strategic plan drafts; and 257 (e) recommend changes. 258 (10) The broadband commission shall meet as needed. 259 Section 5. Section 53B-34-101 is amended to read: 260 53B-34-101 . Definitions. 261 As used in this chapter: 262 (1) "Apprenticeship program" means a program that: 263 (a) combines paid on-the-job learning with formal classroom instruction to prepare 264 students for careers; and 265 (b) includes: 266 (i) structured on-the-job learning for students under the supervision of a skilled - 8 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 267 employee; 268 (ii) classroom instruction for students related to the on-the-job learning; 269 (iii) ongoing student assessments using established competency and skills standards; 270 and 271 (iv) the student receiving an industry-recognized credential or degree upon 272 completion of the program. 273 (2) "Career and technical education region" means an economic service area created in 274 Section 35A-2-101. 275 (3) "GOEO" means the Governor's Office of Economic Opportunity created in Section 276 63N-1a-301. 277 [(3) "Commission" means the Unified Economic Opportunity Commission created in 278 Section 63N-1a-201.] 279 (4) "High quality professional learning" means the professional learning standards for 280 teachers and principals described in Section 53G-11-303. 281 (5) "Institution of higher education" means the University of Utah, Utah State University, 282 Southern Utah University, Weber State University, Snow College, Utah Tech 283 University, Utah Valley University, or Salt Lake Community College. 284 (6) "Local education agency" means a school district, a charter school, or the Utah Schools 285 for the Deaf and the Blind. 286 (7) "Master plan" means the computer science education master plan described in Section 287 53B-34-105. 288 (8) "Participating employer" means an employer that: 289 (a) partners with an educational institution on a curriculum for an apprenticeship 290 program or work-based learning program; and 291 (b) provides an apprenticeship or work-based learning program for students. 292 (9) "State board" means the State Board of Education. 293 (10) "Talent board" means the Talent, Education, and Industry Alignment Board created in 294 Section 53B-34-102. 295 (11) "Talent program" means the Talent Ready Utah Program created in Section 296 53B-34-103. 297 (12) "Targeted industry" means an industry or group of industries targeted by [the 298 commission ] GOEO for economic development in the state. 299 (13) "Technical college" means: 300 (a) the same as that term is defined in Section 53B-1-101.5; and - 9 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 301 (b) a degree-granting institution acting in the degree-granting institution's technical 302 education role described in Section 53B-2a-201. 303 (14)(a) "Work-based learning program" means a program that combines structured and 304 supervised learning activities with authentic work experiences and that is 305 implemented through industry and education partnerships. 306 (b) "Work-based learning program" includes the following objectives: 307 (i) providing students an applied workplace experience using knowledge and skills 308 attained in a program of study that includes an internship, externship, or work 309 experience; 310 (ii) providing an educational institution with objective input from a participating 311 employer regarding the education requirements of the current workforce; and 312 (iii) providing funding for programs that are associated with high-wage, in-demand, 313 or emerging occupations. 314 (15) "Workforce programs" means education or industry programs that facilitate training 315 the state's workforce to meet industry demand. 316 Section 6. Section 53B-34-102 is amended to read: 317 53B-34-102 . Talent, Education, and Industry Alignment Board -- Creation -- 318 Membership -- Expenses -- Duties. 319 (1) There is created the Talent, Education, and Industry Alignment Board composed of the 320 following members: 321 (a) the state superintendent of public instruction or the superintendent's designee; 322 (b) the commissioner or the commissioner's designee; 323 (c) the chair of the State Board of Education or the chair's designee; 324 (d) the executive director of the Department of Workforce Services or the executive 325 director's designee; 326 (e) the executive director of the Governor's Office of Economic Opportunity or the 327 executive director's designee; 328 (f) the director of the Division of Professional Licensing or the director's designee; 329 (g) the governor's education advisor or the advisor's designee; 330 (h) one member of the Senate, appointed by the president of the Senate; 331 (i) one member of the House of Representatives, appointed by the speaker of the House 332 of Representatives; 333 (j) the president of the Salt Lake Chamber or the president's designee; 334 (k) six representatives of private industry chosen to represent targeted industries, - 10 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 335 appointed by [the commission] GOEO; 336 (l) the lieutenant governor or the lieutenant governor's designee; and 337 (m) any additional individuals appointed by [the commission] GOEO who represent: 338 (i) one or more individual educational institutions; or 339 (ii) education or industry professionals. 340 (2) The talent board shall select a chair and vice chair from among the members of the 341 talent board. 342 (3) The talent board shall meet at least quarterly. 343 (4) Attendance of a majority of the members of the talent board constitutes a quorum for 344 the transaction of official talent board business. 345 (5) Formal action by the talent board requires the majority vote of a quorum. 346 (6) A member of the talent board: 347 (a) may not receive compensation or benefits for the member's service; and 348 (b) who is not a legislator may receive per diem and travel expenses in accordance with: 349 (i) Section 63A-3-106; 350 (ii) Section 63A-3-107; and 351 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 352 63A-3-107. 353 (7) The talent board shall: 354 (a)(i) review and develop metrics to measure the progress, performance, 355 effectiveness, and scope of any state operation, activity, program, or service that 356 primarily involves employment training or placement; and 357 (ii) ensure that the metrics described in Subsection (7)(a) are consistent and 358 comparable for each state operation, activity, program, or service that primarily 359 involves employment training or placement; 360 (b) make recommendations to the board and [the commission] GOEO regarding how to 361 better align training and education in the state with industry demand; 362 (c) make recommendations to the board and [the commission] GOEO regarding how to 363 better align technical education with current and future workforce needs; 364 (d) coordinate with the talent program to meet the responsibilities described in [ 365 Subsection 53B-34-103(4)] Section 53B-34-103; 366 (e) develop a computer science education master plan in accordance with Section 367 53B-34-105; 368 (f) coordinate with the talent program to meet the responsibilities described in Section - 11 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 369 53B-34-107; and 370 (g) administer the Utah Works Program in accordance with Section 53B-34-108. 371 (8) Nothing in this section prohibits an individual who, on June 30, 2022, is a member of a 372 subcommittee within the Governor's Office of Economic Opportunity known as the 373 Talent, Education, and Industry Alignment Subcommittee from serving as a member of 374 the talent board. 375 Section 7. Section 53B-34-111 is amended to read: 376 53B-34-111 . Youth apprenticeship governance study. 377 (1) As used in this section: 378 (a) "Apprenticeship" means the same as the term is defined in Section 35A-6-102. 379 (b) "Study" means the study created in Subsection (2). 380 (2) There is created a study to design a framework and system for maximizing efficiencies 381 and expanding youth apprenticeship opportunities for students. 382 (3) The study shall be conducted collaboratively by the following entities: 383 (a) the [Governor's Office] governor's office; 384 (b) the State Board of Education; 385 (c) the Department of Workforce Services; 386 (d) the Talent Ready Utah Program; and 387 (e) relevant participating employers as determined by the entities described in 388 Subsections (3)(a) through (d). 389 (4) The study shall examine framework and system design recommendations regarding: 390 (a) ways to increase youth apprenticeship offerings; 391 (b) increasing student and employer participation in youth apprenticeships; 392 (c) formalizing roles and streamlining use of existing infrastructure described in: 393 (i) Title 35A, Chapter 6, Apprenticeship Act; 394 (ii) Title 53B, Chapter 34, Talent, Education, and Industry Alignment, including the 395 role of the state apprenticeship intermediary described in Section 53B-34-103; and 396 (iii) Section 53G-7-902; 397 (d) aligning youth apprenticeship efforts to meet the definition of youth apprenticeship 398 defined in Section 35A-6-102; 399 (e) identifying metrics to assess the success of youth apprenticeship programs; 400 (f) opportunities to leverage secondary and post-secondary educational programs in 401 conjunction with youth apprenticeships, including: 402 (i) career and technical education; - 12 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 403 (ii) concurrent enrollment; and 404 (iii) stackable credentials; and 405 (g) the creation of career competencies to prepare a qualified workforce. 406 (5) The staff of the Talent Ready Utah Program shall staff the study. 407 (6) No later than May 1, 2025, the entities described in [Subsections (3)(a) through (e)] 408 Subsection (3) shall report the recommendations described in Subsection (4) to[:] 409 [(a)] the talent board[; and] . 410 [(b) the Unified Economic Opportunity Commission.] 411 Section 8. Section 63I-1-263 is amended to read: 412 63I-1-263 . Repeal dates: Titles 63A to 63O. 413 (1) Subsection 63A-5b-405(5), regarding prioritizing and allocating capital improvement 414 funding, is repealed July 1, 2024. 415 (2) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1, 416 2028. 417 (3) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1, 2025. 418 (4) Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed 419 December 31, 2026. 420 (5) Title 63C, Chapter 23, Education and Mental Health Coordinating Committee, is 421 repealed December 31, 2024. 422 (6) Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027. 423 (7) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032. 424 (8) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026. 425 (9) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July 426 1, 2028. 427 (10) Section 63G-6a-805, Purchase from community rehabilitation programs, is repealed 428 July 1, 2026. 429 (11) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028. 430 (12) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1, 431 2029. 432 (13) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026. 433 (14) Subsection 63J-1-602.2(16), related to the Communication Habits to reduce 434 Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029. 435 (15) Subsection 63J-1-602.2(26), regarding the Utah Seismic Safety Commission, is 436 repealed January 1, 2025. - 13 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 437 (16) Section 63L-11-204, Canyon resource management plan, is repealed July 1, 2025. 438 (17) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is 439 repealed July 1, 2027. 440 (18) Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is 441 repealed July 1, 2027. 442 (19) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses, is 443 repealed July 1, 2029. 444 (20) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026. 445 [(21) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed 446 January 1, 2030.] 447 [(22)] (21) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028. 448 [(23)] (22) Subsection 63N-2-511(1)(b), regarding the Board of Tourism Development, is 449 repealed July 1, 2025. 450 [(24)] (23) Section 63N-2-512, Hotel Impact Mitigation Fund, is repealed July 1, 2028. 451 [(25)] (24) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is 452 repealed July 1, 2027. 453 [(26)] (25) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is 454 repealed July 1, 2025. 455 [(27)] (26) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed 456 July 1, 2028. 457 [(28)] (27) Section 63N-4-804, which creates the Rural Opportunity Advisory Committee, is 458 repealed July 1, 2027. 459 [(29)] (28) Subsection 63N-4-805(5)(b), regarding the Rural Employment Expansion 460 Program, is repealed July 1, 2028. 461 [(30)] (29) Subsection 63N-7-101(1), regarding the Board of Tourism Development, is 462 repealed July 1, 2025. 463 [(31)] (30) Subsection 63N-7-102(3)(c), regarding a requirement for the Utah Office of 464 Tourism to receive approval from the Board of Tourism Development, is repealed July 465 1, 2025. 466 [(32)] (31) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1, 467 2025. 468 Section 9. Section 63N-1a-102 is amended to read: 469 63N-1a-102 . Definitions. 470 As used in this title: - 14 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 471 (1) "Baseline jobs" means the number of full-time employee positions that existed within a 472 business entity in the state before the date on which a project related to the business 473 entity is approved by the office or by the GOEO board. 474 (2) "Baseline state revenue" means the amount of state tax revenue collected from a 475 business entity or the employees of a business entity during the year before the date on 476 which a project related to the business entity is approved by the office or by the GOEO 477 board. 478 [(3) "Commission" means the Unified Economic Opportunity Commission created in 479 Section 63N-1a-201.] 480 [(4)] (3) "Economic opportunity agency" includes: 481 (a) the Department of Workforce Services; 482 (b) the Department of Cultural and Community Engagement; 483 (c) the Department of Commerce; 484 (d) the Department of Natural Resources; 485 (e) the Office of Energy Development; 486 (f) the State Board of Education; 487 (g) institutions of higher education; 488 (h) the Utah Multicultural Commission; 489 (i) the World Trade Center Utah; 490 (j) local government entities; 491 (k) associations of governments; 492 (l) the Utah League of Cities and Towns; 493 (m) the Utah Association of Counties; 494 (n) the Economic Development Corporation of Utah; 495 (o) the Small Business Administration; 496 (p) chambers of commerce; 497 (q) industry associations; 498 (r) small business development centers; and 499 (s) other entities identified by the commission or the executive director. 500 [(5)] (4) "Executive director" means the executive director of the office. 501 [(6)] (5) "Full-time employee" means an employment position that is filled by an employee 502 who works at least 30 hours per week and: 503 (a) may include an employment position filled by more than one employee, if each 504 employee who works less than 30 hours per week is provided benefits comparable to - 15 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 505 a full-time employee; and 506 (b) may not include an employment position that is shifted from one jurisdiction in the 507 state to another jurisdiction in the state. 508 [(7)] (6) "GOEO board" means the Board of Economic Opportunity created in Section 509 63N-1a-401. 510 [(8)] (7) "High paying job" means a newly created full-time employee position where the 511 aggregate average annual gross wage of the employment position, not including health 512 care or other paid or unpaid benefits, is: 513 (a) at least 110% of the average wage of the county in which the employment position 514 exists; or 515 (b) for an employment position related to a project described in Chapter 2, Part 1, 516 Economic Development Tax Increment Financing, and that is located within the 517 boundary of a county of the third, fourth, fifth, or sixth class, or located within a 518 municipality in a county of the second class and where the municipality has a 519 population of 10,000 or less: 520 (i) at least 100% of the average wage of the county in which the employment position 521 exists; or 522 (ii) an amount determined by rule made by the office in accordance with Title 63G, 523 Chapter 3, Utah Administrative Rulemaking Act, if the office determines the 524 project is in a county experiencing economic distress. 525 [(9)] (8)(a) "Incremental job" means a full-time employment position in the state that: 526 (i) did not exist within a business entity in the state before the beginning of a project 527 related to the business entity; and 528 (ii) is created in addition to the number of baseline jobs that existed within a business 529 entity. 530 (b) "Incremental job" includes a full-time employment position where the employee is 531 hired: 532 (i) directly by a business entity; or 533 (ii) by a professional employer organization, as defined in Section 31A-40-102, on 534 behalf of a business entity. 535 [(10)] (9) "New state revenue" means the state revenue collected from a business entity or a 536 business entity's employees during a calendar year minus the baseline state revenue 537 calculation. 538 [(11)] (10) "Office" or "GOEO" means the Governor's Office of Economic Opportunity. - 16 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 539 [(12)] (11) "State revenue" means state tax liability paid by a business entity or a business 540 entity's employees under any combination of the following provisions: 541 (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes; 542 (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and 543 Information; 544 (c) Title 59, Chapter 10, Part 2, Trusts and Estates; 545 (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and 546 (e) Title 59, Chapter 12, Sales and Use Tax Act. 547 [(13)] (12) "State strategic goals" means the strategic goals listed in Section 63N-1a-103. 548 [(14)] (13) "Statewide economic development strategy" means the economic development 549 strategy developed by the [commission in accordance with Section 63N-1a-202] office in 550 accordance with Section 63N-1a-301. 551 [(15) "Talent board" means the Talent, Education, and Industry Alignment Board created in 552 Section 53B-34-102.] 553 [(16)] (14) "Targeted industry" means an industry or group of industries targeted by the [ 554 commission under Section 63N-1a-202] office under Section 63N-1a-301, for economic 555 development in the state. 556 Section 10. Section 63N-1a-301 is amended to read: 557 63N-1a-301 . Creation of office -- Responsibilities. 558 (1) There is created the Governor's Office of Economic Opportunity. 559 (2) The office is: 560 (a) responsible for creating and implementing the statewide economic development 561 strategy [developed by the commission; and] that: 562 (i) unifies and coordinates economic development efforts in the state; 563 (ii) includes key performance indicators for long-term progress toward the state 564 strategic goals; 565 (iii) establishes reporting and accountability processes for the key performance 566 indicators; and 567 (iv) ensures the success of statewide economic development; and 568 (b) the industrial and business promotion authority of the state. 569 (3) The office shall: 570 (a) consistent with the statewide economic development strategy, coordinate and align 571 into a single effort the activities of the economic opportunity agencies in the field of 572 economic development; - 17 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 573 (b) provide support and direction to economic opportunity agencies in establishing 574 goals, metrics, and activities that align with the statewide economic development 575 strategy; 576 (c) administer and coordinate state and federal economic development grant programs; 577 (d) promote and encourage the economic, commercial, financial, industrial, agricultural, 578 and civic welfare of the state; 579 (e) develop the statewide economic development strategy consistent with the state water 580 policy described in Section 73-1-21, including the state's commitment to appropriate: 581 (i) conservation; 582 (ii) efficient and optimal use of water resources; 583 (iii) infrastructure development and improvement; 584 (iv) optimal agricultural use; 585 (v) water quality; 586 (vi) reasonable access to recreational activities; 587 (vii) effective wastewater treatment; and 588 (viii) protecting and restoring health ecosystems; 589 (f) at least once every five years, identify which industry or groups of industries shall be 590 targeted for economic development in the state; 591 [(e)] (g) promote and encourage the employment of workers in the state and the purchase 592 of goods and services produced in the state by local businesses; 593 [(f)] (h) act to create, develop, attract, and retain business, industry, and commerce in the 594 state: 595 (i) in accordance with the statewide economic development [plan and commission 596 directives] strategy; and 597 (ii) subject to the restrictions in Section 11-41-103; 598 [(g)] (i) act to enhance the state's economy; 599 (j) analyze the state's projected long-term population and economic growth and plan for 600 the anticipated impacts of the projected growth in a manner that improves quality of 601 life and is consistent with the statewide economic development strategy and state 602 strategic goals; 603 [(h)] (k) act to assist strategic industries that are likely to drive future economic growth; 604 [(i)] (l) assist communities in the state in developing economic development capacity and 605 coordination with other communities; 606 (m) develop strategies and plans to ensure comprehensive economic development efforts - 18 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 607 are targeted to the unique needs of rural areas of the state; 608 [(j)] (n) identify areas of education and workforce development in the state that can be 609 improved to support economic and business development; 610 [(k)] (o) [consistent with direction from the commission, ]develop core strategic 611 priorities for the office, which may include: 612 (i) enhancing statewide access to entrepreneurship opportunities and small business 613 support; 614 (ii) focusing industry recruitment and expansion of targeted industries; 615 (iii) ensuring that in awarding competitive economic development incentives the 616 office accurately measures the benefits and costs of the incentives; and 617 (iv) assisting communities with technical support to aid those communities in 618 improving economic development opportunities; 619 [(l)] (p) submit an annual written report as described in Section 63N-1a-306; and 620 [(m)] (q) perform other duties as provided by the Legislature. 621 (4) To perform the office's duties under this title, the office may: 622 (a) enter into a contract or agreement with, or make a grant to, a public or private entity, 623 including a municipality, if the contract or agreement is not in violation of state 624 statute or other applicable law; 625 (b) except as provided in Subsection (4)(c), receive and expend funds from a public or 626 private source for any lawful purpose that is in the state's best interest; and 627 (c) solicit and accept a contribution of money, services, or facilities from a public or 628 private donor, but may not use the contribution for publicizing the exclusive interest 629 of the donor. 630 (5) Money received under Subsection (4)(c) shall be deposited into the General Fund as 631 dedicated credits of the office. 632 [(6)(a) The office shall:] 633 [(i) obtain the advice of the GOEO board before implementing a change to a policy, 634 priority, or objective under which the office operates; and] 635 [(ii) provide periodic updates to the commission regarding the office's efforts under 636 Subsections (3)(a) and (b).] 637 [(b) Subsection (6)(a)(i) does not apply to the routine administration by the office of 638 money or services related to the assistance, retention, or recruitment of business, 639 industry, or commerce in the state.] 640 Section 11. Section 63N-1a-303 is amended to read: - 19 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 641 63N-1a-303 . Powers and duties of executive director. 642 (1) Unless otherwise expressly provided by statute, the executive director may organize the 643 office in any appropriate manner, including the appointment of deputy directors of the 644 office. 645 (2) The executive director may consolidate personnel and service functions for efficiency 646 and economy in the office. 647 (3) The executive director, with the approval of the governor: 648 (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal 649 Funds Procedures Act, seek federal grants, loans, or participation in federal programs; 650 (b) may enter into a lawful contract or agreement with another state, a chamber of 651 commerce organization, a service club, or a private entity; and 652 (c) shall annually prepare and submit to the governor a budget of the office's financial 653 requirements. 654 (4) With the governor's approval, if a federal program requires the expenditure of state 655 funds as a condition for the state to participate in a fund, property, or service, the 656 executive director may expend necessary funds from money provided by the Legislature 657 for the use of the office. 658 (5) The executive director shall coordinate with the executive directors of the Department 659 of Workforce Services and the Governor's Office of Planning and Budget to review data 660 and metrics to be reported to the Legislature as described in [Subsection 661 63N-1a-306(2)(b)] Section 63N-1a-306. 662 (6) Unless otherwise provided in this title, the executive director may make rules in 663 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as 664 necessary for the administration of programs established under state law. 665 Section 12. Section 63N-1a-304 is amended to read: 666 63N-1a-304 . Executive director and the Public Service Commission. 667 (1) The executive director or the executive director's designee shall: 668 (a) become generally informed of significant rate cases and policy proceedings before 669 the Public Service Commission; and 670 (b) monitor and study the potential economic development impact of [these] the 671 proceedings. 672 (2) In the discretion of the executive director or the executive director's designee, the office 673 may appear in a proceeding before the Public Service Commission to testify, advise, or 674 to present argument regarding the economic development impact of a matter that is the - 20 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 675 subject of the proceeding. 676 Section 13. Section 63N-1a-305 is amended to read: 677 63N-1a-305 . Incentive review process. 678 [The Legislature intends that the] The office [will] shall develop an [incentives] incentive 679 review process under the direction of the speaker of the House of Representatives and the 680 president of the Senate. 681 Section 14. Section 63N-1a-306 is amended to read: 682 63N-1a-306 . Annual report -- Content -- Format. 683 (1) The office shall prepare and submit to the governor and the Legislature, by October 1 of 684 each year, an annual written report of the operations, activities, programs, and services 685 of the office, including the divisions, sections, boards, commissions, councils, and 686 committees established under this title, for the preceding fiscal year. 687 (2) For each operation, activity, program, or service provided by the office, the annual 688 report shall include: 689 (a) a description of the operation, activity, program, or service; 690 (b) data and metrics: 691 (i) selected and used by the office to measure progress, performance, effectiveness, 692 and scope of the operation, activity, program, or service, including summary data; 693 and 694 (ii) that are consistent and comparable for each state operation, activity, program, or 695 service that primarily involves employment training or placement as determined 696 by the executive directors of the office, the Department of Workforce Services, 697 and the Governor's Office of Planning and Budget; 698 (c) budget data, including the amount and source of funding, expenses, and allocation of 699 full-time employees for the operation, activity, program, or service; 700 (d) historical data from previous years for comparison with data reported under 701 Subsections (2)(b) and (c); 702 (e) goals, challenges, and achievements related to the operation, activity, program, or 703 service; 704 (f) relevant federal and state statutory references and requirements; 705 (g) contact information of officials knowledgeable and responsible for each operation, 706 activity, program, or service; and 707 (h) other information determined by the office that: 708 (i) may be needed, useful, or of historical significance; or - 21 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 709 (ii) promotes accountability and transparency for each operation, activity, program, 710 or service with the public and elected officials. 711 (3) The annual report shall be designed to provide clear, accurate, and accessible 712 information to the public, the governor, and the Legislature. 713 (4) The office shall: 714 (a) submit the annual report in accordance with Section 68-3-14; and 715 (b) make the annual report, and previous annual reports, accessible to the public by 716 placing a link to the reports on the office's website[; and] . 717 [(c) provide the data and metrics described in Subsection (2)(b) to the talent board.] 718 Section 15. Section 63N-1a-401 is amended to read: 719 63N-1a-401 . Creation of Board of Economic Opportunity. 720 (1)(a) There is created within the office the Board of Economic Opportunity, consisting 721 of nine members appointed by the [chair of the commission] executive director of the 722 office, in consultation with the [executive director] governor, to four-year terms of 723 office with the advice and consent of the Senate in accordance with Title 63G, 724 Chapter 24, Part 2, Vacancies. 725 (b) The nine members described in Subsection (1)(a) shall include: 726 (i) one member associated with the state's rural communities; 727 (ii) one member associated with direct entrepreneurship in the state; 728 (iii) one member associated with higher education in the state; 729 (iv) five members, other than the members described in Subsections (1)(b)(i) through 730 (iii), that are associated with a targeted industry; and 731 (v) one at-large member. 732 (c) Notwithstanding the requirements of Subsection (1)(a), the [chair of the commission] 733 executive director shall, at the time of appointment or reappointment, adjust the 734 length of terms to ensure that the terms of board members are staggered so that 735 approximately half of the board is appointed every two years. 736 (d) The members may not serve more than two full consecutive terms except when the [ 737 chair of the commission] executive director determines that an additional term is in 738 the best interest of the state. 739 (2) When a vacancy occurs in the membership for any reason, the replacement shall be 740 appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, 741 Vacancies. 742 (3) A majority of board members, not including a vacancy, constitutes a quorum for - 22 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 743 conducting board business and exercising board power. 744 (4) [The chair of the commission ] The executive director shall select one board member as 745 the board's chair and one member as the board's vice chair. 746 (5) A member may not receive compensation or benefits for the member's service, but may 747 receive per diem and travel expenses in accordance with: 748 (a) Section 63A-3-106; 749 (b) Section 63A-3-107; and 750 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107. 751 (6) A member shall comply with the conflict of interest provisions described in Title 63G, 752 Chapter 24, Part 3, Conflicts of Interest. 753 Section 16. Section 63N-2-103 is amended to read: 754 63N-2-103 . Definitions. 755 As used in this part: 756 (1)(a) "Business entity" means a person that enters into a written agreement with the 757 office to initiate a new commercial project in Utah that will qualify the person to 758 receive a tax credit under Section 59-7-614.2 or 59-10-1107. 759 (b) With respect to a tax credit authorized by the office in accordance with Subsection 760 63N-2-104.3(2), "business entity" includes a nonprofit entity. 761 (2) "Commercial or industrial zone" means an area zoned agricultural, commercial, 762 industrial, manufacturing, business park, research park, or other appropriate business 763 related use in a general plan that contemplates future growth. 764 (3) "Development zone" means an economic development zone created under Section 765 63N-2-104. 766 (4) "Local government entity" means a county, city, or town. 767 (5) "New commercial project" means an economic development opportunity that: 768 (a) involves a targeted industry; or 769 (b) is located within: 770 (i) a county of the third, fourth, fifth, or sixth class; or 771 (ii) a municipality that has a population of 10,000 or less and the municipality is 772 located within a county of the second class[; or] . 773 [(c) involves an economic development opportunity that the commission determines to 774 be eligible for a tax credit under this part.] 775 (6) "Remote work opportunity" means a new commercial project that: 776 (a) does not require a physical office in the state where employees associated with the - 23 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 777 new commercial project are required to work; and 778 (b) requires employees associated with the new commercial project to: 779 (i) work remotely from a location within the state; and 780 (ii) maintain residency in the state. 781 (7) "Significant capital investment" means an investment in capital or fixed assets, which 782 may include real property, personal property, and other fixtures related to a new 783 commercial project that represents an expansion of existing operations in the state or 784 that increases the business entity's existing workforce in the state. 785 (8) "Tax credit" means an economic development tax credit created by Section 59-7-614.2 786 or 59-10-1107. 787 (9) "Tax credit amount" means the amount the office lists as a tax credit on a tax credit 788 certificate for a taxable year. 789 (10) "Tax credit certificate" means a certificate issued by the office that: 790 (a) lists the name of the business entity to which the office authorizes a tax credit; 791 (b) lists the business entity's taxpayer identification number; 792 (c) lists the amount of tax credit that the office authorizes the business entity for the 793 taxable year; and 794 (d) may include other information as determined by the office. 795 (11) "Written agreement" means a written agreement entered into between the office and a 796 business entity under Section 63N-2-104.2. 797 Section 17. Section 63N-2-104.3 is amended to read: 798 63N-2-104.3 . Limitations on tax credit amount. 799 (1) Except as provided in Subsection (2)(a), for a new commercial project that is located 800 within the boundary of a county of the first or second class, the office may not authorize 801 a tax credit that exceeds: 802 (a) 50% of the new state revenues from the new commercial project in any given year; or 803 (b) 30% of the new state revenues from the new commercial project over a period of up 804 to 20 years[; or] . 805 [(c) 35% of the new state revenues from the new commercial project over a period of up 806 to 20 years, if:] 807 [(i) the new commercial project brings 2,500 or more new incremental jobs to the 808 state;] 809 [(ii) the amount of capital expenditures associated with the new commercial project is 810 $1,000,000,000 or more; and] - 24 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 811 [(iii) the commission approves the tax credit.] 812 (2) If the office authorizes a tax credit for a new commercial project located within the 813 boundary of: 814 (a) a municipality with a population of 10,000 or less located within a county of the 815 second class and that is experiencing economic hardship as determined by the office, 816 the office may authorize a tax credit of up to 50% of new state revenues from the new 817 commercial project over a period of up to 20 years; 818 (b) a county of the third class, the office may authorize a tax credit of up to 50% of new 819 state revenues from the new commercial project over a period of up to 20 years; and 820 (c) a county of the fourth, fifth, or sixth class, the office may authorize a tax credit of 821 50% of new state revenues from the new commercial project over a period of up to 822 20 years. 823 Section 18. Section 63N-2-107 is amended to read: 824 63N-2-107 . Reports of new state revenue, partial rebates, and tax credits. 825 (1) Before October 1 of each year, the office shall submit a report to the Governor's Office 826 of Planning and Budget, the Office of the Legislative Fiscal Analyst, and the Division of 827 Finance identifying: 828 (a)(i) the total estimated amount of new state revenue created from new commercial 829 projects; 830 (ii) the estimated amount of new state revenue from new commercial projects that 831 will be generated from: 832 (A) sales tax; 833 (B) income tax; and 834 (C) corporate franchise and income tax; and 835 (iii) the minimum number of new incremental jobs and high paying jobs that will be 836 created before any tax credit is awarded; and 837 (b) the total estimated amount of tax credits that the office projects that business entities 838 will qualify to claim under this part. 839 (2) By the first business day of each month, the office shall submit a report to the 840 Governor's Office of Planning and Budget, the Office of the Legislative Fiscal Analyst, 841 and the Division of Finance identifying: 842 (a) each new written agreement that the office entered into since the last report; 843 (b) the estimated amount of new state revenue that will be generated under each written 844 agreement described in Subsection (2)(a); - 25 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 845 (c) the estimated maximum amount of tax credits that a business entity could qualify for 846 under each written agreement described in Subsection (2)(a); and 847 (d) the minimum number of new incremental jobs and high paying jobs that will be 848 created before any tax credit is awarded. 849 (3) At the reasonable request of the Governor's Office of Planning and Budget, the Office 850 of the Legislative Fiscal Analyst, or the Division of Finance, the office shall provide 851 additional information about the tax credit, new incremental jobs and high paying jobs, 852 costs, and economic benefits related to this part, if the information is part of a public 853 record as defined in Section 63G-2-103. 854 [(4) By October 1, the office shall submit to the Economic Development and Workforce 855 Services Interim Committee, the Business, Economic Development, and Labor 856 Appropriations Subcommittee, and the governor, a written report that provides an 857 overview of the implementation and efficacy of the statewide economic development 858 strategy, including an analysis of the extent to which the office's programs are aligned 859 with the prevailing economic conditions expected in the next fiscal year.] 860 Section 19. Section 63N-16-302 is amended to read: 861 63N-16-302 . Proactive regulatory relief efforts. 862 (1) As used in this section: 863 (a) "Regulatory framework" means a framework for determining the risk level to the 864 public if a law or regulation that inhibits the creation or success of new and existing 865 companies or industries were to be permanently removed or temporarily waived. 866 (b) "Risk level" means a level of risk categorized from low, medium, and high. 867 (2) The regulatory relief office may: 868 (a) review, at any time, any existing state laws or regulations that may unnecessarily 869 inhibit the creation or success of companies or industries other than the occupational 870 regulations of individuals reviewed by the Office of Professional Licensure Review 871 under Title 13, Chapter 1b, Office of Professional Licensure Review; and 872 (b) provide recommendations to the governor and the Legislature on modifying those 873 state laws and regulations described in Subsection (2)(a). 874 (3) The regulatory relief office shall: 875 (a) create a regulatory framework; and 876 (b) annually study the laws and regulations of at least two industries selected from: 877 (i) an industry targeted for economic development by the [Unified Economic 878 Opportunity Commission] office as described in Section [63N-1a-202] 63N-1a-302; - 26 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 879 or 880 (ii) an industry designated by the General Regulatory Sandbox Program Advisory 881 Committee for study by the regulatory relief office. 882 (4) In undertaking the review described in Subsection [(3), ] (2), the regulatory relief office 883 shall: 884 (a) identify any law or regulation that the regulatory relief office determines inhibits the 885 creation or success of new and existing companies or industries; 886 (b) apply the regulatory framework to the identified law or regulation; and 887 (c) consider: 888 (i) the history of the identified regulation or law, including the reasons why the 889 regulation or law was originally enacted; 890 (ii) whether the identified regulation or law: 891 (A) creates an unnecessary barrier to industry for businesses; or 892 (B) imposes an unnecessary cost to businesses or consumers; 893 (iii) whether the penalty for violation of the regulation or law, if any, is proportional 894 to the potential harm; and 895 (iv) if there are potentially less burdensome alternatives to the existing regulation or 896 law and apply the regulatory framework to that alternative. 897 (5) The regulatory relief office shall submit as part of the report described in Section 898 63N-16-105: 899 (a) a detailed overview of the regulatory relief office's study of the laws and regulations 900 as described in this section, including the reasons why the laws and regulations of a 901 particular industry were selected for study and the strategy the office implemented to 902 study the laws and regulations of that industry; and 903 (b) recommended changes to a law or regulation identified by the regulatory relief office 904 in Subsection (4) that the regulatory relief office determines: 905 (i) is inhibiting the success of businesses, companies, or industries; and 906 (ii) would not present a high risk level to the public if the law or regulation were 907 permanently removed or temporarily waived. 908 Section 20. Section 72-1-203 is amended to read: 909 72-1-203 . Deputy director -- Appointment -- Qualifications -- Other assistants 910 and advisers -- Salaries. 911 (1) The executive director shall appoint the following deputy directors, who shall serve at 912 the discretion of the executive director: - 27 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 913 (a) the deputy director of engineering and operation, who shall be a registered 914 professional engineer in the state, and who shall be the chief engineer of the 915 department; and 916 (b) the deputy director of planning and investment. 917 (2) As assigned by the executive director, the deputy directors described in Subsection (1) 918 may assist the executive director with the following departmental responsibilities: 919 (a) project development, including statewide standards for project design and 920 construction, right-of-way, materials, testing, structures, and construction; 921 (b) oversight of the management of the region offices described in Section 72-1-205; 922 (c) operations and traffic management; 923 (d) oversight of operations of motor carriers and ports; 924 (e) transportation systems safety; 925 (f) aeronautical operations; 926 (g) equipment for department engineering and maintenance functions; 927 (h) oversight and coordination of planning, including: 928 (i) development of statewide strategic initiatives for planning across all modes of 929 transportation; 930 (ii) coordination with metropolitan planning organizations and local governments; 931 (iii) coordination with a large public transit district, including planning, project 932 development, outreach, programming, environmental studies and impact 933 statements, construction, and impacts on public transit operations; and 934 (iv) corridor and area planning; 935 (i) asset management; 936 (j) programming and prioritization of transportation projects; 937 (k) fulfilling requirements for environmental studies and impact statements; 938 (l) resource investment, including identification, development, and oversight of 939 public-private partnership opportunities; 940 (m) data analytics services to the department; 941 (n) corridor preservation; 942 (o) employee development; 943 (p) maintenance planning; 944 (q) oversight and facilitation of the negotiations and integration of public transit 945 providers described in Section 17B-2a-827; 946 (r) oversight and supervision of any fixed guideway capital development project within - 28 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 947 the boundaries of a large public transit district for which any state funds are 948 expended, including those responsibilities described in Subsections (2)(a), (h), (j), 949 (k), and (l), and the implementation and enforcement of any federal grant obligations 950 associated with fixed guideway capital development project funding; and 951 (s) other departmental responsibilities as determined by the executive director. 952 (3) The executive director shall ensure that the same deputy director does not oversee or 953 supervise both the fixed guideway capital development responsibilities described in 954 Subsection (2)(r) and the department's fixed guideway rail safety responsibilities, 955 including the responsibilities described in Section 72-1-214. 956 (4) The executive director shall ensure that the same deputy director does not oversee or 957 supervise both the authorization of a telecommunication provider to have longitudinal 958 access to state right-of-way as described in Section 72-7-108, and the operations and 959 duties of the Utah Broadband Center created in Section 72-19-201. 960 Section 21. Section 72-1-303 is amended to read: 961 72-1-303 . Duties of commission. 962 (1) The commission has the following duties: 963 (a) determining priorities and funding levels of projects and programs in the state 964 transportation systems and the capital development of new public transit facilities for 965 each fiscal year based on project lists compiled by the department and taking into 966 consideration the strategic initiatives described in Section 72-1-211; 967 (b) determining additions and deletions to state highways under Chapter 4, Designation 968 of State Highways Act; 969 (c) holding public meetings and otherwise providing for public input in transportation 970 matters; 971 (d) making policies and rules in accordance with Title 63G, Chapter 3, Utah 972 Administrative Rulemaking Act, necessary to perform the commission's duties 973 described under this section; 974 (e) in accordance with Section 63G-4-301, reviewing orders issued by the executive 975 director in adjudicative proceedings held in accordance with Title 63G, Chapter 4, 976 Administrative Procedures Act; 977 (f) advising the department on state transportation systems policy; 978 (g) approving settlement agreements of condemnation cases subject to Section 979 63G-10-401; 980 (h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a - 29 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 981 nonvoting member or a voting member on the board of trustees of a public transit 982 district; 983 (i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term 984 and long-range public transit plans; 985 (j) determining the priorities and funding levels of public transit innovation grants, as 986 defined in Section 72-2-401;[ and] 987 (k) approving grant awards administered by the Utah Broadband Center in accordance 988 with Section 17-19-301; and 989 [(k)] (l) reviewing administrative rules made, substantively amended, or repealed by the 990 department. 991 (2)(a) For projects prioritized with funding provided under Sections 72-2-124 and 992 72-2-125, the commission shall annually report to a committee designated by the 993 Legislative Management Committee: 994 (i) a prioritized list of the new transportation capacity projects in the state 995 transportation system and the funding levels available for those projects; and 996 (ii) the unfunded highway construction and maintenance needs within the state. 997 (b) The committee designated by the Legislative Management Committee under 998 Subsection (2)(a) shall: 999 (i) review the list reported by the Transportation Commission; and 1000 (ii) make a recommendation to the Legislature on: 1001 (A) the amount of additional funding to allocate to transportation; and 1002 (B) the source of revenue for the additional funding allocation under Subsection 1003 (2)(b)(ii)(A). 1004 (3) The commission shall review and may approve plans for the construction of a highway 1005 facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval of 1006 Highway Facilities on Sovereign Lands Act. 1007 (4) One or more associations representing airport operators or pilots in the state shall 1008 annually report to the commission recommended airport improvement projects and any 1009 other information related to the associations' expertise and relevant to the commission's 1010 duties. 1011 Section 22. Section 72-19-101, which is renumbered from Section 63N-17-102 is renumbered 1012 and amended to read: 1013 CHAPTER 19. UTAH BROADBAND CENTER 1014 - 30 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 Part 1. General Provisions 1015 [63N-17-102] 72-19-101 . Definitions. 1016 As used in this chapter: 1017 (1) "Broadband center" means the Utah Broadband Center created in Section [63N-17-201] 1018 72-19-201. 1019 (2) "Broadband commission" means the Utah Broadband Center Advisory Commission 1020 created in Section 36-29-109. 1021 [(2)] (3) "Final proposal" means the submission provided by the state to the Assistant 1022 Secretary of Commerce for Communications and Information as part of the state's 1023 BEAD Application, as set forth in 47 U.S.C. Sec. 1702(e)(4). 1024 [(3)] (4) "Initial proposal" means the submission provided by the state to the Assistant 1025 Secretary of Commerce for Communications and Information as part of the state's 1026 BEAD Application, as set forth in 47 U.S.C. Sec. 1702(e)(3). 1027 [(4)] (5) "Letter of intent" means the submission provided by the state to the Assistant 1028 Secretary of Commerce for Communications and Information as part of the state's 1029 BEAD Application, as set forth in 47 U.S.C. Sec. 1702(e)(1)(B). 1030 [(5)] (6) "Public-private partnership" means an arrangement or agreement between a 1031 government entity and one or more private persons to fund and provide for a public need 1032 through the development or operation of a public project in which the private person or 1033 persons share with the government entity the responsibility or risk of developing, 1034 owning, maintaining, financing, or operating the project. 1035 [(6)] (7) "Subgrantee" means an entity that receives funds from the state under: 1036 (a) the Broadband Access Grant Program created in Section [63N-17-301] 72-19-301; or 1037 (b) the Broadband Equity Access and Deployment Grant Program created in Section [ 1038 63N-17-401] 72-19-401. 1039 [(7)] (8) "State BEAD application" means a submission by the state for a grant under the 1040 federal Broadband Equity Access and Deployment Program established under 47 U.S.C. 1041 Sec. 1702(b), consisting of a letter of intent, initial proposal, and final proposal. 1042 Section 23. Section 72-19-201, which is renumbered from Section 63N-17-201 is renumbered 1043 and amended to read: 1044 Part 2. Utah Broadband Center 1045 [63N-17-201] 72-19-201 . Utah Broadband Center -- Creation -- Director -- 1046 Duties. - 31 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 1047 (1) There is created within the [office] department the Utah Broadband Center. 1048 (2) The executive director shall appoint a director of the broadband center to oversee the 1049 operations of the broadband center. 1050 (3) The broadband center shall: 1051 (a) ensure that publicly funded broadband projects continue to be publicly accessible and 1052 provide a public benefit; 1053 (b) develop the statewide digital connectivity plan described in Section [63N-17-203] 1054 72-19-203; 1055 (c) carry out the duties described in Section [63N-17-202] 72-19-202; 1056 (d) administer the Broadband Access Grant Program [in accordance with Part 3, 1057 Broadband Access Grant Program] created in Section 72-19-301; and 1058 (e) administer the Broadband Equity Access and Deployment Grant Program [in 1059 accordance with Part 4, Broadband Equity Access and Deployment Program] created 1060 in Section 72-19-301. 1061 [(f)] (4) The broadband center shall ensure efficiency with respect to: 1062 [(i)] (a) expenditure of funds; and 1063 [(ii)] (b) avoiding duplication of efforts. 1064 [(g)] (5) The broadband center shall consider administering broadband infrastructure funds 1065 in a manner that: 1066 [(i)] (a) efficiently maximizes the leverage of federal funding; 1067 [(ii)] (b) avoids the use of public funds for broadband facilities that duplicate existing 1068 broadband facilities that already meet or exceed federal standards; and 1069 [(iii)] (c) accounts for the benefits and costs to the state of existing facilities, equipment, 1070 and services of public and private broadband providers. 1071 Section 24. Section 72-19-202, which is renumbered from Section 63N-17-202 is renumbered 1072 and amended to read: 1073 [63N-17-202] 72-19-202 . Infrastructure and broadband coordination. 1074 (1) The broadband center shall partner with the Utah Geospatial Resource Center created in 1075 Section 63A-16-505 to collect and maintain a database and interactive map that displays 1076 economic development data statewide, including: 1077 (a) voluntarily submitted broadband availability, speeds, and other broadband data; 1078 (b) voluntarily submitted public utility data; 1079 (c) workforce data, including information regarding: 1080 (i) enterprise zones designated under Section 63N-2-206; - 32 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 1081 (ii) public institutions of higher education; and 1082 (iii) APEX accelerators; 1083 (d) transportation data, which may include information regarding railway routes, 1084 commuter rail routes, airport locations, and major highways; 1085 (e) lifestyle data, which may include information regarding state parks, national parks 1086 and monuments, United States Forest Service boundaries, ski areas, golf courses, and 1087 hospitals; and 1088 (f) other relevant economic development data as determined by the office, including data 1089 provided by partner organizations. 1090 (2) The broadband center may: 1091 (a) make recommendations to state and federal agencies, local governments, the 1092 governor, and the Legislature regarding policies and initiatives that promote the 1093 development of broadband-related infrastructure in the state and help implement 1094 those policies and initiatives; 1095 (b) facilitate coordination between broadband providers and public and private entities; 1096 (c) collect and analyze data on broadband availability and usage in the state, including 1097 Internet speed, capacity, the number of unique visitors, and the availability of 1098 broadband infrastructure throughout the state; 1099 (d) create a voluntary broadband alliance, which shall include broadband providers and 1100 other public and private stakeholders, to solicit input on broadband-related policy 1101 guidance, best practices, and adoption strategies; 1102 (e) work with broadband providers, state and local governments, and other public and 1103 private stakeholders to facilitate and encourage the expansion and maintenance of 1104 broadband infrastructure throughout the state; and 1105 (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds 1106 Procedures Act, and in accordance with federal requirements: 1107 (i) apply for federal grants; 1108 (ii) participate in federal programs; and 1109 (iii) administer federally funded broadband-related programs. 1110 Section 25. Section 72-19-203, which is renumbered from Section 63N-17-203 is renumbered 1111 and amended to read: 1112 [63N-17-203] 72-19-203 . Statewide digital connectivity plan. 1113 As used in this section: 1114 (1) ["Commission" ] "Broadband commission" means the Utah Broadband Center Advisory - 33 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 1115 Commission created in Section 36-29-109. 1116 (2) "Strategic plan" means the statewide digital connectivity plan created in accordance 1117 with Subsections [(2) and ](3) and (4). 1118 (3) The broadband center shall develop the strategic plan. 1119 (4) The strategic plan shall include strategies to: 1120 (a) implement broadband connectivity statewide; 1121 (b) promote digital [equity] access throughout the state; 1122 (c) apply for federal infrastructure funds; and 1123 (d) apply for additional funds. 1124 (5) In developing the strategic plan, the broadband center shall work with the broadband 1125 commission. 1126 [(6) The broadband center shall provide the commission with quarterly status updates 1127 regarding:] 1128 [(a) implementation of the commission's recommendations;] 1129 [(b) the grant programs created in Sections 63N-17-301 and 63N-17-401, including:] 1130 [(i) applications received for grant funding;] 1131 [(ii) grant awards about to be made by the broadband center;] 1132 [(iii) grant awards made by the broadband center; and] 1133 [(iv) projects implemented with grant funding;] 1134 [(c) strategic plan development;] 1135 [(d) strategic plan implementation;] 1136 [(e) grants received in addition to those described in Subsection (6)(b);] 1137 [(f) projects funded in addition to those described in Subsection (6)(b); and] 1138 [(g) recommendations for legislation.] 1139 [(7)] (6) The broadband center shall submit the strategic plan to the broadband commission 1140 for the broadband commission's recommendation before finalizing the strategic plan. 1141 [(8)] (7) On or before October 1 of each year, the broadband center shall report to the 1142 broadband commission and the Public Utilities, Energy, and Technology Interim 1143 Committee regarding status updates. 1144 Section 26. Section 72-19-301, which is renumbered from Section 63N-17-301 is renumbered 1145 and amended to read: 1146 Part 3. Broadband Access Grant Program 1147 [63N-17-301] 72-19-301 . Creation of Broadband Access Grant Program. 1148 (1) As used in this part: - 34 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 1149 (a) "Eligible applicant" means: 1150 (i) a telecommunications provider or an Internet service provider; 1151 (ii) a local government entity and one or more private entities, collectively, who are 1152 parties to a public-private partnership established for the purpose of expanding 1153 affordable broadband access in the state; or 1154 (iii) a tribal government. 1155 (b) "Underserved area" means an area of the state that is underserved in terms of the 1156 area's access to broadband service, as further defined by rule made by the department 1157 in coordination with the broadband center. 1158 (c) "Unserved area" means an area of the state that is unserved in terms of the area's 1159 access to broadband service, as further defined by rule made by the department in 1160 coordination with the broadband center. 1161 (2) There is established a grant program known as the Broadband Access Grant Program 1162 that is administered by the broadband center in accordance with this part. 1163 (3)(a) The broadband center may award a grant under this part to an eligible applicant 1164 that submits to the broadband center an application that includes a proposed project 1165 to extend broadband service to individuals and businesses in an unserved area or an 1166 underserved area by providing last-mile connections to end users. 1167 (b) Subsection (3)(a) does not prohibit the broadband center from awarding a grant for a 1168 proposed project that also includes middle-mile elements that are necessary for the 1169 last-mile connections. 1170 (4) In awarding grants under this part, the broadband center shall: 1171 (a) based on the following criteria and in the order provided, prioritize proposed projects: 1172 (i) located in unserved areas; 1173 (ii) located in underserved areas; 1174 (iii)(A) that the eligible applicant developed after meaningful engagement with the 1175 impacted community to identify the community's needs and innovative means 1176 of providing a public benefit that addresses the community's needs; and 1177 (B) that include, as a component of the proposed project, a long-term public 1178 benefit to the impacted community developed in response to the eligible 1179 applicant's engagement with the community; 1180 (iv) located in an economically distressed area of the state, as measured by indices of 1181 unemployment, poverty, or population loss; 1182 (v) that make the greatest investment in last-mile connections; - 35 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 1183 (vi) that provide higher speed broadband access to end users; and 1184 (vii) for which the eligible applicant provides at least 25% of the money needed for 1185 the proposed project, with higher priority to proposed projects for which the 1186 eligible applicant provides a greater percentage of the money needed for the 1187 proposed project; and 1188 (b) consider the impact of available funding for the proposed project from other sources, 1189 including money from matching federal grant programs. 1190 (5) For a project that the eligible applicant cannot complete in a single fiscal year, the 1191 broadband center may distribute grant proceeds for the project over the course of the 1192 project's construction. 1193 (6)(a) Before awarding a grant under this part, the broadband center shall present the 1194 application described in Subsection (3) to the Transportation Commission for 1195 approval. 1196 (b) In awarding a grant under this part, the broadband center shall ensure that grant 1197 funds are not used by a subgrantee in a manner that causes competition among 1198 projects that are substantially supported by state funds or federal funds subgranted by 1199 the state[, as determine in accordance with rules made by the broadband center in 1200 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act]. 1201 (7) As provided in and subject to the requirements of Title 63G, Chapter 2, Government 1202 Records Access and Management Act, a record submitted to the broadband center that 1203 contains a trade secret or confidential commercial information described in Subsection 1204 63G-2-305(2) is a protected record. 1205 Section 27. Section 72-19-302, which is renumbered from Section 63N-17-302 is renumbered 1206 and amended to read: 1207 [63N-17-302] 72-19-302 . Duties of the broadband center. 1208 (1) The broadband center shall: 1209 (a) establish an application process by which an eligible applicant may apply for a grant 1210 under this part, which application shall include: 1211 (i) a declaration, signed under penalty of perjury, that the application is complete, 1212 true, and correct; and 1213 (ii) an acknowledgment that the eligible applicant is subject to audit; 1214 (b) establish a method for the broadband center to determine which eligible applicants 1215 qualify to receive a grant; 1216 (c) establish a formula to award grant funds; and - 36 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 1217 (d) report the information described in Subsections (1)(a) through (c) to the director of 1218 the Division of Finance. 1219 (2) Subject to appropriation, the broadband center shall: 1220 (a) collect applications for grant funds from eligible applicants; 1221 (b) determine which applicants qualify for receiving a grant; and 1222 (c) award the grant funds in accordance with the process established under Subsection (1) 1223 and in accordance with Section [63N-17-301] 72-19-301. 1224 (3) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 1225 broadband center may make rules to administer the grant program] The department, in 1226 coordination with the broadband center, may make rules in accordance with Title 63G, 1227 Chapter 3, Utah Administrative Rulemaking Act, to administer the grant program. 1228 Section 28. Section 72-19-401, which is renumbered from Section 63N-17-401 is renumbered 1229 and amended to read: 1230 Part 4. Broadband Equity Access and Deployment Grant Program 1231 [63N-17-401] 72-19-401 . Creation of Broadband Equity Access and Deployment 1232 Grant Program. 1233 (1) There is established a grant program known as the Broadband Equity Access and 1234 Deployment Grant Program that is administered by the broadband center in accordance 1235 with: 1236 (a) this part; and 1237 (b) the requirements of the National Telecommunications and Information 1238 Administration's Broadband Equity Access and Deployment Program, 47 U.S.C. Sec. 1239 1702 et seq. 1240 (2) The broadband center shall: 1241 (a) prepare and submit the state's Broadband Equity Access and Deployment application, 1242 including the letter of intent, initial proposal, and final proposal to the National 1243 Telecommunications and Information Administration; 1244 (b) administer the Broadband Equity Access and Deployment Grant Program in 1245 accordance with this section and as approved by the National Telecommunications 1246 and Information Administration; 1247 (c) accept and process an application for subgranted funds; and 1248 [(d) report to the broadband commission quarterly on:] 1249 [(i) the progress of the broadband center's submission described in Subsection (2)(a);] 1250 [(ii) the administration of the program;] - 37 - 2nd Sub. (Gray) H.B. 542 03-01 17:55 1251 [(iii) applications received for subgranted funding;] 1252 [(iv) approved applications for subgranted funds; and] 1253 [(v) projects supported by subgranted funds;] 1254 [(e)] (d) ensure that a subgrantee complies with the state's final proposal to the National 1255 Telecommunications and Information Administration[; and] . 1256 [(f) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 1257 Rulemaking Act, necessary to administer this section.] 1258 (3) The department, in coordination with the broadband center, may make rules in 1259 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to 1260 administer the grant program. 1261 [(3) The broadband commission shall give the broadband center recommendations during 1262 the quarterly reports described in Subsection (2)(d).] 1263 (4) The broadband center may approve an application for subgranted funds if: 1264 (a) the application meets the requirements of this section; 1265 (b) the application meets any rule made pursuant to this section; 1266 (c) the application meets the requirements of the National Telecommunications and 1267 Information Administration's Broadband Equity Access and Deployment Program, 47 1268 U.S.C. Sec. 1702 et seq.; and 1269 (d) the broadband center has informed the [broadband commission] Transportation 1270 Commission about the application[, as] described in Subsection [(2)(d)] (2)(c). 1271 (5) After the broadband center completes a competitive application process for subgranted 1272 funds but before the broadband center notifies the applicant of the award, the broadband 1273 center shall present to the [broadband commission] Transportation Commission on the 1274 subgrant award. 1275 Section 29. Repealer. 1276 This bill repeals: 1277 Section 63N-1a-201, Creation of commission. 1278 Section 63N-1a-202, Commission duties. 1279 Section 63N-1b-102, Subcommittees generally. 1280 Section 63N-1b-401, Definitions. 1281 Section 63N-1b-402, Women in the Economy Subcommittee created. 1282 Section 63N-1b-403, Purpose -- Powers and duties of the subcommittee. 1283 Section 63N-1b-404, Annual report. 1284 Section 63N-3-204, Administration -- Grants and loans. - 38 - 03-01 17:55 2nd Sub. (Gray) H.B. 542 1285 Section 30. FY 2026 Appropriations. 1286 The following sums of money are appropriated for the fiscal year beginning July 1, 1287 2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 1288 fiscal year 2026. 1289 Subsection 30(a). Operating and Capital Budgets 1290 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the 1291 Legislature appropriates the following sums of money from the funds or accounts indicated for 1292 the use and support of the government of the state of Utah. 1293 ITEM 1 To Governor's Office of Economic Opportunity - Economic Prosperity 1294 From General Fund (553,600) 1295 From Federal Funds (200,000) 1296 From Dedicated Credits Revenue (93,700) 1297 Schedule of Programs: 1298 Business Services (847,300) 1299 ITEM 2 To Utah Board of Higher Education - Administration 1300 From General Fund 553,600 1301 From Federal Funds 200,000 1302 From Dedicated Credits Revenue 93,700 1303 Schedule of Programs: 1304 Administration 847,300 1305 The Legislature intends, that if H.B. 542, 1306 Economic Development Amendments, and H.B. 530, 1307 Utah Innovation Lab Modifications, both pass and 1308 become law, on July 1, 2025, the funding appropriated in 1309 H.B. 542 be transferred to the Utah Board of Higher 1310 Education for the Nucleus Institute. The Legislature 1311 further intends that the Office of Legislative Fiscal 1312 Analyst, when preparing the base budget for the 2026 1313 General Session, create a new line item titled within the 1314 Utah Board of Higher Education "Nucleus Institute" and 1315 transfer the funding for the Utah Board of Education - 1316 Administration line item to the newly created item. 1317 Section 31. Effective Date. 1318 This bill takes effect on July 1, 2025. - 39 -