03-07 22:46 9th Sub. (Pumpkin) 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 Office of Homeless Services regarding certain legislative 10 appropriations; 11 ▸ amends provisions of the Governor's Office of Economic Opportunity; 12 ▸ repeals the Unified Economic Opportunity Commission and associated committees and 13 subcommittees; 14 ▸ renumbers and amends the Utah Broadband Center and Access Act; 15 ▸ makes technical and conforming changes; and 16 ▸ provides intent language regarding the transfer of funding from the Utah Board of Higher 17 Education - Administration fund to the Utah Board of Higher Education Nucleus 18 Institute upon passage of this bill and H.B. 530, Utah Innovation Lab Modifications. 19 Money Appropriated in this Bill: 20 This bill transfers money from the funds or accounts of the Governor's Office of 21 Economic Opportunity - Economic Prosperity to the funds or accounts of the Utah Board of 22 Higher Education - Administration. 23 This bill appropriates $1,900,000 in operating and capital budgets for fiscal year 2026, all of 24 which is from the General Fund. 25 Other Special Clauses: 26 This bill provides a special effective date. 27 Utah Code Sections Affected: 28 AMENDS: 9th Sub. H.B. 542 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 29 11-59-203, as last amended by Laws of Utah 2024, Chapter 413 30 35A-8-2203, as last amended by Laws of Utah 2022, Chapters 118, 406 31 36-12-23, as last amended by Laws of Utah 2024, Chapter 506 32 36-29-109, as enacted by Laws of Utah 2022, Chapter 458 33 53B-34-101, as renumbered and amended by Laws of Utah 2022, Chapter 362 34 53B-34-102, as renumbered and amended by Laws of Utah 2022, Chapter 362 35 53B-34-111, as enacted by Laws of Utah 2024, Chapter 482 36 63I-1-263, as last amended by Laws of Utah 2024, Third Special Session, Chapter 4 37 63N-1a-102, as last amended by Laws of Utah 2024, Chapter 159 38 63N-1a-301, as last amended by Laws of Utah 2024, Chapter 159 39 63N-1a-303, as last amended by Laws of Utah 2022, Chapter 362 40 63N-1a-304, as renumbered and amended by Laws of Utah 2021, Chapter 282 41 63N-1a-305, as renumbered and amended by Laws of Utah 2021, Chapter 282 42 63N-1a-306, as last amended by Laws of Utah 2022, Chapter 362 43 63N-1a-401, as last amended by Laws of Utah 2024, Chapter 159 44 63N-2-103, as last amended by Laws of Utah 2024, Chapter 438 45 63N-2-104.3, as last amended by Laws of Utah 2023, Chapter 499 46 63N-2-107, as last amended by Laws of Utah 2024, Chapter 159 47 63N-16-302, as enacted by Laws of Utah 2024, Chapter 157 48 72-1-203, as last amended by Laws of Utah 2024, Chapter 517 49 72-1-303, as last amended by Laws of Utah 2024, Chapter 498 50 ENACTS: 51 35A-16-103, Utah Code Annotated 1953 52 RENUMBERS AND AMENDS: 53 72-19-101, (Renumbered from 63N-17-102, as last amended by Laws of Utah 2024, 54 Chapter 159) 55 72-19-201, (Renumbered from 63N-17-201, as last amended by Laws of Utah 2024, 56 Chapter 159) 57 72-19-202, (Renumbered from 63N-17-202, as last amended by Laws of Utah 2024, 58 Chapter 159) 59 72-19-203, (Renumbered from 63N-17-203, as last amended by Laws of Utah 2024, 60 Chapter 159) 61 72-19-301, (Renumbered from 63N-17-301, as last amended by Laws of Utah 2024, 62 Chapter 159) - 2 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 63 72-19-302, (Renumbered from 63N-17-302, as enacted by Laws of Utah 2021, 64 Chapter 282) 65 72-19-401, (Renumbered from 63N-17-401, as enacted by Laws of Utah 2024, 66 Chapter 159) 67 REPEALS: 68 63N-1a-201, as last amended by Laws of Utah 2024, Chapter 159 69 63N-1a-202, as last amended by Laws of Utah 2024, Chapter 159 70 63N-1b-102, as last amended by Laws of Utah 2022, Chapter 118 71 63N-1b-401, as renumbered and amended by Laws of Utah 2022, Chapter 362 72 63N-1b-402, as last amended by Laws of Utah 2023, Chapter 499 73 63N-1b-403, as last amended by Laws of Utah 2023, Chapter 499 74 63N-1b-404, as last amended by Laws of Utah 2024, Chapter 159 75 63N-3-204, as last amended by Laws of Utah 2022, Chapter 362 76 77 Be it enacted by the Legislature of the state of Utah: 78 Section 1. Section 11-59-203 is amended to read: 79 11-59-203 . Authority duties and responsibilities. 80 (1) As the authority plans, manages, and implements the development of the point of the 81 mountain state land, the authority shall pursue development strategies and objectives 82 designed to: 83 (a) maximize the creation of high-quality jobs and encourage and facilitate a highly 84 trained workforce; 85 (b) ensure strategic residential and commercial growth; 86 (c) promote a high quality of life for residents on and surrounding the point of the 87 mountain state land, including strategic planning to facilitate: 88 (i) jobs close to where people live; 89 (ii) vibrant urban centers; 90 (iii) housing types that incorporate affordability factors and match workforce needs; 91 (iv) parks, connected trails, and open space, including the preservation of natural 92 lands to the extent practicable and consistent with the overall development plan; 93 and 94 (v) preserving and enhancing recreational opportunities; 95 (d) complement the development on land in the vicinity of the point of the mountain 96 state land; - 3 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 97 (e) improve air quality and minimize resource use; 98 (f) accommodate and incorporate the planning, funding, and development of an 99 enhanced and expanded future transit and transportation infrastructure and other 100 investments, including: 101 (i) the acquisition of rights-of-way and property necessary to ensure transit access to 102 the point of the mountain state land; and 103 (ii) a world class mass transit infrastructure, to service the point of the mountain state 104 land and to enhance mobility and protect the environment; and 105 (g) if appropriate, exercise its land use authority to increase the supply of housing in the 106 state. 107 (2) In planning the development of the point of the mountain state land, the authority shall: 108 (a) consult with applicable governmental planning agencies, including: 109 (i) relevant metropolitan planning organizations; and 110 (ii) Draper City and Salt Lake County planning and governing bodies;[ and] 111 [(iii) in regards to the factors described in Subsections (1)(c)(i) and (iii), the Unified 112 Economic Opportunity Commission created in Section 63N-1a-201;] 113 (b) research and explore the feasibility of attracting a nationally recognized research 114 center; and 115 (c) research and explore the appropriateness of including labor training centers and a 116 higher education presence on the point of the mountain state land. 117 Section 2. Section 35A-8-2203 is amended to read: 118 35A-8-2203 . Duties of the commission. 119 (1) The commission shall: 120 [(a) serve as a subcommittee of the Unified Economic Opportunity Commission and 121 assist the Unified Economic Opportunity Commission in performing the Unified 122 Economic Opportunity Commission's duties under Section 63N-1a-202;] 123 [(b)] (a) increase public and government awareness and understanding of the housing 124 affordability needs of the state and how those needs may be most effectively and 125 efficiently met, through empirical study and investigation; 126 [(c)] (b) identify and recommend implementation of specific strategies, policies, 127 procedures, and programs to address the housing affordability needs of the state; 128 [(d)] (c) facilitate the communication and coordination of public and private entities that 129 are involved in developing, financing, providing, advocating for, and administering 130 affordable housing in the state; - 4 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 131 [(e)] (d) study, evaluate, and report on the status and effectiveness of policies, 132 procedures, and programs that address housing affordability in the state; 133 [(f)] (e) study and evaluate the policies, procedures, and programs implemented by other 134 states that address housing affordability; 135 [(g)] (f) provide a forum for public comment on issues related to housing affordability; 136 [(h)] (g) provide recommendations to the [Unified Economic Opportunity Commission 137 and the ]Legislature on strategies, policies, procedures, and programs to address the 138 housing affordability needs of the state; and 139 [(i)] (h) on or before December 31, 2022, approve the methodology developed by the 140 division under Subsection 35A-8-803(1)(a)(ix). 141 (2) To accomplish its duties, the commission may: 142 (a) request and receive from a state or local government agency or institution summary 143 information relating to housing affordability, including: 144 (i) reports; 145 (ii) audits; 146 (iii) projections; and 147 (iv) statistics; and 148 (b) appoint one or more advisory groups to advise and assist the commission. 149 (3)(a) A member of an advisory group described in Subsection (2)(b): 150 (i) shall be appointed by the commission; 151 (ii) may be: 152 (A) a member of the commission; or 153 (B) an individual from the private or public sector; and 154 (iii) notwithstanding Section 35A-8-2202, may not receive reimbursement or pay for 155 any work done in relation to the advisory group. 156 (b) An advisory group described in Subsection (2)(b) shall report to the commission on 157 the progress of the advisory group. 158 Section 3. Section 35A-16-103 is enacted to read: 159 35A-16-103 . Applicability. 160 The provisions of this chapter governing funding for the provision of homeless services 161 do not apply to money the Legislature appropriates for a direct award grant governed by Title 162 63G, Chapter 6b, State Grants. 163 Section 4. Section 36-12-23 is amended to read: 164 36-12-23 . Legislative committees -- Staffing. - 5 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 165 (1) As used in this section: 166 (a) "Chair" means a presiding officer or a co-presiding officer of a committee. 167 (b) "Committee" means a standing committee, interim committee, subcommittee, special 168 committee, authority, commission, council, task force, panel, or board in which 169 legislative participation is required by statute or legislative rule. 170 (c) "Legislative committee" means a committee: 171 (i) formed by the Legislature to study or oversee subjects of legislative concern; and 172 (ii) that is required by statute or legislative rule to have a chair who is a legislator. 173 (d) "Legislator" means a member of either chamber of the Legislature. 174 (e) "Professional legislative office" means the Office of Legislative Research and 175 General Counsel, the Office of the Legislative Fiscal Analyst, the Office of the 176 Legislative Auditor General, or similar office of the Legislature. 177 (2)(a) Except as provided in Subsections (3) and (4), a professional legislative office 178 shall provide each legislative committee's staff support, regardless of whether statute 179 or legislative rule directs another entity to provide the staff support. 180 (b) Unless a legislative committee's enacting statute or legislative rule names a particular 181 professional legislative office to provide the legislative committee's staff support, the 182 professional legislative offices shall select, based on subject matter expertise, which 183 professional legislative office will staff the legislative committee. 184 (3)(a) Subject to Subsection (3)(b), the provisions of this section control over any 185 conflicting provision of statute or legislative rule. 186 (b)(i) If another provision of statute or legislative rule directs an entity other than a 187 professional legislative office to provide a legislative committee's staff support, 188 notwithstanding Subsection (2), a legislator who is a chair of the legislative 189 committee may elect to have the other entity provide the legislative committee's 190 staff support. 191 (ii) If the legislative committee has more than one chair who is a legislator, the chairs 192 who are legislators shall collectively make the election under Subsection (3)(b)(i). 193 (iii) A chair or chairs who make an election under Subsection (3)(b)(i) may change 194 the chair's or chairs' election no more than once each calendar year. 195 (4) This section does not apply to: 196 (a) the Point of the Mountain State Land Authority created in Section 11-59-201; 197 (b) the Utah Broadband Center Advisory Commission created in Section 36-29-109; 198 (c) the Blockchain and Digital Innovation Task Force created in Section 36-29-110; - 6 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 199 (d) the Public Safety Data Management Task Force created in Section 36-29-111; 200 (e) the Constitutional Defense Council created in Section 63C-4a-202; 201 [(f) the Women in the Economy Subcommittee created in Section 63N-1b-402;] 202 [(g)] (f) the House Ethics Committee established under Legislative Joint Rule JR6-2-101; 203 or 204 [(h)] (g) the Senate Ethics Committee established under Legislative Joint Rule JR6-2-101. 205 Section 5. Section 36-29-109 is amended to read: 206 36-29-109 . Utah Broadband Center Advisory Commission. 207 (1) As used in this section: 208 (a) "Broadband infrastructure funds" means the funds available for broadband 209 infrastructure pursuant to: 210 (i) the Infrastructure Investment and Jobs Act, Pub. L. No. 115-58; 211 (ii) legislative appropriations; and 212 (iii) state and federal grants. 213 (b) ["Center"] "Broadband center" means the Utah Broadband Center created in Section [ 214 63N-17-201] 72-19-201. 215 (c) ["Commission" ] "Broadband commission" means the Utah Broadband Center 216 Advisory Commission created in Subsection (2). 217 (d) "Strategic plan" means the statewide digital connectivity plan described in Section [ 218 63N-17-203] 72-19-203. 219 (2) There is created the Utah Broadband Center Advisory Commission consisting of the 220 following nine voting members: 221 (a) two members of the Senate, appointed by the president of the Senate; 222 (b) two members of the House of Representatives, appointed by the speaker of the 223 House of Representatives; 224 (c) the executive director of the Governor's Office of Planning and Budget, or the 225 executive director's designee; 226 (d) the governor shall appoint four members who currently work in the public sector and 227 who have professional experience in: 228 (i) broadband or broadband infrastructure; 229 (ii) applying for federal grants; or 230 (iii) financing infrastructure. 231 (3) In addition to the nine voting members, the director of the broadband center, or the 232 director's designee, shall serve on the broadband commission in a nonvoting capacity. - 7 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 233 (4)(a) The president of the Senate shall designate one of the members described in 234 Subsection (2)(a) to serve as cochair of the broadband commission. 235 (b) The speaker of the House of Representatives shall designate one of the members 236 described in Subsection (2)(b) to serve as cochair of the broadband commission. 237 (5)(a) If a vacancy occurs in the membership of the broadband commission, the member 238 shall be replaced in the same manner in which the original appointment was made. 239 (b) A member shall serve until the member's successor is appointed and qualified. 240 (6)(a) A majority of the members of the broadband commission constitutes a quorum. 241 (b) The action of a majority of a quorum constitutes an action of the broadband 242 commission. 243 (7)(a) Salaries and expenses of the members of the broadband commission who are 244 legislators shall be paid in accordance with: 245 (i) Section 36-2-2; 246 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation 247 Expenses; and 248 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. 249 (b) A member of the broadband commission who is not a legislator may not receive 250 compensation for the member's work associated with the broadband commission but 251 may receive per diem and reimbursement for travel expenses incurred as a member of 252 the broadband commission at the rates established by the Division of Finance under: 253 (i) Sections 63A-3-106 and 63A-3-107; and 254 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 255 and 63A-3-107. 256 (8) The broadband center shall provide staff support to the broadband commission. 257 (9) The broadband commission shall: 258 (a) make recommendations to the broadband center with respect to: 259 (i) strategic plan development; and 260 (ii) the application for and use of broadband infrastructure funds; 261 (b) solicit input from relevant stakeholders, including: 262 (i) public and private entities who may assist in developing and implementing the 263 strategic plan; and 264 (ii) public and private entities whom the strategic plan may impact; 265 (c) provide recommendations for strategic plan development and implementation based 266 on the input described in Subsection (9)(b); - 8 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 267 (d) review strategic plan drafts; and 268 (e) recommend changes. 269 (10) The broadband commission shall meet as needed. 270 Section 6. Section 53B-34-101 is amended to read: 271 53B-34-101 . Definitions. 272 As used in this chapter: 273 (1) "Apprenticeship program" means a program that: 274 (a) combines paid on-the-job learning with formal classroom instruction to prepare 275 students for careers; and 276 (b) includes: 277 (i) structured on-the-job learning for students under the supervision of a skilled 278 employee; 279 (ii) classroom instruction for students related to the on-the-job learning; 280 (iii) ongoing student assessments using established competency and skills standards; 281 and 282 (iv) the student receiving an industry-recognized credential or degree upon 283 completion of the program. 284 (2) "Career and technical education region" means an economic service area created in 285 Section 35A-2-101. 286 (3) "GOEO" means the Governor's Office of Economic Opportunity created in Section 287 63N-1a-301. 288 [(3) "Commission" means the Unified Economic Opportunity Commission created in 289 Section 63N-1a-201.] 290 (4) "High quality professional learning" means the professional learning standards for 291 teachers and principals described in Section 53G-11-303. 292 (5) "Institution of higher education" means the University of Utah, Utah State University, 293 Southern Utah University, Weber State University, Snow College, Utah Tech 294 University, Utah Valley University, or Salt Lake Community College. 295 (6) "Local education agency" means a school district, a charter school, or the Utah Schools 296 for the Deaf and the Blind. 297 (7) "Master plan" means the computer science education master plan described in Section 298 53B-34-105. 299 (8) "Participating employer" means an employer that: 300 (a) partners with an educational institution on a curriculum for an apprenticeship - 9 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 301 program or work-based learning program; and 302 (b) provides an apprenticeship or work-based learning program for students. 303 (9) "State board" means the State Board of Education. 304 (10) "Talent board" means the Talent, Education, and Industry Alignment Board created in 305 Section 53B-34-102. 306 (11) "Talent program" means the Talent Ready Utah Program created in Section 307 53B-34-103. 308 (12) "Targeted industry" means an industry or group of industries targeted by [the 309 commission ] GOEO for economic development in the state. 310 (13) "Technical college" means: 311 (a) the same as that term is defined in Section 53B-1-101.5; and 312 (b) a degree-granting institution acting in the degree-granting institution's technical 313 education role described in Section 53B-2a-201. 314 (14)(a) "Work-based learning program" means a program that combines structured and 315 supervised learning activities with authentic work experiences and that is 316 implemented through industry and education partnerships. 317 (b) "Work-based learning program" includes the following objectives: 318 (i) providing students an applied workplace experience using knowledge and skills 319 attained in a program of study that includes an internship, externship, or work 320 experience; 321 (ii) providing an educational institution with objective input from a participating 322 employer regarding the education requirements of the current workforce; and 323 (iii) providing funding for programs that are associated with high-wage, in-demand, 324 or emerging occupations. 325 (15) "Workforce programs" means education or industry programs that facilitate training 326 the state's workforce to meet industry demand. 327 Section 7. Section 53B-34-102 is amended to read: 328 53B-34-102 . Talent, Education, and Industry Alignment Board -- Creation -- 329 Membership -- Expenses -- Duties. 330 (1) There is created the Talent, Education, and Industry Alignment Board composed of the 331 following members: 332 (a) the state superintendent of public instruction or the superintendent's designee; 333 (b) the commissioner or the commissioner's designee; 334 (c) the chair of the State Board of Education or the chair's designee; - 10 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 335 (d) the executive director of the Department of Workforce Services or the executive 336 director's designee; 337 (e) the executive director of the Governor's Office of Economic Opportunity or the 338 executive director's designee; 339 (f) the director of the Division of Professional Licensing or the director's designee; 340 (g) the governor's education advisor or the advisor's designee; 341 (h) one member of the Senate, appointed by the president of the Senate; 342 (i) one member of the House of Representatives, appointed by the speaker of the House 343 of Representatives; 344 (j) the president of the Salt Lake Chamber or the president's designee; 345 (k) six representatives of private industry chosen to represent targeted industries, 346 appointed by [the commission] GOEO; 347 (l) the lieutenant governor or the lieutenant governor's designee; and 348 (m) any additional individuals appointed by [the commission] GOEO who represent: 349 (i) one or more individual educational institutions; or 350 (ii) education or industry professionals. 351 (2) The talent board shall select a chair and vice chair from among the members of the 352 talent board. 353 (3) The talent board shall meet at least quarterly. 354 (4) Attendance of a majority of the members of the talent board constitutes a quorum for 355 the transaction of official talent board business. 356 (5) Formal action by the talent board requires the majority vote of a quorum. 357 (6) A member of the talent board: 358 (a) may not receive compensation or benefits for the member's service; and 359 (b) who is not a legislator may receive per diem and travel expenses in accordance with: 360 (i) Section 63A-3-106; 361 (ii) Section 63A-3-107; and 362 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 363 63A-3-107. 364 (7) The talent board shall: 365 (a)(i) review and develop metrics to measure the progress, performance, 366 effectiveness, and scope of any state operation, activity, program, or service that 367 primarily involves employment training or placement; and 368 (ii) ensure that the metrics described in Subsection (7)(a) are consistent and - 11 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 369 comparable for each state operation, activity, program, or service that primarily 370 involves employment training or placement; 371 (b) make recommendations to the board and [the commission] GOEO regarding how to 372 better align training and education in the state with industry demand; 373 (c) make recommendations to the board and [the commission] GOEO regarding how to 374 better align technical education with current and future workforce needs; 375 (d) coordinate with the talent program to meet the responsibilities described in [ 376 Subsection 53B-34-103(4)] Section 53B-34-103; 377 (e) develop a computer science education master plan in accordance with Section 378 53B-34-105; 379 (f) coordinate with the talent program to meet the responsibilities described in Section 380 53B-34-107; and 381 (g) administer the Utah Works Program in accordance with Section 53B-34-108. 382 (8) Nothing in this section prohibits an individual who, on June 30, 2022, is a member of a 383 subcommittee within the Governor's Office of Economic Opportunity known as the 384 Talent, Education, and Industry Alignment Subcommittee from serving as a member of 385 the talent board. 386 Section 8. Section 53B-34-111 is amended to read: 387 53B-34-111 . Youth apprenticeship governance study. 388 (1) As used in this section: 389 (a) "Apprenticeship" means the same as the term is defined in Section 35A-6-102. 390 (b) "Study" means the study created in Subsection (2). 391 (2) There is created a study to design a framework and system for maximizing efficiencies 392 and expanding youth apprenticeship opportunities for students. 393 (3) The study shall be conducted collaboratively by the following entities: 394 (a) the [Governor's Office] governor's office; 395 (b) the State Board of Education; 396 (c) the Department of Workforce Services; 397 (d) the Talent Ready Utah Program; and 398 (e) relevant participating employers as determined by the entities described in 399 Subsections (3)(a) through (d). 400 (4) The study shall examine framework and system design recommendations regarding: 401 (a) ways to increase youth apprenticeship offerings; 402 (b) increasing student and employer participation in youth apprenticeships; - 12 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 403 (c) formalizing roles and streamlining use of existing infrastructure described in: 404 (i) Title 35A, Chapter 6, Apprenticeship Act; 405 (ii) Title 53B, Chapter 34, Talent, Education, and Industry Alignment, including the 406 role of the state apprenticeship intermediary described in Section 53B-34-103; and 407 (iii) Section 53G-7-902; 408 (d) aligning youth apprenticeship efforts to meet the definition of youth apprenticeship 409 defined in Section 35A-6-102; 410 (e) identifying metrics to assess the success of youth apprenticeship programs; 411 (f) opportunities to leverage secondary and post-secondary educational programs in 412 conjunction with youth apprenticeships, including: 413 (i) career and technical education; 414 (ii) concurrent enrollment; and 415 (iii) stackable credentials; and 416 (g) the creation of career competencies to prepare a qualified workforce. 417 (5) The staff of the Talent Ready Utah Program shall staff the study. 418 (6) No later than May 1, 2025, the entities described in [Subsections (3)(a) through (e)] 419 Subsection (3) shall report the recommendations described in Subsection (4) to[:] 420 [(a)] the talent board[; and] . 421 [(b) the Unified Economic Opportunity Commission.] 422 Section 9. Section 63I-1-263 is amended to read: 423 63I-1-263 . Repeal dates: Titles 63A to 63O. 424 (1) Subsection 63A-5b-405(5), regarding prioritizing and allocating capital improvement 425 funding, is repealed July 1, 2024. 426 (2) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1, 427 2028. 428 (3) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1, 2025. 429 (4) Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed 430 December 31, 2026. 431 (5) Title 63C, Chapter 23, Education and Mental Health Coordinating Committee, is 432 repealed December 31, 2024. 433 (6) Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027. 434 (7) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032. 435 (8) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026. 436 (9) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July - 13 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 437 1, 2028. 438 (10) Section 63G-6a-805, Purchase from community rehabilitation programs, is repealed 439 July 1, 2026. 440 (11) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028. 441 (12) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1, 442 2029. 443 (13) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026. 444 (14) Subsection 63J-1-602.2(16), related to the Communication Habits to reduce 445 Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029. 446 (15) Subsection 63J-1-602.2(26), regarding the Utah Seismic Safety Commission, is 447 repealed January 1, 2025. 448 (16) Section 63L-11-204, Canyon resource management plan, is repealed July 1, 2025. 449 (17) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is 450 repealed July 1, 2027. 451 (18) Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is 452 repealed July 1, 2027. 453 (19) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses, is 454 repealed July 1, 2029. 455 (20) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026. 456 [(21) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed 457 January 1, 2030.] 458 [(22)] (21) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028. 459 [(23)] (22) Subsection 63N-2-511(1)(b), regarding the Board of Tourism Development, is 460 repealed July 1, 2025. 461 [(24)] (23) Section 63N-2-512, Hotel Impact Mitigation Fund, is repealed July 1, 2028. 462 [(25)] (24) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is 463 repealed July 1, 2027. 464 [(26)] (25) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is 465 repealed July 1, 2025. 466 [(27)] (26) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed 467 July 1, 2028. 468 [(28)] (27) Section 63N-4-804, which creates the Rural Opportunity Advisory Committee, is 469 repealed July 1, 2027. 470 [(29)] (28) Subsection 63N-4-805(5)(b), regarding the Rural Employment Expansion - 14 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 471 Program, is repealed July 1, 2028. 472 [(30)] (29) Subsection 63N-7-101(1), regarding the Board of Tourism Development, is 473 repealed July 1, 2025. 474 [(31)] (30) Subsection 63N-7-102(3)(c), regarding a requirement for the Utah Office of 475 Tourism to receive approval from the Board of Tourism Development, is repealed July 476 1, 2025. 477 [(32)] (31) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1, 478 2025. 479 Section 10. Section 63N-1a-102 is amended to read: 480 63N-1a-102 . Definitions. 481 As used in this title: 482 (1) "Baseline jobs" means the number of full-time employee positions that existed within a 483 business entity in the state before the date on which a project related to the business 484 entity is approved by the office or by the GOEO board. 485 (2) "Baseline state revenue" means the amount of state tax revenue collected from a 486 business entity or the employees of a business entity during the year before the date on 487 which a project related to the business entity is approved by the office or by the GOEO 488 board. 489 [(3) "Commission" means the Unified Economic Opportunity Commission created in 490 Section 63N-1a-201.] 491 [(4)] (3) "Economic opportunity agency" includes: 492 (a) the Department of Workforce Services; 493 (b) the Department of Cultural and Community Engagement; 494 (c) the Department of Commerce; 495 (d) the Department of Natural Resources; 496 (e) the Office of Energy Development; 497 (f) the State Board of Education; 498 (g) institutions of higher education; 499 (h) the Utah Multicultural Commission; 500 (i) the World Trade Center Utah; 501 (j) local government entities; 502 (k) associations of governments; 503 (l) the Utah League of Cities and Towns; 504 (m) the Utah Association of Counties; - 15 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 505 (n) the Economic Development Corporation of Utah; 506 (o) the Small Business Administration; 507 (p) chambers of commerce; 508 (q) industry associations; 509 (r) small business development centers; and 510 (s) other entities identified by the commission or the executive director. 511 [(5)] (4) "Executive director" means the executive director of the office. 512 [(6)] (5) "Full-time employee" means an employment position that is filled by an employee 513 who works at least 30 hours per week and: 514 (a) may include an employment position filled by more than one employee, if each 515 employee who works less than 30 hours per week is provided benefits comparable to 516 a full-time employee; and 517 (b) may not include an employment position that is shifted from one jurisdiction in the 518 state to another jurisdiction in the state. 519 [(7)] (6) "GOEO board" means the Board of Economic Opportunity created in Section 520 63N-1a-401. 521 [(8)] (7) "High paying job" means a newly created full-time employee position where the 522 aggregate average annual gross wage of the employment position, not including health 523 care or other paid or unpaid benefits, is: 524 (a) at least 110% of the average wage of the county in which the employment position 525 exists; or 526 (b) for an employment position related to a project described in Chapter 2, Part 1, 527 Economic Development Tax Increment Financing, and that is located within the 528 boundary of a county of the third, fourth, fifth, or sixth class, or located within a 529 municipality in a county of the second class and where the municipality has a 530 population of 10,000 or less: 531 (i) at least 100% of the average wage of the county in which the employment position 532 exists; or 533 (ii) an amount determined by rule made by the office in accordance with Title 63G, 534 Chapter 3, Utah Administrative Rulemaking Act, if the office determines the 535 project is in a county experiencing economic distress. 536 [(9)] (8)(a) "Incremental job" means a full-time employment position in the state that: 537 (i) did not exist within a business entity in the state before the beginning of a project 538 related to the business entity; and - 16 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 539 (ii) is created in addition to the number of baseline jobs that existed within a business 540 entity. 541 (b) "Incremental job" includes a full-time employment position where the employee is 542 hired: 543 (i) directly by a business entity; or 544 (ii) by a professional employer organization, as defined in Section 31A-40-102, on 545 behalf of a business entity. 546 [(10)] (9) "New state revenue" means the state revenue collected from a business entity or a 547 business entity's employees during a calendar year minus the baseline state revenue 548 calculation. 549 [(11)] (10) "Office" or "GOEO" means the Governor's Office of Economic Opportunity. 550 [(12)] (11) "State revenue" means state tax liability paid by a business entity or a business 551 entity's employees under any combination of the following provisions: 552 (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes; 553 (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and 554 Information; 555 (c) Title 59, Chapter 10, Part 2, Trusts and Estates; 556 (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and 557 (e) Title 59, Chapter 12, Sales and Use Tax Act. 558 [(13)] (12) "State strategic goals" means the strategic goals listed in Section 63N-1a-103. 559 [(14)] (13) "Statewide economic development strategy" means the economic development 560 strategy developed by the [commission in accordance with Section 63N-1a-202] office in 561 accordance with Section 63N-1a-301. 562 [(15) "Talent board" means the Talent, Education, and Industry Alignment Board created in 563 Section 53B-34-102.] 564 [(16)] (14) "Targeted industry" means an industry or group of industries targeted by the [ 565 commission under Section 63N-1a-202] office under Section 63N-1a-301, for economic 566 development in the state. 567 Section 11. Section 63N-1a-301 is amended to read: 568 63N-1a-301 . Creation of office -- Responsibilities. 569 (1) There is created the Governor's Office of Economic Opportunity. 570 (2) The office is: 571 (a) responsible for creating and implementing the statewide economic development 572 strategy [developed by the commission; and] that: - 17 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 573 (i) unifies and coordinates economic development efforts in the state; 574 (ii) includes key performance indicators for long-term progress toward the state 575 strategic goals; 576 (iii) establishes reporting and accountability processes for the key performance 577 indicators; and 578 (iv) ensures the success of statewide economic development; and 579 (b) the industrial and business promotion authority of the state. 580 (3) The office shall: 581 (a) consistent with the statewide economic development strategy, coordinate and align 582 into a single effort the activities of the economic opportunity agencies in the field of 583 economic development; 584 (b) provide support and direction to economic opportunity agencies in establishing 585 goals, metrics, and activities that align with the statewide economic development 586 strategy; 587 (c) administer and coordinate state and federal economic development grant programs; 588 (d) promote and encourage the economic, commercial, financial, industrial, agricultural, 589 and civic welfare of the state; 590 (e) develop the statewide economic development strategy consistent with the state water 591 policy described in Section 73-1-21, including the state's commitment to appropriate: 592 (i) conservation; 593 (ii) efficient and optimal use of water resources; 594 (iii) infrastructure development and improvement; 595 (iv) optimal agricultural use; 596 (v) water quality; 597 (vi) reasonable access to recreational activities; 598 (vii) effective wastewater treatment; and 599 (viii) protecting and restoring health ecosystems; 600 (f) at least once every five years, identify which industry or groups of industries shall be 601 targeted for economic development in the state; 602 [(e)] (g) promote and encourage the employment of workers in the state and the purchase 603 of goods and services produced in the state by local businesses; 604 [(f)] (h) act to create, develop, attract, and retain business, industry, and commerce in the 605 state: 606 (i) in accordance with the statewide economic development [plan and commission - 18 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 607 directives] strategy; and 608 (ii) subject to the restrictions in Section 11-41-103; 609 [(g)] (i) act to enhance the state's economy; 610 (j) analyze the state's projected long-term population and economic growth and plan for 611 the anticipated impacts of the projected growth in a manner that improves quality of 612 life and is consistent with the statewide economic development strategy and state 613 strategic goals; 614 [(h)] (k) act to assist strategic industries that are likely to drive future economic growth; 615 [(i)] (l) assist communities in the state in developing economic development capacity and 616 coordination with other communities; 617 (m) develop strategies and plans to ensure comprehensive economic development efforts 618 are targeted to the unique needs of rural areas of the state; 619 [(j)] (n) identify areas of education and workforce development in the state that can be 620 improved to support economic and business development; 621 [(k)] (o) [consistent with direction from the commission, ]develop core strategic 622 priorities for the office, which may include: 623 (i) enhancing statewide access to entrepreneurship opportunities and small business 624 support; 625 (ii) focusing industry recruitment and expansion of targeted industries; 626 (iii) ensuring that in awarding competitive economic development incentives the 627 office accurately measures the benefits and costs of the incentives; and 628 (iv) assisting communities with technical support to aid those communities in 629 improving economic development opportunities; 630 [(l)] (p) submit an annual written report as described in Section 63N-1a-306; and 631 [(m)] (q) perform other duties as provided by the Legislature. 632 (4) To perform the office's duties under this title, the office may: 633 (a) enter into a contract or agreement with, or make a grant to, a public or private entity, 634 including a municipality, if the contract or agreement is not in violation of state 635 statute or other applicable law; 636 (b) except as provided in Subsection (4)(c), receive and expend funds from a public or 637 private source for any lawful purpose that is in the state's best interest; and 638 (c) solicit and accept a contribution of money, services, or facilities from a public or 639 private donor, but may not use the contribution for publicizing the exclusive interest 640 of the donor. - 19 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 641 (5) Money received under Subsection (4)(c) shall be deposited into the General Fund as 642 dedicated credits of the office. 643 [(6)(a) The office shall:] 644 [(i) obtain the advice of the GOEO board before implementing a change to a policy, 645 priority, or objective under which the office operates; and] 646 [(ii) provide periodic updates to the commission regarding the office's efforts under 647 Subsections (3)(a) and (b).] 648 [(b) Subsection (6)(a)(i) does not apply to the routine administration by the office of 649 money or services related to the assistance, retention, or recruitment of business, 650 industry, or commerce in the state.] 651 Section 12. Section 63N-1a-303 is amended to read: 652 63N-1a-303 . Powers and duties of executive director. 653 (1) Unless otherwise expressly provided by statute, the executive director may organize the 654 office in any appropriate manner, including the appointment of deputy directors of the 655 office. 656 (2) The executive director may consolidate personnel and service functions for efficiency 657 and economy in the office. 658 (3) The executive director, with the approval of the governor: 659 (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal 660 Funds Procedures Act, seek federal grants, loans, or participation in federal programs; 661 (b) may enter into a lawful contract or agreement with another state, a chamber of 662 commerce organization, a service club, or a private entity; and 663 (c) shall annually prepare and submit to the governor a budget of the office's financial 664 requirements. 665 (4) With the governor's approval, if a federal program requires the expenditure of state 666 funds as a condition for the state to participate in a fund, property, or service, the 667 executive director may expend necessary funds from money provided by the Legislature 668 for the use of the office. 669 (5) The executive director shall coordinate with the executive directors of the Department 670 of Workforce Services and the Governor's Office of Planning and Budget to review data 671 and metrics to be reported to the Legislature as described in [Subsection 672 63N-1a-306(2)(b)] Section 63N-1a-306. 673 (6) Unless otherwise provided in this title, the executive director may make rules in 674 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as - 20 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 675 necessary for the administration of programs established under state law. 676 Section 13. Section 63N-1a-304 is amended to read: 677 63N-1a-304 . Executive director and the Public Service Commission. 678 (1) The executive director or the executive director's designee shall: 679 (a) become generally informed of significant rate cases and policy proceedings before 680 the Public Service Commission; and 681 (b) monitor and study the potential economic development impact of [these] the 682 proceedings. 683 (2) In the discretion of the executive director or the executive director's designee, the office 684 may appear in a proceeding before the Public Service Commission to testify, advise, or 685 to present argument regarding the economic development impact of a matter that is the 686 subject of the proceeding. 687 Section 14. Section 63N-1a-305 is amended to read: 688 63N-1a-305 . Incentive review process. 689 [The Legislature intends that the] The office [will] shall develop an [incentives] incentive 690 review process under the direction of the speaker of the House of Representatives and the 691 president of the Senate. 692 Section 15. Section 63N-1a-306 is amended to read: 693 63N-1a-306 . Annual report -- Content -- Format. 694 (1) The office shall prepare and submit to the governor and the Legislature, by October 1 of 695 each year, an annual written report of the operations, activities, programs, and services 696 of the office, including the divisions, sections, boards, commissions, councils, and 697 committees established under this title, for the preceding fiscal year. 698 (2) For each operation, activity, program, or service provided by the office, the annual 699 report shall include: 700 (a) a description of the operation, activity, program, or service; 701 (b) data and metrics: 702 (i) selected and used by the office to measure progress, performance, effectiveness, 703 and scope of the operation, activity, program, or service, including summary data; 704 and 705 (ii) that are consistent and comparable for each state operation, activity, program, or 706 service that primarily involves employment training or placement as determined 707 by the executive directors of the office, the Department of Workforce Services, 708 and the Governor's Office of Planning and Budget; - 21 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 709 (c) budget data, including the amount and source of funding, expenses, and allocation of 710 full-time employees for the operation, activity, program, or service; 711 (d) historical data from previous years for comparison with data reported under 712 Subsections (2)(b) and (c); 713 (e) goals, challenges, and achievements related to the operation, activity, program, or 714 service; 715 (f) relevant federal and state statutory references and requirements; 716 (g) contact information of officials knowledgeable and responsible for each operation, 717 activity, program, or service; and 718 (h) other information determined by the office that: 719 (i) may be needed, useful, or of historical significance; or 720 (ii) promotes accountability and transparency for each operation, activity, program, 721 or service with the public and elected officials. 722 (3) The annual report shall be designed to provide clear, accurate, and accessible 723 information to the public, the governor, and the Legislature. 724 (4) The office shall: 725 (a) submit the annual report in accordance with Section 68-3-14; and 726 (b) make the annual report, and previous annual reports, accessible to the public by 727 placing a link to the reports on the office's website[; and] . 728 [(c) provide the data and metrics described in Subsection (2)(b) to the talent board.] 729 Section 16. Section 63N-1a-401 is amended to read: 730 63N-1a-401 . Creation of Board of Economic Opportunity. 731 (1)(a) There is created within the office the Board of Economic Opportunity, consisting 732 of nine members appointed by the [chair of the commission] executive director of the 733 office, in consultation with the [executive director] governor, to four-year terms of 734 office with the advice and consent of the Senate in accordance with Title 63G, 735 Chapter 24, Part 2, Vacancies. 736 (b) The nine members described in Subsection (1)(a) shall include: 737 (i) one member associated with the state's rural communities; 738 (ii) one member associated with direct entrepreneurship in the state; 739 (iii) one member associated with higher education in the state; 740 (iv) five members, other than the members described in Subsections (1)(b)(i) through 741 (iii), that are associated with a targeted industry; and 742 (v) one at-large member. - 22 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 743 (c) Notwithstanding the requirements of Subsection (1)(a), the [chair of the commission] 744 executive director shall, at the time of appointment or reappointment, adjust the 745 length of terms to ensure that the terms of board members are staggered so that 746 approximately half of the board is appointed every two years. 747 (d) The members may not serve more than two full consecutive terms except when the [ 748 chair of the commission] executive director determines that an additional term is in 749 the best interest of the state. 750 (2) When a vacancy occurs in the membership for any reason, the replacement shall be 751 appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, 752 Vacancies. 753 (3) A majority of board members, not including a vacancy, constitutes a quorum for 754 conducting board business and exercising board power. 755 (4) [The chair of the commission ] The executive director shall select one board member as 756 the board's chair and one member as the board's vice chair. 757 (5) A member may not receive compensation or benefits for the member's service, but may 758 receive per diem and travel expenses in accordance with: 759 (a) Section 63A-3-106; 760 (b) Section 63A-3-107; and 761 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107. 762 (6) A member shall comply with the conflict of interest provisions described in Title 63G, 763 Chapter 24, Part 3, Conflicts of Interest. 764 Section 17. Section 63N-2-103 is amended to read: 765 63N-2-103 . Definitions. 766 As used in this part: 767 (1)(a) "Business entity" means a person that enters into a written agreement with the 768 office to initiate a new commercial project in Utah that will qualify the person to 769 receive a tax credit under Section 59-7-614.2 or 59-10-1107. 770 (b) With respect to a tax credit authorized by the office in accordance with Subsection 771 63N-2-104.3(2), "business entity" includes a nonprofit entity. 772 (2) "Commercial or industrial zone" means an area zoned agricultural, commercial, 773 industrial, manufacturing, business park, research park, or other appropriate business 774 related use in a general plan that contemplates future growth. 775 (3) "Development zone" means an economic development zone created under Section 776 63N-2-104. - 23 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 777 (4) "Local government entity" means a county, city, or town. 778 (5) "New commercial project" means an economic development opportunity that: 779 (a) involves a targeted industry; or 780 (b) is located within: 781 (i) a county of the third, fourth, fifth, or sixth class; or 782 (ii) a municipality that has a population of 10,000 or less and the municipality is 783 located within a county of the second class[; or] . 784 [(c) involves an economic development opportunity that the commission determines to 785 be eligible for a tax credit under this part.] 786 (6) "Remote work opportunity" means a new commercial project that: 787 (a) does not require a physical office in the state where employees associated with the 788 new commercial project are required to work; and 789 (b) requires employees associated with the new commercial project to: 790 (i) work remotely from a location within the state; and 791 (ii) maintain residency in the state. 792 (7) "Significant capital investment" means an investment in capital or fixed assets, which 793 may include real property, personal property, and other fixtures related to a new 794 commercial project that represents an expansion of existing operations in the state or 795 that increases the business entity's existing workforce in the state. 796 (8) "Tax credit" means an economic development tax credit created by Section 59-7-614.2 797 or 59-10-1107. 798 (9) "Tax credit amount" means the amount the office lists as a tax credit on a tax credit 799 certificate for a taxable year. 800 (10) "Tax credit certificate" means a certificate issued by the office that: 801 (a) lists the name of the business entity to which the office authorizes a tax credit; 802 (b) lists the business entity's taxpayer identification number; 803 (c) lists the amount of tax credit that the office authorizes the business entity for the 804 taxable year; and 805 (d) may include other information as determined by the office. 806 (11) "Written agreement" means a written agreement entered into between the office and a 807 business entity under Section 63N-2-104.2. 808 Section 18. Section 63N-2-104.3 is amended to read: 809 63N-2-104.3 . Limitations on tax credit amount. 810 (1) Except as provided in Subsection (2)(a), for a new commercial project that is located - 24 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 811 within the boundary of a county of the first or second class, the office may not authorize 812 a tax credit that exceeds: 813 (a) 50% of the new state revenues from the new commercial project in any given year; or 814 (b) 30% of the new state revenues from the new commercial project over a period of up 815 to 20 years[; or] . 816 [(c) 35% of the new state revenues from the new commercial project over a period of up 817 to 20 years, if:] 818 [(i) the new commercial project brings 2,500 or more new incremental jobs to the 819 state;] 820 [(ii) the amount of capital expenditures associated with the new commercial project is 821 $1,000,000,000 or more; and] 822 [(iii) the commission approves the tax credit.] 823 (2) If the office authorizes a tax credit for a new commercial project located within the 824 boundary of: 825 (a) a municipality with a population of 10,000 or less located within a county of the 826 second class and that is experiencing economic hardship as determined by the office, 827 the office may authorize a tax credit of up to 50% of new state revenues from the new 828 commercial project over a period of up to 20 years; 829 (b) a county of the third class, the office may authorize a tax credit of up to 50% of new 830 state revenues from the new commercial project over a period of up to 20 years; and 831 (c) a county of the fourth, fifth, or sixth class, the office may authorize a tax credit of 832 50% of new state revenues from the new commercial project over a period of up to 833 20 years. 834 Section 19. Section 63N-2-107 is amended to read: 835 63N-2-107 . Reports of new state revenue, partial rebates, and tax credits. 836 (1) Before October 1 of each year, the office shall submit a report to the Governor's Office 837 of Planning and Budget, the Office of the Legislative Fiscal Analyst, and the Division of 838 Finance identifying: 839 (a)(i) the total estimated amount of new state revenue created from new commercial 840 projects; 841 (ii) the estimated amount of new state revenue from new commercial projects that 842 will be generated from: 843 (A) sales tax; 844 (B) income tax; and - 25 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 845 (C) corporate franchise and income tax; and 846 (iii) the minimum number of new incremental jobs and high paying jobs that will be 847 created before any tax credit is awarded; and 848 (b) the total estimated amount of tax credits that the office projects that business entities 849 will qualify to claim under this part. 850 (2) By the first business day of each month, the office shall submit a report to the 851 Governor's Office of Planning and Budget, the Office of the Legislative Fiscal Analyst, 852 and the Division of Finance identifying: 853 (a) each new written agreement that the office entered into since the last report; 854 (b) the estimated amount of new state revenue that will be generated under each written 855 agreement described in Subsection (2)(a); 856 (c) the estimated maximum amount of tax credits that a business entity could qualify for 857 under each written agreement described in Subsection (2)(a); and 858 (d) the minimum number of new incremental jobs and high paying jobs that will be 859 created before any tax credit is awarded. 860 (3) At the reasonable request of the Governor's Office of Planning and Budget, the Office 861 of the Legislative Fiscal Analyst, or the Division of Finance, the office shall provide 862 additional information about the tax credit, new incremental jobs and high paying jobs, 863 costs, and economic benefits related to this part, if the information is part of a public 864 record as defined in Section 63G-2-103. 865 [(4) By October 1, the office shall submit to the Economic Development and Workforce 866 Services Interim Committee, the Business, Economic Development, and Labor 867 Appropriations Subcommittee, and the governor, a written report that provides an 868 overview of the implementation and efficacy of the statewide economic development 869 strategy, including an analysis of the extent to which the office's programs are aligned 870 with the prevailing economic conditions expected in the next fiscal year.] 871 Section 20. Section 63N-16-302 is amended to read: 872 63N-16-302 . Proactive regulatory relief efforts. 873 (1) As used in this section: 874 (a) "Regulatory framework" means a framework for determining the risk level to the 875 public if a law or regulation that inhibits the creation or success of new and existing 876 companies or industries were to be permanently removed or temporarily waived. 877 (b) "Risk level" means a level of risk categorized from low, medium, and high. 878 (2) The regulatory relief office may: - 26 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 879 (a) review, at any time, any existing state laws or regulations that may unnecessarily 880 inhibit the creation or success of companies or industries other than the occupational 881 regulations of individuals reviewed by the Office of Professional Licensure Review 882 under Title 13, Chapter 1b, Office of Professional Licensure Review; and 883 (b) provide recommendations to the governor and the Legislature on modifying those 884 state laws and regulations described in Subsection (2)(a). 885 (3) The regulatory relief office shall: 886 (a) create a regulatory framework; and 887 (b) annually study the laws and regulations of at least two industries selected from: 888 (i) an industry targeted for economic development by the [Unified Economic 889 Opportunity Commission] office as described in Section [63N-1a-202] 63N-1a-302; 890 or 891 (ii) an industry designated by the General Regulatory Sandbox Program Advisory 892 Committee for study by the regulatory relief office. 893 (4) In undertaking the review described in Subsection [(3), ] (2), the regulatory relief office 894 shall: 895 (a) identify any law or regulation that the regulatory relief office determines inhibits the 896 creation or success of new and existing companies or industries; 897 (b) apply the regulatory framework to the identified law or regulation; and 898 (c) consider: 899 (i) the history of the identified regulation or law, including the reasons why the 900 regulation or law was originally enacted; 901 (ii) whether the identified regulation or law: 902 (A) creates an unnecessary barrier to industry for businesses; or 903 (B) imposes an unnecessary cost to businesses or consumers; 904 (iii) whether the penalty for violation of the regulation or law, if any, is proportional 905 to the potential harm; and 906 (iv) if there are potentially less burdensome alternatives to the existing regulation or 907 law and apply the regulatory framework to that alternative. 908 (5) The regulatory relief office shall submit as part of the report described in Section 909 63N-16-105: 910 (a) a detailed overview of the regulatory relief office's study of the laws and regulations 911 as described in this section, including the reasons why the laws and regulations of a 912 particular industry were selected for study and the strategy the office implemented to - 27 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 913 study the laws and regulations of that industry; and 914 (b) recommended changes to a law or regulation identified by the regulatory relief office 915 in Subsection (4) that the regulatory relief office determines: 916 (i) is inhibiting the success of businesses, companies, or industries; and 917 (ii) would not present a high risk level to the public if the law or regulation were 918 permanently removed or temporarily waived. 919 Section 21. Section 72-1-203 is amended to read: 920 72-1-203 . Deputy director -- Appointment -- Qualifications -- Other assistants 921 and advisers -- Salaries. 922 (1) The executive director shall appoint the following deputy directors, who shall serve at 923 the discretion of the executive director: 924 (a) the deputy director of engineering and operation, who shall be a registered 925 professional engineer in the state, and who shall be the chief engineer of the 926 department; and 927 (b) the deputy director of planning and investment. 928 (2) As assigned by the executive director, the deputy directors described in Subsection (1) 929 may assist the executive director with the following departmental responsibilities: 930 (a) project development, including statewide standards for project design and 931 construction, right-of-way, materials, testing, structures, and construction; 932 (b) oversight of the management of the region offices described in Section 72-1-205; 933 (c) operations and traffic management; 934 (d) oversight of operations of motor carriers and ports; 935 (e) transportation systems safety; 936 (f) aeronautical operations; 937 (g) equipment for department engineering and maintenance functions; 938 (h) oversight and coordination of planning, including: 939 (i) development of statewide strategic initiatives for planning across all modes of 940 transportation; 941 (ii) coordination with metropolitan planning organizations and local governments; 942 (iii) coordination with a large public transit district, including planning, project 943 development, outreach, programming, environmental studies and impact 944 statements, construction, and impacts on public transit operations; and 945 (iv) corridor and area planning; 946 (i) asset management; - 28 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 947 (j) programming and prioritization of transportation projects; 948 (k) fulfilling requirements for environmental studies and impact statements; 949 (l) resource investment, including identification, development, and oversight of 950 public-private partnership opportunities; 951 (m) data analytics services to the department; 952 (n) corridor preservation; 953 (o) employee development; 954 (p) maintenance planning; 955 (q) oversight and facilitation of the negotiations and integration of public transit 956 providers described in Section 17B-2a-827; 957 (r) oversight and supervision of any fixed guideway capital development project within 958 the boundaries of a large public transit district for which any state funds are 959 expended, including those responsibilities described in Subsections (2)(a), (h), (j), 960 (k), and (l), and the implementation and enforcement of any federal grant obligations 961 associated with fixed guideway capital development project funding; and 962 (s) other departmental responsibilities as determined by the executive director. 963 (3) The executive director shall ensure that the same deputy director does not oversee or 964 supervise both the fixed guideway capital development responsibilities described in 965 Subsection (2)(r) and the department's fixed guideway rail safety responsibilities, 966 including the responsibilities described in Section 72-1-214. 967 (4) The executive director shall ensure that the same deputy director does not oversee or 968 supervise both the authorization of a telecommunication provider to have longitudinal 969 access to state right-of-way as described in Section 72-7-108, and the operations and 970 duties of the Utah Broadband Center created in Section 72-19-201. 971 Section 22. Section 72-1-303 is amended to read: 972 72-1-303 . Duties of commission. 973 (1) The commission has the following duties: 974 (a) determining priorities and funding levels of projects and programs in the state 975 transportation systems and the capital development of new public transit facilities for 976 each fiscal year based on project lists compiled by the department and taking into 977 consideration the strategic initiatives described in Section 72-1-211; 978 (b) determining additions and deletions to state highways under Chapter 4, Designation 979 of State Highways Act; 980 (c) holding public meetings and otherwise providing for public input in transportation - 29 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 981 matters; 982 (d) making policies and rules in accordance with Title 63G, Chapter 3, Utah 983 Administrative Rulemaking Act, necessary to perform the commission's duties 984 described under this section; 985 (e) in accordance with Section 63G-4-301, reviewing orders issued by the executive 986 director in adjudicative proceedings held in accordance with Title 63G, Chapter 4, 987 Administrative Procedures Act; 988 (f) advising the department on state transportation systems policy; 989 (g) approving settlement agreements of condemnation cases subject to Section 990 63G-10-401; 991 (h) in accordance with Section 17B-2a-807, appointing a commissioner to serve as a 992 nonvoting member or a voting member on the board of trustees of a public transit 993 district; 994 (i) in accordance with Section 17B-2a-808, reviewing, at least annually, the short-term 995 and long-range public transit plans; 996 (j) determining the priorities and funding levels of public transit innovation grants, as 997 defined in Section 72-2-401;[ and] 998 (k) approving grant awards administered by the Utah Broadband Center in accordance 999 with Section 17-19-301; and 1000 [(k)] (l) reviewing administrative rules made, substantively amended, or repealed by the 1001 department. 1002 (2)(a) For projects prioritized with funding provided under Sections 72-2-124 and 1003 72-2-125, the commission shall annually report to a committee designated by the 1004 Legislative Management Committee: 1005 (i) a prioritized list of the new transportation capacity projects in the state 1006 transportation system and the funding levels available for those projects; and 1007 (ii) the unfunded highway construction and maintenance needs within the state. 1008 (b) The committee designated by the Legislative Management Committee under 1009 Subsection (2)(a) shall: 1010 (i) review the list reported by the Transportation Commission; and 1011 (ii) make a recommendation to the Legislature on: 1012 (A) the amount of additional funding to allocate to transportation; and 1013 (B) the source of revenue for the additional funding allocation under Subsection 1014 (2)(b)(ii)(A). - 30 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 1015 (3) The commission shall review and may approve plans for the construction of a highway 1016 facility over sovereign lakebed lands in accordance with Chapter 6, Part 3, Approval of 1017 Highway Facilities on Sovereign Lands Act. 1018 (4) One or more associations representing airport operators or pilots in the state shall 1019 annually report to the commission recommended airport improvement projects and any 1020 other information related to the associations' expertise and relevant to the commission's 1021 duties. 1022 Section 23. Section 72-19-101, which is renumbered from Section 63N-17-102 is renumbered 1023 and amended to read: 1024 CHAPTER 19. UTAH BROADBAND CENTER 1025 Part 1. General Provisions 1026 [63N-17-102] 72-19-101 . Definitions. 1027 As used in this chapter: 1028 (1) "Broadband center" means the Utah Broadband Center created in Section [63N-17-201] 1029 72-19-201. 1030 (2) "Broadband commission" means the Utah Broadband Center Advisory Commission 1031 created in Section 36-29-109. 1032 [(2)] (3) "Final proposal" means the submission provided by the state to the Assistant 1033 Secretary of Commerce for Communications and Information as part of the state's 1034 BEAD Application, as set forth in 47 U.S.C. Sec. 1702(e)(4). 1035 [(3)] (4) "Initial proposal" means the submission provided by the state to the Assistant 1036 Secretary of Commerce for Communications and Information as part of the state's 1037 BEAD Application, as set forth in 47 U.S.C. Sec. 1702(e)(3). 1038 [(4)] (5) "Letter of intent" means the submission provided by the state to the Assistant 1039 Secretary of Commerce for Communications and Information as part of the state's 1040 BEAD Application, as set forth in 47 U.S.C. Sec. 1702(e)(1)(B). 1041 [(5)] (6) "Public-private partnership" means an arrangement or agreement between a 1042 government entity and one or more private persons to fund and provide for a public need 1043 through the development or operation of a public project in which the private person or 1044 persons share with the government entity the responsibility or risk of developing, 1045 owning, maintaining, financing, or operating the project. 1046 [(6)] (7) "Subgrantee" means an entity that receives funds from the state under: 1047 (a) the Broadband Access Grant Program created in Section [63N-17-301] 72-19-301; or - 31 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 1048 (b) the Broadband Equity Access and Deployment Grant Program created in Section [ 1049 63N-17-401] 72-19-401. 1050 [(7)] (8) "State BEAD application" means a submission by the state for a grant under the 1051 federal Broadband Equity Access and Deployment Program established under 47 U.S.C. 1052 Sec. 1702(b), consisting of a letter of intent, initial proposal, and final proposal. 1053 Section 24. Section 72-19-201, which is renumbered from Section 63N-17-201 is renumbered 1054 and amended to read: 1055 Part 2. Utah Broadband Center 1056 [63N-17-201] 72-19-201 . Utah Broadband Center -- Creation -- Director -- 1057 Duties. 1058 (1) There is created within the [office] department the Utah Broadband Center. 1059 (2) The executive director shall appoint a director of the broadband center to oversee the 1060 operations of the broadband center. 1061 (3) The broadband center shall: 1062 (a) ensure that publicly funded broadband projects continue to be publicly accessible and 1063 provide a public benefit; 1064 (b) develop the statewide digital connectivity plan described in Section [63N-17-203] 1065 72-19-203; 1066 (c) carry out the duties described in Section [63N-17-202] 72-19-202; 1067 (d) administer the Broadband Access Grant Program [in accordance with Part 3, 1068 Broadband Access Grant Program] created in Section 72-19-301; and 1069 (e) administer the Broadband Equity Access and Deployment Grant Program [in 1070 accordance with Part 4, Broadband Equity Access and Deployment Program] created 1071 in Section 72-19-301. 1072 [(f)] (4) The broadband center shall ensure efficiency with respect to: 1073 [(i)] (a) expenditure of funds; and 1074 [(ii)] (b) avoiding duplication of efforts. 1075 [(g)] (5) The broadband center shall consider administering broadband infrastructure funds 1076 in a manner that: 1077 [(i)] (a) efficiently maximizes the leverage of federal funding; 1078 [(ii)] (b) avoids the use of public funds for broadband facilities that duplicate existing 1079 broadband facilities that already meet or exceed federal standards; and 1080 [(iii)] (c) accounts for the benefits and costs to the state of existing facilities, equipment, 1081 and services of public and private broadband providers. - 32 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 1082 Section 25. Section 72-19-202, which is renumbered from Section 63N-17-202 is renumbered 1083 and amended to read: 1084 [63N-17-202] 72-19-202 . Infrastructure and broadband coordination. 1085 (1) The broadband center shall partner with the Utah Geospatial Resource Center created in 1086 Section 63A-16-505 to collect and maintain a database and interactive map that displays 1087 economic development data statewide, including: 1088 (a) voluntarily submitted broadband availability, speeds, and other broadband data; 1089 (b) voluntarily submitted public utility data; 1090 (c) workforce data, including information regarding: 1091 (i) enterprise zones designated under Section 63N-2-206; 1092 (ii) public institutions of higher education; and 1093 (iii) APEX accelerators; 1094 (d) transportation data, which may include information regarding railway routes, 1095 commuter rail routes, airport locations, and major highways; 1096 (e) lifestyle data, which may include information regarding state parks, national parks 1097 and monuments, United States Forest Service boundaries, ski areas, golf courses, and 1098 hospitals; and 1099 (f) other relevant economic development data as determined by the office, including data 1100 provided by partner organizations. 1101 (2) The broadband center may: 1102 (a) make recommendations to state and federal agencies, local governments, the 1103 governor, and the Legislature regarding policies and initiatives that promote the 1104 development of broadband-related infrastructure in the state and help implement 1105 those policies and initiatives; 1106 (b) facilitate coordination between broadband providers and public and private entities; 1107 (c) collect and analyze data on broadband availability and usage in the state, including 1108 Internet speed, capacity, the number of unique visitors, and the availability of 1109 broadband infrastructure throughout the state; 1110 (d) create a voluntary broadband alliance, which shall include broadband providers and 1111 other public and private stakeholders, to solicit input on broadband-related policy 1112 guidance, best practices, and adoption strategies; 1113 (e) work with broadband providers, state and local governments, and other public and 1114 private stakeholders to facilitate and encourage the expansion and maintenance of 1115 broadband infrastructure throughout the state; and - 33 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 1116 (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds 1117 Procedures Act, and in accordance with federal requirements: 1118 (i) apply for federal grants; 1119 (ii) participate in federal programs; and 1120 (iii) administer federally funded broadband-related programs. 1121 Section 26. Section 72-19-203, which is renumbered from Section 63N-17-203 is renumbered 1122 and amended to read: 1123 [63N-17-203] 72-19-203 . Statewide digital connectivity plan. 1124 As used in this section: 1125 (1) ["Commission" ] "Broadband commission" means the Utah Broadband Center Advisory 1126 Commission created in Section 36-29-109. 1127 (2) "Strategic plan" means the statewide digital connectivity plan created in accordance 1128 with Subsections [(2) and ](3) and (4). 1129 (3) The broadband center shall develop the strategic plan. 1130 (4) The strategic plan shall include strategies to: 1131 (a) implement broadband connectivity statewide; 1132 (b) promote digital [equity] access throughout the state; 1133 (c) apply for federal infrastructure funds; and 1134 (d) apply for additional funds. 1135 (5) In developing the strategic plan, the broadband center shall work with the broadband 1136 commission. 1137 [(6) The broadband center shall provide the commission with quarterly status updates 1138 regarding:] 1139 [(a) implementation of the commission's recommendations;] 1140 [(b) the grant programs created in Sections 63N-17-301 and 63N-17-401, including:] 1141 [(i) applications received for grant funding;] 1142 [(ii) grant awards about to be made by the broadband center;] 1143 [(iii) grant awards made by the broadband center; and] 1144 [(iv) projects implemented with grant funding;] 1145 [(c) strategic plan development;] 1146 [(d) strategic plan implementation;] 1147 [(e) grants received in addition to those described in Subsection (6)(b);] 1148 [(f) projects funded in addition to those described in Subsection (6)(b); and] 1149 [(g) recommendations for legislation.] - 34 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 1150 [(7)] (6) The broadband center shall submit the strategic plan to the broadband commission 1151 for the broadband commission's recommendation before finalizing the strategic plan. 1152 [(8)] (7) On or before October 1 of each year, the broadband center shall report to the 1153 broadband commission and the Public Utilities, Energy, and Technology Interim 1154 Committee regarding status updates. 1155 Section 27. Section 72-19-301, which is renumbered from Section 63N-17-301 is renumbered 1156 and amended to read: 1157 Part 3. Broadband Access Grant Program 1158 [63N-17-301] 72-19-301 . Creation of Broadband Access Grant Program. 1159 (1) As used in this part: 1160 (a) "Eligible applicant" means: 1161 (i) a telecommunications provider or an Internet service provider; 1162 (ii) a local government entity and one or more private entities, collectively, who are 1163 parties to a public-private partnership established for the purpose of expanding 1164 affordable broadband access in the state; or 1165 (iii) a tribal government. 1166 (b) "Underserved area" means an area of the state that is underserved in terms of the 1167 area's access to broadband service, as further defined by rule made by the department 1168 in coordination with the broadband center. 1169 (c) "Unserved area" means an area of the state that is unserved in terms of the area's 1170 access to broadband service, as further defined by rule made by the department in 1171 coordination with the broadband center. 1172 (2) There is established a grant program known as the Broadband Access Grant Program 1173 that is administered by the broadband center in accordance with this part. 1174 (3)(a) The broadband center may award a grant under this part to an eligible applicant 1175 that submits to the broadband center an application that includes a proposed project 1176 to extend broadband service to individuals and businesses in an unserved area or an 1177 underserved area by providing last-mile connections to end users. 1178 (b) Subsection (3)(a) does not prohibit the broadband center from awarding a grant for a 1179 proposed project that also includes middle-mile elements that are necessary for the 1180 last-mile connections. 1181 (4) In awarding grants under this part, the broadband center shall: 1182 (a) based on the following criteria and in the order provided, prioritize proposed projects: 1183 (i) located in unserved areas; - 35 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 1184 (ii) located in underserved areas; 1185 (iii)(A) that the eligible applicant developed after meaningful engagement with the 1186 impacted community to identify the community's needs and innovative means 1187 of providing a public benefit that addresses the community's needs; and 1188 (B) that include, as a component of the proposed project, a long-term public 1189 benefit to the impacted community developed in response to the eligible 1190 applicant's engagement with the community; 1191 (iv) located in an economically distressed area of the state, as measured by indices of 1192 unemployment, poverty, or population loss; 1193 (v) that make the greatest investment in last-mile connections; 1194 (vi) that provide higher speed broadband access to end users; and 1195 (vii) for which the eligible applicant provides at least 25% of the money needed for 1196 the proposed project, with higher priority to proposed projects for which the 1197 eligible applicant provides a greater percentage of the money needed for the 1198 proposed project; and 1199 (b) consider the impact of available funding for the proposed project from other sources, 1200 including money from matching federal grant programs. 1201 (5) For a project that the eligible applicant cannot complete in a single fiscal year, the 1202 broadband center may distribute grant proceeds for the project over the course of the 1203 project's construction. 1204 (6)(a) Before awarding a grant under this part, the broadband center shall present the 1205 application described in Subsection (3) to the Transportation Commission for 1206 approval. 1207 (b) In awarding a grant under this part, the broadband center shall ensure that grant 1208 funds are not used by a subgrantee in a manner that causes competition among 1209 projects that are substantially supported by state funds or federal funds subgranted by 1210 the state[, as determine in accordance with rules made by the broadband center in 1211 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act]. 1212 (7) As provided in and subject to the requirements of Title 63G, Chapter 2, Government 1213 Records Access and Management Act, a record submitted to the broadband center that 1214 contains a trade secret or confidential commercial information described in Subsection 1215 63G-2-305(2) is a protected record. 1216 Section 28. Section 72-19-302, which is renumbered from Section 63N-17-302 is renumbered 1217 and amended to read: - 36 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 1218 [63N-17-302] 72-19-302 . Duties of the broadband center. 1219 (1) The broadband center shall: 1220 (a) establish an application process by which an eligible applicant may apply for a grant 1221 under this part, which application shall include: 1222 (i) a declaration, signed under penalty of perjury, that the application is complete, 1223 true, and correct; and 1224 (ii) an acknowledgment that the eligible applicant is subject to audit; 1225 (b) establish a method for the broadband center to determine which eligible applicants 1226 qualify to receive a grant; 1227 (c) establish a formula to award grant funds; and 1228 (d) report the information described in Subsections (1)(a) through (c) to the director of 1229 the Division of Finance. 1230 (2) Subject to appropriation, the broadband center shall: 1231 (a) collect applications for grant funds from eligible applicants; 1232 (b) determine which applicants qualify for receiving a grant; and 1233 (c) award the grant funds in accordance with the process established under Subsection (1) 1234 and in accordance with Section [63N-17-301] 72-19-301. 1235 (3) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 1236 broadband center may make rules to administer the grant program] The department, in 1237 coordination with the broadband center, may make rules in accordance with Title 63G, 1238 Chapter 3, Utah Administrative Rulemaking Act, to administer the grant program. 1239 Section 29. Section 72-19-401, which is renumbered from Section 63N-17-401 is renumbered 1240 and amended to read: 1241 Part 4. Broadband Equity Access and Deployment Grant Program 1242 [63N-17-401] 72-19-401 . Creation of Broadband Equity Access and Deployment 1243 Grant Program. 1244 (1) There is established a grant program known as the Broadband Equity Access and 1245 Deployment Grant Program that is administered by the broadband center in accordance 1246 with: 1247 (a) this part; and 1248 (b) the requirements of the National Telecommunications and Information 1249 Administration's Broadband Equity Access and Deployment Program, 47 U.S.C. Sec. 1250 1702 et seq. 1251 (2) The broadband center shall: - 37 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 1252 (a) prepare and submit the state's Broadband Equity Access and Deployment application, 1253 including the letter of intent, initial proposal, and final proposal to the National 1254 Telecommunications and Information Administration; 1255 (b) administer the Broadband Equity Access and Deployment Grant Program in 1256 accordance with this section and as approved by the National Telecommunications 1257 and Information Administration; 1258 (c) accept and process an application for subgranted funds; and 1259 [(d) report to the broadband commission quarterly on:] 1260 [(i) the progress of the broadband center's submission described in Subsection (2)(a);] 1261 [(ii) the administration of the program;] 1262 [(iii) applications received for subgranted funding;] 1263 [(iv) approved applications for subgranted funds; and] 1264 [(v) projects supported by subgranted funds;] 1265 [(e)] (d) ensure that a subgrantee complies with the state's final proposal to the National 1266 Telecommunications and Information Administration[; and] . 1267 [(f) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 1268 Rulemaking Act, necessary to administer this section.] 1269 (3) The department, in coordination with the broadband center, may make rules in 1270 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to 1271 administer the grant program. 1272 [(3) The broadband commission shall give the broadband center recommendations during 1273 the quarterly reports described in Subsection (2)(d).] 1274 (4) The broadband center may approve an application for subgranted funds if: 1275 (a) the application meets the requirements of this section; 1276 (b) the application meets any rule made pursuant to this section; 1277 (c) the application meets the requirements of the National Telecommunications and 1278 Information Administration's Broadband Equity Access and Deployment Program, 47 1279 U.S.C. Sec. 1702 et seq.; and 1280 (d) the broadband center has informed the [broadband commission] Transportation 1281 Commission about the application[, as] described in Subsection [(2)(d)] (2)(c). 1282 (5) After the broadband center completes a competitive application process for subgranted 1283 funds but before the broadband center notifies the applicant of the award, the broadband 1284 center shall present to the [broadband commission] Transportation Commission on the 1285 subgrant award. - 38 - 03-07 22:46 9th Sub. (Pumpkin) H.B. 542 1286 Section 30. Repealer. 1287 This bill repeals: 1288 Section 63N-1a-201, Creation of commission. 1289 Section 63N-1a-202, Commission duties. 1290 Section 63N-1b-102, Subcommittees generally. 1291 Section 63N-1b-401, Definitions. 1292 Section 63N-1b-402, Women in the Economy Subcommittee created. 1293 Section 63N-1b-403, Purpose -- Powers and duties of the subcommittee. 1294 Section 63N-1b-404, Annual report. 1295 Section 63N-3-204, Administration -- Grants and loans. 1296 Section 31. FY 2026 Appropriations. 1297 The following sums of money are appropriated for the fiscal year beginning July 1, 1298 2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 1299 fiscal year 2026. 1300 Subsection 31(a). Operating and Capital Budgets 1301 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the 1302 Legislature appropriates the following sums of money from the funds or accounts indicated for 1303 the use and support of the government of the state of Utah. 1304 ITEM 1 To Governor's Office of Economic Opportunity - Economic Prosperity 1305 From General Fund (553,600) 1306 From Federal Funds (200,000) 1307 From Dedicated Credits Revenue (93,700) 1308 Schedule of Programs: 1309 Business Services (847,300) 1310 ITEM 2 To Department of Workforce Services - Office of Homeless Services 1311 From General Fund 1,900,000 1312 Schedule of Programs: 1313 Homeless Services 1,900,000 1314 Under the provisions of Utah Code Annotated 1315 Title 63G, Chapter 6b, the Legislature intends that the 1316 Department of Workforce Services provide a direct 1317 award grant of $1,900,000 ongoing to Family Interim 1318 Non-congregate Children Housing (FINCH) facility 1319 located in a county of the first class under the - 39 - 9th Sub. (Pumpkin) H.B. 542 03-07 22:46 1320 consultation of the Homeless Coordinator of the Office 1321 of Homelessness. 1322 ITEM 3 To Utah Board of Higher Education - Administration 1323 From General Fund 553,600 1324 From Federal Funds 200,000 1325 From Dedicated Credits Revenue 93,700 1326 Schedule of Programs: 1327 Administration 847,300 1328 The Legislature intends, that if H.B. 542, 1329 Economic Development Amendments, and H.B. 530, 1330 Utah Innovation Lab Modifications, both pass and 1331 become law, on July 1, 2025, the funding appropriated in 1332 H.B. 542 be transferred to the Utah Board of Higher 1333 Education for the Nucleus Institute. The Legislature 1334 further intends that the Office of Legislative Fiscal 1335 Analyst, when preparing the base budget for the 2026 1336 General Session, create a new line item titled within the 1337 Utah Board of Higher Education "Nucleus Institute" and 1338 transfer the funding for the Utah Board of Education - 1339 Administration line item to the newly created item. 1340 Section 32. Effective Date. 1341 This bill takes effect on July 1, 2025. - 40 -