reglab/statecodes huggingface dataset:
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 3 - Establishing an Impact Fee › Section 304 - Impact fee analysis requirements.

11-36a-304.
Impact fee analysis requirements.
(1) An impact fee analysis shall:
(a) identify the anticipated impact on or consumption of any existing capacity of a public facility by the anticipated development activity;
(b) identify the anticipated impact on system improvements required by the anticipated development activity to maintain the established level of service for each public facility;
(c) subject to Subsection (2), demonstrate how the anticipated impacts described in Subsections (1)(a) and (b) are reasonably related to the anticipated development activity;
(d) estimate the proportionate share of:
(i) the costs for existing capacity that will be recouped; and
(ii) the costs of impacts on system improvements that are reasonably related to the new development activity; and
(e) based on the requirements of this chapter, identify how the impact fee was calculated.
(2) In analyzing whether or not the proportionate share of the costs of public facilities are reasonably related to the new development activity, the local political subdivision or private entity, as the case may be, shall identify, if applicable:
(a) the cost of each existing public facility that has excess capacity to serve the anticipated development resulting from the new development activity;
(b) the cost of system improvements for each public facility;
(c) other than impact fees, the manner of financing for each public facility, such as user charges, special assessments, bonded indebtedness, general taxes, or federal grants;
(d) the relative extent to which development activity will contribute to financing the excess capacity of and system improvements for each existing public facility, by such means as user charges, special assessments, or payment from the proceeds of general taxes;
(e) the relative extent to which development activity will contribute to the cost of existing public facilities and system improvements in the future;
(f) the extent to which the development activity is entitled to a credit against impact fees because the development activity will dedicate system improvements or public facilities that will offset the demand for system improvements, inside or outside the proposed development;
(g) extraordinary costs, if any, in servicing the newly developed properties; and
(h) the time-price differential inherent in fair comparisons of amounts paid at different times.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 3 - Establishing an Impact Fee › Section 305 - Calculating impact fees.

Effective 5/5/2021
11-36a-305.
Calculating impact fees.
(1) In calculating an impact fee, a local political subdivision or private entity may include:
(a) the construction contract price;
(b) the cost of acquiring land, improvements, materials, and fixtures;
(c) for services provided for and directly related to the construction of the system improvements, the cost for planning and surveying, and engineering fees;
(d) for a political subdivision, debt service charges, if the political subdivision might use impact fees as a revenue stream to pay the principal and interest on bonds, notes, or other obligations issued to finance the costs of the system improvements; and
(e) one or more expenses for overhead.
(2) In calculating an impact fee, each local political subdivision or private entity shall base amounts calculated under Subsection (1) on realistic estimates, and the assumptions underlying those estimates shall be disclosed in the impact fee analysis.
Amended by Chapter 35, 2021 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 3 - Establishing an Impact Fee › Section 306 - Certification of impact fee analysis.

Effective 5/5/2021
11-36a-306.
Certification of impact fee analysis.
(1) An impact fee facilities plan shall include a written certification from the person or entity that prepares the impact fee facilities plan that states the following:
"I certify that the attached impact fee facilities plan:
1. includes only the costs of public facilities that are:
a. allowed under the Impact Fees Act; and
b. actually incurred; or
c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid;
2. does not include:
a. costs of operation and maintenance of public facilities; or
b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents; and
3. complies in each and every relevant respect with the Impact Fees Act."
(2) An impact fee analysis shall include a written certification from the person or entity that prepares the impact fee analysis which states as follows:
"I certify that the attached impact fee analysis:
1. includes only the costs of public facilities that are:
a. allowed under the Impact Fees Act; and
b. actually incurred; or
c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid;
2. does not include:
a. costs of operation and maintenance of public facilities; or
b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents;
3. offsets costs with grants or other alternate sources of payment; and
4. complies in each and every relevant respect with the Impact Fees Act."
Amended by Chapter 35, 2021 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 4 - Enactment of Impact Fees › Section 401 - Impact fee enactment.

11-36a-401.
Impact fee enactment.
(1)
(a) A local political subdivision or private entity wishing to impose impact fees shall pass an impact fee enactment in accordance with Section 11-36a-402.
(b) An impact fee imposed by an impact fee enactment may not exceed the highest fee justified by the impact fee analysis.
(2) An impact fee enactment may not take effect until 90 days after the day on which the impact fee enactment is approved.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 4 - Enactment of Impact Fees › Section 402 - Required provisions of impact fee enactment.

11-36a-402.
Required provisions of impact fee enactment.
(1) A local political subdivision or private entity shall ensure, in addition to the requirements described in Subsections (2) and (3), that an impact fee enactment contains:
(a) a provision establishing one or more service areas within which the local political subdivision or private entity calculates and imposes impact fees for various land use categories;
(b)
(i) a schedule of impact fees for each type of development activity that specifies the amount of the impact fee to be imposed for each type of system improvement; or
(ii) the formula that the local political subdivision or private entity, as the case may be, will use to calculate each impact fee;
(c) a provision authorizing the local political subdivision or private entity, as the case may be, to adjust the standard impact fee at the time the fee is charged to:
(i) respond to:
(A) unusual circumstances in specific cases; or
(B) a request for a prompt and individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and
(ii) ensure that the impact fees are imposed fairly; and
(d) a provision governing calculation of the amount of the impact fee to be imposed on a particular development that permits adjustment of the amount of the impact fee based upon studies and data submitted by the developer.
(2) A local political subdivision or private entity shall ensure that an impact fee enactment allows a developer, including a school district or a charter school, to receive a credit against or proportionate reimbursement of an impact fee if the developer:
(a) dedicates land for a system improvement;
(b) builds and dedicates some or all of a system improvement; or
(c) dedicates a public facility that the local political subdivision or private entity and the developer agree will reduce the need for a system improvement.
(3) A local political subdivision or private entity shall include a provision in an impact fee enactment that requires a credit against impact fees for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities:
(a) are system improvements; or
(b)
(i) are dedicated to the public; and
(ii) offset the need for an identified system improvement.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 4 - Enactment of Impact Fees › Section 403 - Other provisions of impact fee enactment.

11-36a-403.
Other provisions of impact fee enactment.
(1) A local political subdivision or private entity may include a provision in an impact fee enactment that:
(a) provides an impact fee exemption for:
(i) development activity attributable to:
(A) low income housing;
(B) the state;
(C) subject to Subsection (2), a school district; or
(D) subject to Subsection (2), a charter school; or
(ii) other development activity with a broad public purpose; and
(b) except for an exemption under Subsection (1)(a)(i)(A), establishes one or more sources of funds other than impact fees to pay for that development activity.
(2) An impact fee enactment that provides an impact fee exemption for development activity attributable to a school district or charter school shall allow either a school district or a charter school to qualify for the exemption on the same basis.
(3) An impact fee enactment that repeals or suspends the collection of impact fees is exempt from the notice requirements of Section 11-36a-504.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 5 - Notice › Section 501 - Notice of intent to prepare an impact fee facilities plan.

Effective 5/3/2023
11-36a-501.
Notice of intent to prepare an impact fee facilities plan.
(1) Before preparing or amending an impact fee facilities plan, a local political subdivision or private entity shall provide written notice of its intent to prepare or amend an impact fee facilities plan.
(2) A notice required under Subsection (1) shall:
(a) indicate that the local political subdivision or private entity intends to prepare or amend an impact fee facilities plan;
(b) describe or provide a map of the geographic area where the proposed impact fee facilities will be located; and
(c) subject to Subsection (3), be provided for the geographic area where the proposed impact fee facilities will be located, as a class A notice under Section 63G-30-102, for at least 10 days.
(3) For a private entity required to post notice under Subsection (2)(c):
(a) the private entity shall give notice to the general purpose local government in which the private entity's private business office is located; and
(b) the general purpose local government described in Subsection (3)(a) shall post the notice on the Utah Public Notice Website and, as available, on the general purpose local government's website.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 5 - Notice › Section 502 - Notice to adopt or amend an impact fee facilities plan.

Effective 2/27/2023
11-36a-502.
Notice to adopt or amend an impact fee facilities plan.
(1) If a local political subdivision chooses to prepare an independent impact fee facilities plan rather than include an impact fee facilities element in the general plan in accordance with Section 11-36a-301, the local political subdivision shall, before adopting or amending the impact fee facilities plan:
(a) give public notice, in accordance with Subsection (2), of the plan or amendment at least 10 days before the day on which the public hearing described in Subsection (1)(d) is scheduled;
(b) make a copy of the plan or amendment, together with a summary designed to be understood by a lay person, available to the public;
(c) place a copy of the plan or amendment and summary in each public library within the local political subdivision; and
(d) hold a public hearing to hear public comment on the plan or amendment.
(2) With respect to the public notice required under Subsection (1)(a):
(a) each municipality shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 10-9a-205 and 10-9a-801 and Subsection 10-9a-502(2);
(b) each county shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 17-27a-205 and 17-27a-801 and Subsection 17-27a-502(2); and
(c) each special district, special service district, and private entity shall comply with the notice and hearing requirements of, and receive the protections of, Section 17B-1-111.
(3) Nothing contained in this section or Section 11-36a-503 may be construed to require involvement by a planning commission in the impact fee facilities planning process.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 5 - Notice › Section 503 - Notice of preparation of an impact fee analysis.

Effective 5/3/2023
11-36a-503.
Notice of preparation of an impact fee analysis.
(1) Before preparing or contracting to prepare an impact fee analysis, each local political subdivision or, subject to Subsection (2), private entity shall provide a public notice for the local political subdivision, as a class A notice under Section 63G-30-102, for at least 10 days.
(2) For a private entity required to post notice under Subsection (1):
(a) the private entity shall give notice to the general purpose local government in which the private entity's primary business is located; and
(b) the general purpose local government described in Subsection (2)(a) shall post the notice on the Utah Public Notice Website and, as available, on the general purpose local government's website.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 5 - Notice › Section 504 - Notice of intent to adopt impact fee enactment -- Hearing -- Protections.

Effective 5/3/2023
11-36a-504.
Notice of intent to adopt impact fee enactment -- Hearing -- Protections.
(1) Before adopting an impact fee enactment:
(a) a municipality legislative body shall:
(i) comply with the notice requirements of Section 10-9a-205 as if the impact fee enactment were a land use regulation;
(ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment were a land use regulation; and
(iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Section 10-9a-801 as if the impact fee were a land use regulation;
(b) a county legislative body shall:
(i) comply with the notice requirements of Section 17-27a-205 as if the impact fee enactment were a land use regulation;
(ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee enactment were a land use regulation; and
(iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Section 17-27a-801 as if the impact fee were a land use regulation;
(c) a special district or special service district shall:
(i) comply with the notice and hearing requirements of Section 17B-1-111; and
(ii) receive the protections of Section 17B-1-111;
(d) a local political subdivision shall at least 10 days before the day on which a public hearing is scheduled in accordance with this section:
(i) make a copy of the impact fee enactment available to the public; and
(ii) provide notice of the local political subdivision's intent to enact or modify the impact fee, specifying the type of impact fee being enacted or modified, for the local political subdivision, as a class A notice under Section 63G-30-102, for at least 10 days; and
(e) a local political subdivision shall submit a copy of the impact fee analysis and a copy of the summary of the impact fee analysis prepared in accordance with Section 11-36a-303 on its website or to each public library within the local political subdivision.
(2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning commission in the impact fee enactment process.
Amended by Chapter 16, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 6 - Impact Fee Proceeds › Section 601 - Accounting of impact fees.

Effective 5/9/2017
11-36a-601.
Accounting of impact fees.
A local political subdivision that collects an impact fee shall:
(1) establish a separate interest bearing ledger account for each type of public facility for which an impact fee is collected;
(2) deposit a receipt for an impact fee in the appropriate ledger account established under Subsection (1);
(3) retain the interest earned on each fund or ledger account in the fund or ledger account;
(4) at the end of each fiscal year, prepare a report that:
(a) for each fund or ledger account, shows:
(i) the source and amount of all money collected, earned, and received by the fund or ledger account during the fiscal year; and
(ii) each expenditure from the fund or ledger account;
(b) accounts for all impact fee funds that the local political subdivision has on hand at the end of the fiscal year;
(c) identifies the impact fee funds described in Subsection (4)(b) by:
(i) the year in which the impact fee funds were received;
(ii) the project from which the impact fee funds were collected;
(iii) the project for which the impact fee funds are budgeted; and
(iv) the projected schedule for expenditure; and
(d) is:
(i) in a format developed by the state auditor;
(ii) certified by the local political subdivision's chief financial officer; and
(iii) transmitted to the state auditor within 180 days after the day on which the fiscal year ends.
Amended by Chapter 394, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 6 - Impact Fee Proceeds › Section 602 - Expenditure of impact fees.

Effective 5/9/2017
11-36a-602.
Expenditure of impact fees.
(1) A local political subdivision may expend impact fees only for a system improvement:
(a) identified in the impact fee facilities plan; and
(b) for the specific public facility type for which the fee was collected.
(2)
(a) Except as provided in Subsection (2)(b), a local political subdivision shall expend or encumber an impact fee collected with respect to a lot:
(i) for a permissible use; and
(ii) within six years after the impact fee with respect to that lot is collected.
(b) A local political subdivision may hold the fees for longer than six years if it identifies, in writing:
(i) an extraordinary and compelling reason why the fees should be held longer than six years; and
(ii) an absolute date by which the fees will be expended.
Amended by Chapter 190, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 7 - Challenges › Section 702 - Time limitations.

Effective 5/8/2018
11-36a-702.
Time limitations.
(1) A person or an entity that initiates a challenge under Subsection 11-36a-701(3)(a) may not initiate that challenge unless it is initiated within:
(a) for a challenge under Subsection 11-36a-701(3)(a)(i)(A), 30 days after the day on which the person or entity pays the impact fee;
(b) for a challenge under Subsection 11-36a-701(3)(a)(i)(B), 180 days after the day on which the person or entity pays the impact fee;
(c) for a challenge under Subsection 11-36a-701(5):
(i) if the local political subdivision has spent or encumbered the impact fee, one year after the expiration of the time specified in Subsection 11-36a-602(2); or
(ii) if the local political subdivision has not yet spent or encumbered the impact fee, two years after the expiration of the time specified in Subsection 11-36a-602(2); or
(d) for a challenge under Subsection 11-36a-701(3)(a)(ii), one year after the day on which the person or entity pays the impact fee.
(2) The deadline to file an action in district court is tolled from the date that a challenge is filed using an administrative appeals procedure described in Section 11-36a-703 until 30 days after the day on which a final decision is rendered in the administrative appeals procedure.
Amended by Chapter 215, 2018 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 7 - Challenges › Section 703 - Procedures for challenging an impact fee.

11-36a-703.
Procedures for challenging an impact fee.
(1)
(a) A local political subdivision may establish, by ordinance or resolution, or a private entity may establish by prior written policy, an administrative appeals procedure to consider and decide a challenge to an impact fee.
(b) If the local political subdivision or private entity establishes an administrative appeals procedure, the local political subdivision shall ensure that the procedure includes a requirement that the local political subdivision make its decision no later than 30 days after the day on which the challenge to the impact fee is filed.
(2) A challenge under Subsection 11-36a-701(3)(a) is initiated by filing:
(a) if the local political subdivision or private entity has established an administrative appeals procedure under Subsection (1), the necessary document, under the administrative appeals procedure, for initiating the administrative appeal;
(b) a request for arbitration as provided in Section 11-36a-705; or
(c) an action in district court.
(3) The sole remedy for a successful challenge under Subsection 11-36a-701(1), which determines that an impact fee process was invalid, or an impact fee is in excess of the fee allowed under this act, is a declaration that, until the local political subdivision or private entity enacts a new impact fee study, from the date of the decision forward, the entity may charge an impact fee only as the court has determined would have been appropriate if it had been properly enacted.
(4) Subsections (2), (3), 11-36a-701(3), and 11-36a-702(1) may not be construed as requiring a person or an entity to exhaust administrative remedies with the local political subdivision before filing an action in district court under Subsections (2), (3), 11-36a-701(3), and 11-36a-702(1).
(5) The judge may award reasonable attorney fees and costs to the prevailing party in an action brought under this section.
(6) This chapter may not be construed as restricting or limiting any rights to challenge impact fees that were paid before the effective date of this chapter.
Amended by Chapter 200, 2013 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 36a - Impact Fees Act › Part 7 - Challenges › Section 704 - Mediation.

11-36a-704.
Mediation.
(1) In addition to the methods of challenging an impact fee under Section 11-36a-701, a specified public agency may require a local political subdivision or private entity to participate in mediation of any applicable impact fee.
(2) To require mediation, the specified public agency shall submit a written request for mediation to the local political subdivision or private entity.
(3) The specified public agency may submit a request for mediation under this section at any time, but no later than 30 days after the day on which an impact fee is paid.
(4) Upon the submission of a request for mediation under this section, the local political subdivision or private entity shall:
(a) cooperate with the specified public agency to select a mediator; and
(b) participate in the mediation process.
Enacted by Chapter 47, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 39 - Building Improvements and Public Works Projects › Section 102 - Requirement for plans and specifications and cost estimate.

11-39-102.
Requirement for plans and specifications and cost estimate.
Each local entity intending to undertake a building improvement or public works project paid for by the local entity shall cause:
(1) plans and specifications to be made for the building improvement or public works project; and
(2) an estimate of the cost of the building improvement or public works project to be made.
Enacted by Chapter 259, 2003 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 39 - Building Improvements and Public Works Projects › Section 103 - Requirements for undertaking a building improvement or public works project -- Request for bids -- Notice -- Authority to reject bids.

Effective 5/3/2023
11-39-103.
Requirements for undertaking a building improvement or public works project -- Request for bids -- Notice -- Authority to reject bids.
(1) If the estimated cost of the building improvement or public works project exceeds the bid limit, the local entity shall, if it determines to proceed with the building improvement or public works project:
(a) request bids for completion of the building improvement or public works project by
(i) providing notice for the local entity, as a class A notice under Section 63G-30-102, except the notice described in Subsection 63G-30-102(1)(c), for at least five days before opening the bids; and
(ii) at least five days before opening the bids, posting notice on a state website that is:
(A) owned or managed by or provided under contract with the division; and
(B) established for the purpose of posting public procurement notices; and
(b) except as provided in Subsection (3), enter into a contract for the completion of the building improvement or public works project with:
(i) the lowest responsive responsible bidder; or
(ii) for a design-build project formulated by a local entity, a responsible bidder that:
(A) offers design-build services; and
(B) satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements for a design-build project.
(2)
(a) Each notice under Subsection (1)(a) shall indicate that the local entity may reject any or all bids submitted.
(b)
(i) The cost of a building improvement or public works project may not be divided to avoid:
(A) exceeding the bid limit; and
(B) subjecting the local entity to the requirements of this section.
(ii) Notwithstanding Subsection (2)(b)(i), a local entity may divide the cost of a building improvement or public works project that would, without dividing, exceed the bid limit if the local entity complies with the requirements of this section with respect to each part of the building improvement or public works project that results from dividing the cost.
(3)
(a) The local entity may reject any or all bids submitted.
(b) If the local entity rejects all bids submitted but still intends to undertake the building improvement or public works project, the local entity shall again request bids by following the procedure provided in Subsection (1)(a).
(c) If, after twice requesting bids by following the procedure provided in Subsection (1)(a), the local entity determines that no satisfactory bid has been submitted, the governing body may undertake the building improvement or public works project as it considers appropriate.
Amended by Chapter 75, 2023 General Session, (Coordination Clause)
Amended by Chapter 75, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 39 - Building Improvements and Public Works Projects › Section 104 - Exceptions.

11-39-104.
Exceptions.
(1) The requirements of Section 11-39-103 do not apply to:
(a) emergency repairs;
(b) a building improvement or public works project if the estimated cost under Section 11-39-102 is less than the bid limit; or
(c) the conduct or management of any of the departments, business, or property of the local entity.
(2) This section may not be construed to limit the application of Section 72-6-108 to an improvement project, as defined in Section 72-6-109, that would otherwise be subject to Section 72-6-108.
(3) This part applies to a building improvement or public works project of a special service district only to the extent that the contract for the building improvement or public works project is in a class of contract designated under Section 17D-1-107 as subject to this part.
Amended by Chapter 360, 2008 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 39 - Building Improvements and Public Works Projects › Section 105 - Retained payments.

11-39-105.
Retained payments.
Each payment that the local entity retains on a contract with a private person, firm, or corporation shall be retained and released as provided in Section 13-8-5.
Enacted by Chapter 259, 2003 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 39 - Building Improvements and Public Works Projects › Section 106 - Attorney's fees and costs in civil action.

11-39-106.
Attorney's fees and costs in civil action.
In a civil action to enforce the provisions of this part against a local entity, the court may award attorney's fees and costs to the prevailing party.
Enacted by Chapter 259, 2003 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 39 - Building Improvements and Public Works Projects › Section 107 - Procurement code.

Effective 2/27/2023
11-39-107.
Procurement code.
(1) This chapter may not be construed to:
(a) prohibit a county or municipal legislative body from adopting the procedures of the procurement code; or
(b) limit the application of the procurement code to a special district or special service district.
(2) A local entity may adopt procedures for the following construction contracting methods:
(a) construction manager/general contractor, as defined in Section 63G-6a-103;
(b) a method that requires that the local entity draft a plan, specifications, and an estimate for the building improvement or public works project; or
(c) design-build, as defined in Section 63G-6a-103, if the local entity consults with a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter 3a, Architects Licensing Act, who has design-build experience and is employed by or under contract with the local entity.
(3)
(a) In seeking bids and awarding a contract for a building improvement or public works project, a county or a municipal legislative body may elect to follow the provisions of the procurement code, as the county or municipal legislative body considers appropriate under the circumstances, for specification preparation, source selection, or contract formation.
(b) A county or municipal legislative body's election to adopt the procedures of the procurement code may not excuse the county or municipality, respectively, from complying with the requirements to award a contract for work in excess of the bid limit and to publish notice of the intent to award.
(c) An election under Subsection (3)(a) may be made on a case-by-case basis, unless the county or municipality has previously adopted the procurement code.
(d) The county or municipal legislative body shall:
(i) make each election under Subsection (3)(a) in an open meeting; and
(ii) specify in its action the portions of the procurement code to be followed.
(4) If the estimated cost of the building improvement or public works project proposed by a special district or special service district exceeds the bid limit, the governing body of the special district or special service district may, if it determines to proceed with the building improvement or public works project, use the competitive procurement procedures of the procurement code in place of the comparable provisions of this chapter.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 40 - Criminal Background Checks by Political Subdivisions Operating Water Systems › Section 101 - Definitions.

Effective 2/27/2023
11-40-101.
Definitions.
As used in this chapter:
(1) "Applicant" means a person who seeks employment with a public water utility, either as an employee or as an independent contractor, and who, after employment, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility.
(2) "Division" means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103.
(3) "Independent contractor":
(a) means an engineer, contractor, consultant, or supplier who designs, constructs, operates, maintains, repairs, replaces, or provides water treatment or conveyance facilities or equipment, or related control or security facilities or equipment, to the public water utility; and
(b) includes the employees and agents of the engineer, contractor, consultant, or supplier.
(4) "Person seeking access" means a person who seeks access to a public water utility's public water system or publicly owned treatment works and who, after obtaining access, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility.
(5) "Publicly owned treatment works" has the same meaning as defined in Section 19-5-102.
(6) "Public water system" has the same meaning as defined in Section 19-4-102.
(7) "Public water utility" means a county, city, town, special district under Title 17B, Chapter 1, Provisions Applicable to All Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or other political subdivision of the state that operates publicly owned treatment works or a public water system.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 40 - Criminal Background Checks by Political Subdivisions Operating Water Systems › Section 102 - Criminal background check authorized -- Written notice required.

11-40-102.
Criminal background check authorized -- Written notice required.
(1) A public water utility may:
(a) require an applicant to submit to a criminal background check as a condition of employment;
(b) periodically require existing employees of the public water utility to submit to a criminal background check if, in the judgment of the public water utility, the employee is in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility; and
(c) require a person seeking access to submit to a criminal background check as a condition of acquiring access.
(2)
(a) Each applicant, person seeking access, and existing employee described in Subsection (1)(b) shall, if required by the public water utility:
(i) submit a fingerprint card in a form acceptable to the division; and
(ii) consent to a fingerprint background check by:
(A) the Utah Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(b) If requested by a public water utility, the division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for each applicant, person seeking access, or existing employee through a national criminal history system.
(c)
(i) A public water utility may make an applicant's employment with the public water utility or the access of a person seeking access conditional pending completion of a criminal background check under this section.
(ii) If a criminal background check discloses that an applicant or a person seeking access failed to disclose accurately a criminal history, the public water utility may deny or, if conditionally given, immediately terminate the applicant's employment or the person's access.
(iii) If an applicant or person seeking access accurately disclosed the relevant criminal history and the criminal background check discloses that the applicant or person seeking access has been convicted of a crime that indicates a potential risk for the safety of the public water utility's public water system or publicly owned treatment works or for the safety or well-being of patrons of the public water utility, the public water utility may deny or, if conditionally given, immediately terminate the applicant's employment or the person's access.
(3) Each public water utility that requests a criminal background check under Subsection (1) shall prepare criteria for which criminal activity will preclude employment and shall provide written notice to the person who is the subject of the criminal background check that the background check has been requested.
Amended by Chapter 90, 2004 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 40 - Criminal Background Checks by Political Subdivisions Operating Water Systems › Section 103 - Duties of the Criminal Investigation and Technical Services Division -- Costs of separate file and background check.

11-40-103.
Duties of the Criminal Investigation and Technical Services Division -- Costs of separate file and background check.
(1) If a public water utility requests the division to conduct a criminal background check, the division shall:
(a) release to the public water utility the full record of criminal convictions for the person who is the subject of the background check;
(b) if requested by the public water utility, seek additional information from regional or national criminal data files in conducting the criminal background check;
(c) maintain a separate file of fingerprints submitted under Section 11-40-102; and
(d) notify the requesting public water utility when a new entry is made against a person whose fingerprints are held in the file.
(2)
(a) Each public water utility requesting a criminal background check shall pay the cost of maintaining the separate file under Subsection (1) from fees charged to those whose fingerprints are submitted to the division.
(b) Each public water utility requesting the division to conduct a criminal background check shall pay the cost of the background check, and the money collected shall be credited to the division to offset its expenses.
Enacted by Chapter 39, 2003 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 40 - Criminal Background Checks by Political Subdivisions Operating Water Systems › Section 104 - Written notice to person whose employment is denied or terminated -- Right to respond and seek review.

11-40-104.
Written notice to person whose employment is denied or terminated -- Right to respond and seek review.
If a public water utility denies or terminates the employment of a person because of information obtained through a criminal background check under this chapter, the public water utility shall:
(1) notify the person in writing of the reasons for the denial or termination; and
(2) give the person an opportunity to respond to the reasons and to seek review of the denial or termination through administrative procedures established by the public water utility.
Enacted by Chapter 39, 2003 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 41 - Prohibition on Retail Facility Incentive Payments Act › Section 103 - Prohibition on retail facility incentive payments -- Exceptions.

Effective 5/4/2022
11-41-103.
Prohibition on retail facility incentive payments -- Exceptions.
(1) Except as provided in Subsection (2), a public entity may not:
(a) make a retail facility incentive payment under an agreement that is initiated or entered into on or after July 1, 2022; or
(b) initiate or enter into an agreement on or after July 1, 2022, to make a retail facility incentive payment.
(2) Notwithstanding Subsection (1), a public entity may make a retail facility incentive payment for:
(a) a retail facility located entirely within a census tract in which more than 51% of residents have a household income at or below 70% of the county area median income;
(b) a retail facility included as part of a mixed-use development in which:
(i) the development includes at least one housing unit for every 1,250 square feet of retail space within the development; and
(ii) at least 10% of the new or proposed housing units within the development qualify as moderate income housing, in accordance with the moderate income housing plan of the municipality or county in which the development is located;
(c) a retail facility included as part of a development in which:
(i) the retail facility has a gross sales floor area of no more than 20,000 square feet; and
(ii) no other retail facility with a gross sales floor area of more than 20,000 square feet is located within the same development;
(d) a retail facility located within a county of the fourth, fifth, or sixth class;
(e) a retail facility for a small business;
(f) a retail facility for a Utah-based nonprofit arts or cultural organization; or
(g) a retail facility for a ski resort that:
(i) has been in operation for at least 40 years; and
(ii) provides at least 1,000 acres for skiing.
(3) A person who receives public funds for a mixed-use development in accordance with Subsection (2)(b) may not use the public funds for the development, construction, renovation, or operation of housing units within the mixed-use development unless the housing units qualify as moderate income housing in accordance with the moderate income housing plan of the municipality or county in which the development is located.
(4)
(a) For each fiscal year that a public entity makes a retail facility incentive payment described in Subsections (2)(a) through (c), the public entity shall submit a written report to the office in accordance with Subsection 11-41-104(1).
(b) For each fiscal year that a public entity makes a retail facility incentive payment described in Subsections (2)(d) through (g), the public entity shall submit a notification to the office in accordance with Subsection 11-41-104(2).
Amended by Chapter 307, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42 - Assessment Area Act › Part 1 - General Provisions › Section 103 - Limit on effect of this chapter.

Effective 3/28/2017
11-42-103.
Limit on effect of this chapter.
(1) Nothing in this chapter may be construed to authorize a local entity to provide an improvement or service that the local entity is not otherwise authorized to provide.
(2) Notwithstanding Subsection (1), a local entity may provide an environmental remediation activity that the local entity finds or determines to be in the public interest.
Amended by Chapter 470, 2017 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42 - Assessment Area Act › Part 1 - General Provisions › Section 104 - Waiver by property owners -- Requirements.

11-42-104.
Waiver by property owners -- Requirements.
(1) The owners of property to be assessed within an assessment area may waive:
(a) the prepayment period under Subsection 11-42-411(6);
(b) a procedure that a local entity is required to follow to:
(i) designate an assessment area; or
(ii) levy an assessment; or
(c) a period to contest a local entity action.
(2) Each waiver under this section shall:
(a) be in writing;
(b) be signed by all the owners of property to be assessed within the assessment area;
(c) describe the prepayment period, procedure, or contest period being waived;
(d) state that the owners waive the prepayment period, procedure, or contest period; and
(e) state that the owners consent to the local entity taking the required action to waive the prepayment period, procedure, or contest period.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42 - Assessment Area Act › Part 1 - General Provisions › Section 105 - No limitation on other local entity powers -- Conflict with other statutory provisions.

11-42-105.
No limitation on other local entity powers -- Conflict with other statutory provisions.
(1) This chapter may not be construed to limit a power that a local entity has under other applicable law to:
(a) make an improvement or provide a service;
(b) create a district;
(c) levy an assessment or tax; or
(d) issue bonds or refunding bonds.
(2) If there is a conflict between a provision of this chapter and any other statutory provision, the provision of this chapter governs.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42 - Assessment Area Act › Part 1 - General Provisions › Section 107 - Accepting donation or contribution.

11-42-107.
Accepting donation or contribution.
A local entity may accept any donation or contribution from any source for the payment or the making of an improvement in an assessment area.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42 - Assessment Area Act › Part 1 - General Provisions › Section 108 - Utility connections before paving or repaving is done -- Failure to make connection.

11-42-108.
Utility connections before paving or repaving is done -- Failure to make connection.
(1) The governing body may require:
(a) that before paving or repaving is done within an assessment area, all water, gas, sewer, and underground electric and telecommunications connections be made under the regulations and at the distances from the street mains to the line of the property abutting on the street to be paved or repaved that the local entity prescribes by resolution or ordinance; and
(b) the water company owning the water pipe main, the gas company owning the gas pipe main, and the electric or telecommunications company owning the underground electric or telecommunications facilities to make the connections.
(2) Upon the failure of a water company, gas company, or electric or telecommunications company to make a required connection:
(a) the local entity may cause the connection to be made; and
(b)
(i) the cost that the local entity incurs in making the connection shall be deducted from the amount of any debt the local entity owes to the company; and
(ii) the local entity may not pay a bill from the company until all the cost has been offset as provided in Subsection (2)(b)(i).
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42 - Assessment Area Act › Part 1 - General Provisions › Section 109 - Severability.

11-42-109.
Severability.
A court's invalidation of any provision of this chapter may not be considered to affect the validity of any other provision of this chapter.
Enacted by Chapter 329, 2007 General Session