DAR File No. 43849

Workforce Services, Housing and Community Development

Rule R990-300

Evaluation Process for Plan for Moderate Income Housing Reports

Notice of Proposed Rule

(New Rule)

DAR File No.: 43849
Filed: 07/01/2019 12:14:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule describes the evaluation process for moderate income housing reports to the Utah Department of Workforce Services, Housing and Community Development Division (HCDD) as required under Affordable Housing Modifications, S.B. 34 from the 2019 General Session.

Summary of the rule or change:

Under S.B. 34 (2019), certain municipalities and counties are required to make reports to HCDD regarding the moderate income housing plan element of their general plan. This proposed rule describes the plan requirements that HCDD will evaluate and the evaluation process.

Statutory or constitutional authorization for this rule:

• Subsection 35A-8-803(3)
• Section 10-9a-408
• Section 17-27a-408

Anticipated cost or savings to:

the state budget:

This proposed rule is not expected to have any fiscal impact on state revenues or expenditures because the rule does not deal directly with or impact state government entities.

local governments:

This proposed rule is not expected to have any fiscal impact on local governments' revenues or expenditures because the rule simply outlines how such entities may comply with existing statutory reporting requirements. This rule also provides a means for a local government to receive assistance from HCDD in improving the moderate income housing plan element of its general plan. Any costs associated with this rule are costs anticipated by S.B. 34 (2019) which requires the affected local governments to create the general plan and related reports.

small businesses:

This proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures because the program does not deal directly with or impact small businesses.

persons other than small businesses, businesses, or local governmental entities:

This proposed rule is not expected to cause any costs or savings on persons other than small businesses, businesses, or local government entities because the rule only impacts local governments.

Compliance costs for affected persons:

There are no compliance costs for affected persons as there are currently no fees associated with this rule. Any costs associated with this rule are costs anticipated by S.B. 34 (2019), which requires the affected local governments to create the general plan and related reports.

Comments by the department head on the fiscal impact the rule may have on businesses:

After a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Workforce Services
Housing and Community Development
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Amanda McPeck at the above address, by phone at 801-517-4709, by FAX at , or by Internet E-mail at ampeck@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2019

This rule may become effective on:

08/21/2019

Authorized by:

Jon Pierpont, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because the program does not deal directly with or impact non-small businesses.

 

The executive director of the Department of Workforce Services, Jon Pierpont, has reviewed and approved this fiscal analysis.

 

 

R990. Workforce Services, Housing and Community Development.

R990-300. Evaluation Process for Plan for Moderate Income Housing Reports.

R990-300-1. Authority.

This rule is authorized under Section 35A-8-803(3), which directs the Utah Department of Workforce Services, Housing and Community Development Division (HCDD) to make rules describing the evaluation process for moderate income housing reports.

 

R990-300-2. Purpose.

Pursuant to Section 35A-8-803(1) HCDD will advise political subdivisions of serious housing problems existing within their jurisdiction that require concerted public action for solution; assist political subdivisions in defining housing objectives and preparing for adoption of a five-year action plan designed to accomplish housing objectives within their jurisdiction; and, for entities required to submit an annual moderate income housing report to the Department as described in Sections 10-9a-408 and 17-27a-408, assist in the creation of the reports and evaluate the reports for the purposes of Sections 72-2-124(5) and (6).

 

R990-300-3. Definitions.

Terms used in these rules are defined in Sections 10-9a-103 and 17-27a-103. In addition:

(1) "Annual moderate income housing reporting form" means a form for annually reporting progress of the moderate-income housing element of the general plan.

(2) "Plan for moderate income housing" means a written document adopted by an entity's legislative body that includes:

(a) an estimate of the existing supply of moderate-income housing located within the entity;

(b) an estimate of the need for moderate income housing in the entity for the next five years;

(c) a survey of total residential land use;

(d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and

(e) a description of entity's program to encourage an adequate supply of moderate income housing.

 

R990-300-4. Entities Required to Report.

Entities required to submit an annual report are described in Sections 10-9a-401 and 17-27a-401.

 

R990-300-5. Evaluation Process for Plan for Moderate Income Housing.

(1) On or before December 1, 2019, an entity identified in Section 10-9a-401(3)(b) or Section 17-27a-401(3)(b) shall amend the general plan to comply with the respective Section and submit the plan for moderate income housing to HCDD as provided in Sections 10-9a-408 and 17-27a-408. A plan submitted to HCDD will be reviewed to ensure the following are included in the plan:

(a) Updated 5-year estimates of moderate-income housing needs.

(b) The moderate-income housing element and its implementation, based on three strategic affordable housing development policies that address the following:

(i) The strategic policy goal the entity selected for inclusion in the moderate-income housing element of its general plan, as described in Sections 10-9a-403(2)(b) and 17-27a-403(2)(b).

(ii) The specific outcomes the goal intends to accomplish.

(iii) A description of how the entity will monitor its annual progress toward achieving the goal.

(iv) A description of the resources the entity must allocate to complete this goal.

(v) A description of the barriers, if any, the entity is encountering in working toward the goal.

(c) For an entity that has a fixed guideway public transit station, in addition to the three strategies in R990-300-5(1)(b), the implementation either:

(i) encourages higher density or moderate-income residential development near major transit investment corridors, or

(ii) eliminates or reduces parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities.

(2) Beginning December 1, 2020 and annually thereafter, the legislative body of each entity described in Sections 10-9a-401 and 17-27a-401 shall complete an annual moderate income housing reporting form and submit the complete form to HCDD.

(a) HCDD will review the plan's effectiveness in achieving the entity's strategic policy goal, based on the parameters the entity has selected to define success.

(b) HCDD will review each reporting form for completeness and compliance with Sections 10-9a-403, 10-9a-408, 17-27a-403 and 17-27a-408.

(3) After reviewing a plan, HCDD will provide the entity a copy of the review.

(4) Additional planning requirements are detailed in Section 10, Part 9a and Section 17, part 27a. Certain planning requirements are not part of the plan for moderate income housing and are not subject to annual reporting to HCDD.

 

R990-300-6. Evaluation Process for Plan for Moderate Income Housing.

In accordance with Section 72-2-124, HCDD will communicate compliance with the annual report requirements as described in Sections 10-9a-408 or 17-27a-408 to the Department of Transportation in conjunction with the prioritization process timeline.

 

KEY: moderate income housing reports

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, Implemented, or Interpreted Law: 35A-8-803; 10-9a-408; 17-27a-408