72-2-503. Board creation -- Duties -- Grant administration.
(1)
(a) There is created the Affordable Housing Infrastructure Grant Board consisting of:
(i) the following five voting members:
(A) the executive director of the Governor's Office of Economic Development appointed under Section 63N-1a-302, or the executive director's designee;
(B) two individuals from a county of the first class, as classified in Section 17-60-104, appointed by the speaker of the House of Representatives; and
(C) two individuals from a county of the first class, as classified in Section 17-60-104, appointed by the president of the Senate; and
(ii) the following two nonvoting members:
(A) the executive director of the department, or the executive director's designee; and
(B) the legislative fiscal analyst, or the legislative fiscal analyst's designee.
(b) In accordance with this section, the board shall award grants to public entities in a county of the first class, as classified in Section 17-60-104, for infrastructure that will facilitate the development of affordable housing units.
(2)
(a) The Governor's Office of Economic Development shall provide staff support for the board and the grant program.
(b) The Governor's Office of Economic Development may use and the department shall transfer grant funds for the costs of the Governor's Office of Economic Development to administer the grant program under this part.
(c) The Governor's Office of Economic Development and the department shall enter into a memorandum of understanding to facilitate the calculation and transfer of funds for the administrative costs described in Subsection (2)(b).
(3) The department, in consultation with the board, shall develop a process for the prioritization of grant proposals that includes:
(a) instructions on making and submitting a grant proposal;
(b) methodology for selecting grants; and
(c) methodology for awarding grants.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish the process described in Subsection (3) and as otherwise necessary to implement this part.
(5) The board shall:
(a) accept grant applications;
(b) rank grant proposals; and
(c) award grants in accordance with this part.
(6) A grant applicant shall ensure that each grant proposal includes:
(a) information about the proposed project, including the projected number of affordable housing units, which may not be less than 50 units of affordable housing;
(b) the projected time line of the proposed project;
(c) data and information regarding the proposed types of affordable housing; and
(d) information about the public infrastructure and other improvements needed.
(7)
(a) In considering a grant proposal, the board shall:
(i) give priority to a project that includes, as a substantial component, the construction of detached single-family owner-occupied starter homes; and
(ii) consider criteria including:
(A) the value and number of housing units the project will produce;
(B) the value of any matching contribution from the grant applicant, including information about how the public entity determined the value of the matching assets; and
(C) any other criteria the board determines relevant.
(b) For a grant proposal including highway infrastructure, the board may not award a grant unless the grant applicant provides a minimum matching contribution of the right-of-way needed for the highway improvements.
(c) If a grant proposal includes highway infrastructure, the board shall give priority to the construction of public highways that are highways of regional significance that connect to other highways or points of regional significance.
(8)
(a) Subject to available funding, and subject to Subsection (8)(b), the board may award a grant to a recipient that the board determines advisable.
(b) For every $20,000 of grant funding awarded to a recipient, the infrastructure shall support at least one unit of affordable housing.
(c) The board may not award a grant to a recipient if the board determines that the recipient will not be able to satisfy the requirement under Subsection (8)(b).
(9) If the board approves the award of a grant as provided in this part, the department shall transfer the money to the grant recipient in accordance with Subsection (10).
(10)
(a)
(i) Except as provided in Subsection (10)(b), before the department may provide grant money to a public entity for a project related to a grant awarded by the board, the public entity shall provide a detailed cost estimate of costs to complete the planning and design of the project.
(ii) If the executive director approves the cost estimate described in Subsection (10)(a)(i), the department may provide to the public entity grant money reasonably necessary to complete the planning and design of the project.
(iii) After completion of the planning and design of a project related to a grant awarded by the board, the public entity shall provide to the department a detailed estimate of the costs to construct and complete the project described in Subsection (10)(a)(ii).
(iv) If the executive director approves the cost estimates described in Subsection (10)(a)(iii), the department may provide grant money to a public entity to construct and complete the project described in Subsection (10)(a)(ii).
(b) The board may, in relation to a grant awarded by the board:
(i) waive the requirements of Subsection (10)(a); and
(ii) direct the department to transfer grant money to the grant recipient.
Amended by Chapter 343, 2026 General Session
