I’ve been looking over some amendments that Sen. John Valentine has made to SB190 and it appears to be much improved over its original form. The utility fee is back on the table, but it does require that municipalities carve out exemptions for “economically indigent” persons if they can’t afford the fee. It also conveniently still omits Provo from these new requirements despite its large low-income student population.
The changes came after Sen. Valentine met with mayors from UTOPIA cities, something he probably should have done before even drafting the bill. It also cites unnamed “mayors” who initially pushed him to run the bills, presumably not from UTOPIA cities. I’d personally like to know who they were and why they would care what UTOPIA cities are doing with their budgets and bond debts.
One lingering concern I have is that “economically indigent” isn’t a defined term I can find in either in the bill or elsewhere in the chapter. The best I can find is in Title 77-32-202, paragraph (3)(a)(ii) where indigent is defined as under 150% of the federal poverty level for purposes of assigning free legal counsel. Based on the current federal poverty level, that would work out to $35,325 for a family of four. It’s unknown if that would be the standard by which all cities would be judged or if they’d be free to establish their own guidelines.
Even with the improvements, I still plan to speak against this bill. If it’s a good idea, there’s no reason to exempt Provo (thus providing an indirect advantage to Google). I’m also not comfortable with leaving terms undefined as a “gotcha” to try putting the original restrictions in place in another session. Finally, I don’t like the legislature trying to dictate terms to cities as if they are a super-city council. If they want to run the city, they should get on the council themselves.