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Legislative Updates - 17 February 2026
<< All 2026 updates
GrassRoots
Committed to Promoting the Principles of Limited Government, Constitution,
Representative Government, Participatory Republic, Free Market Economy,
Family, and Separation of Powers
www.utahgrassroots.org
Utah GrassRoots Legislative Update—17 February 2026
(4 weeks into the 2026 General Session of the Utah State Legislature)
Contents:
- Pages 1-2: The Proper Role of Government
- Pages 2-5: The Utah Housing Strategic Plan and related bills:
--HCR6Sub1, “[House] Concurrent Resolution Regarding the Utah Housing Strategic Plan”; and
--HB477, “Land Use Regulation Revisions”.
- Pages 5-6: Another bill catching our attention this week:
--SB165Sub1, “Economic Mobility Initiative”, establishing a grant program.
Dear Friends:
This is GrassRoots’ 4th legislative update of this year’s General Session
of the Utah State Legislature. At this time (4 weeks into the session),
there are about 950 numbered bills for this session on the Utah Legislature
website. Here are some bills and issues that we consider to be noteworthy.
The Proper Role of Government
What is the Proper Role of Government? This may be the ultimate, most
important question that our Legislature should keep in mind as they seek to
fulfill their constitutional obligations and oaths of office.
As we ponder upon what that Proper Role is, we would also do well to
remember what Government is. To a large extent, it is the employment of
force to accomplish various ends. The payment of taxes is not an optional
item that the Government allows us to pay or not to pay as we choose.
Hopefully, the Government does not wait for criminals to come to jail and
make restitution on their own accord; rather Government employs force to
inflict punishment on those disobeying the law.
Throughout history, it has been common for Government to be treated
as a sort of Master, or even like a god that is not subject to the same
rules of morality that are taken for granted by people of conscience.
Treating Government as Master has led to its being wielded for massive
redistribution of wealth and other infringements on human rights, the
excuse being that we supposedly need to allow this Master full reign to
solve all of our problems. This has led to some of the most painful, most
murderous disasters in human history.
In our country however, we have been blessed with a wonderful
heritage of Government being treated as an Agent of the People (though we
have frequently departed from this wonderful ideal). The preamble to our
nation’s constitution states that “We the People . . . do ordain and
establish this Constitution for the United States of America.” And, in our
Bill of Rights, we wrote into our Supreme Law a number of explicit
restrictions on the behavior of our Agent. One noteworthy limitation is
that private property shall not “be taken for public use without just
compensation” (Fifth Amendment, see also Utah State Constitution, Article
I, Sections 7 and 22). The taking of private property through taxation,
merely to redistribute wealth, is theft. If there are to be any taxes, our
Agent should be duly diligent that there is just compensation to the
taxpayer.
And, if Government is our Agent, then we the People cannot morally
delegate to that Agent any use of force that would be immoral for any
individual to exercise himself. Every proposed use of force by our Agent
should be preceded with the question, “Would it be moral for me (or my
spouse or my neighbor or any individual) to wield force against others in a
manner analogous to this proposed regulation?”
The Utah Housing Strategic Plan and related bills:
It appears that much political effort has gone into the formulation of
something called the Utah Housing Strategic Plan (hereafter “Plan”). A
summary of the Plan may be found at https://le.utah.gov/interim/2025/pdf/00004009.pdf. What is the Plan? It
is advertised as “A consensus-based implementation strategy to address
Utah’s housing crisis”.
The following reasons are given for this Plan:
- “Only 9% of Utahns can afford the median-priced home.”
- “The median age of first time homebuyers is 38 according to the
National Association of Realtors.”
- “Utah needs 274,000 new housing units to meet the 2033 demand.”
It is understandable that we should want more-affordable housing. Is the
Plan a sound pathway to the goal of more-affordable housing?
A closer look at the priorities outlined in the Plan is in order.
Following are some priorities laid out in the Plan (in quotes), along with
some Utah GrassRoots comments:
“Top Priority Tactics”
- Plan: “Inventory, analyze, and develop a plan for publicly-owned land
that may be suitable for future housing.” GrassRoots: This makes
some sense. To the extent that Government is keeping land off the
market, this could be a part of the problem that needs to be addressed
by Government. At the same time, we should try to address this
problem in a way that does not amount to a giveaway to favored private
interests.
- Plan: “Expand funding, including leveraging federal grants, for an
infrastructure revolving loan fund to support implementation of
station area plans and new master-planned developments and which may
be repaid by development.” GrassRoots: This “expanded funding” does
not appear to us to fall within the Proper Role of Government. Also,
it is understandable that, with so many federal grants sloshing
around, we might want to “get our share” or even more. But we would
urge some care to avoid dependence on, and encouragement of, national
spending on items falling outside the enumerated powers of Article I,
Section 8 of our national constitution and outside the Proper Role of
the National Government.
- Plan: “Secure ongoing funding for a revolving loan fund to provide
low- or zero-interest loans for the acquisition and development of
affordable housing projects and may be repaid by development.”
GrassRoots: This sounds somewhat socialistic. Such funding, along
with artificial manipulation of interest rates, is not a Proper Role
of Government.
“Priority Tactics”
- Plan: “Incentivize local governments to implement zoning reforms by
leveraging existing state funding programs to offer priority to cities
that are implementing the state’s housing priorities of starter homes,
station area plans, missing middle housing, and condominiums.”
GrassRoots: Is it the Proper Role of State Government to set housing
priorities, and manipulate Local Governments accordingly? We think
the setting of housing priorities is something that should belong much
more to the Free Market.
- Plan: “Review and revise state statute to require cities and towns to
allow detached ADUs (DADUs) [where ‘ADU’ means ‘accessory dwelling
unit’], with reasonable considerations for infrastructure capacity,
parking, public safety and health, etc.” GrassRoots: If there are
zoning practices that violate human rights (including property
rights), it is proper for State Government to take measures against
such practices. From what we have read in the Long Title of House
Bill 477 (HB477), and Libertas Institute’s commentary on that bill,
HB477 may be an effort in this direction.
- Plan: “Convene a working group to explore ways to better utilize the
state’s Medicaid funding to provide wraparound supports to accompany
deeply affordable housing initiatives.” GrassRoots: Medicaid is
outside the Proper Role of Government. We should be considering the
best ways to phase it out--not toying with ways to expand it.
“Additional Tactic Recommendations”
- Plan: “Establish a new housing funding coordination body to
proactively utilize and coordinate federal, state, and other funds to
implement regional housing projects and solutions.” GrassRoots: We
are not in favor of tax dollars being directed to housing projects.
These investment decisions more properly belong in the Free Market
Economy. We are also skeptical of so-called “Private-Public
Partnerships” that are so frequently vehicles for Crony Capitalism,
enriching favored private interests at taxpayer expense.
- Plan: “Direct additional funding towards Main Street revitalization
as a strategy to expand housing choice, enhance community appeal, and
support local businesses.” GrassRoots: This sounds like
inappropriate State Government involvement where the initiative should
come from the Free Market and local communities.
- Plan: “Expand and fund an eviction mediation and prevention program.”
GrassRoots: This sounds like another inappropriate burden on the
taxpayer.
- Plan: “Develop standards and include Graduated Density Zoning as an
MIHP option to encourage parcel aggregation for redevelopment
projects, with a targeted minimum % of affordable units.” GrassRoots:
This looks like more central planning, where freedom and Free Market
Capitalism should provide the answers.
If we are to have a State Government plan for improvement of housing
affordability in Utah, here are some ideas that, we (at GrassRoots) think,
would be helpful:
- Reduce the size and spending of Utah State Government. As discussed
in our weekly update of January 26th, appropriations for the current
fiscal year amount to $8-9K per person, or $32-36K per family of four.
We suspect that State Government spending on this scale exceeds the
Proper Role of Government, creates substantial disincentives for
productive work, and makes housing less affordable in Utah.
- Reduce Utah State Government spending on, and favoritism toward,
sports venues. Such spending belongs in the private sector, if
anywhere. But, for all we know, various taxpayer-assisted sports
complexes have gobbled up available land, and driven up land prices in
these areas, making housing less affordable in those areas.
- Reduce Utah State Government spending on housing. It looks obvious to
us that Government spending on Medicaid and Medicare and “Affordable
Care Act” programs have done much to drive medical care costs through
the roof throughout the United States. There is reason to believe
throwing taxpayer dollars at housing will have a similar effect,
driving up the price of housing.
- We wonder if the presence of illegal immigrants in Utah has had a
material effect on housing demand and costs. If yes, then this may be
an additional reason for greater attentiveness to the enforcement of
immigration laws. While some responsibility for such enforcement lies
with the national government, we should ensure that our state,
counties, and cities do not act as “sanctuaries” for illegal
immigrants.
- We need to eliminate unneeded regulations that make it harder to make
a living and that make the economy less productive. For example, we
suspect that there are numerous occupational licensing regulations
that create unnecessary barriers to entry. Preventing people from
doing productive work obviously makes housing less affordable for many
of them, but probably for the rest of us too.
- We need an attitude change toward the money sloshing around in the
National Government. This is more difficult, since we in Utah may not
be able to fully control the National Government. But we should
consider ways that we can use our influence to reduce its size and the
amount of its spending, which, after all, is likely the largest single
contributor to inflation and to recent increases in interest rates.
Now, here are a couple of bills catching our attention in relation to this
Plan:
HCR6Sub1, “Concurrent Resolution Regarding the Utah Housing Strategic Plan”, sponsored by Representative Whyte and Senator Fillmore, would
support the implementation of the Utah Housing Strategic Plan.
HCR6Sub1 passed the House 41-26 on February 6th, and the Senate
Economic Development and Workforce Services Committee 5-0 on February 13th,
and awaits consideration on the Senate Consent Calendar.
We think there may be some good ideas in the Plan, but we are
concerned about its apparent tendencies toward central planning, government
(meaning taxpayer) funding, and inappropriate use of government force.
GrassRoots favors a “no” vote on HCR6Sub1.
HB477, “Land Use Regulation Revisions”, sponsored by Representative Koford
and Senator Cullimore, would, according to its Long Title:
- amend requirements for a modified feasibility request related to a
proposed municipal incorporation;
- modify requirements for an ordinance establishing a planning
commission;
- modify planning commission powers and duties;
- modify the requirement to place certain infrastructure completion
assurances in an interest-bearing account;
- require a specified municipality to allow a detached accessory
dwelling unit (DADU) as a permitted use in certain zones;
- clarify notice requirements for a proposed county land use ordinance
that is ministerial in nature; and
- modify a county's authority to deny an applicant a building permit or
certificate of occupancy if the applicant has not completed an
infrastructure improvement.
HB477 awaits consideration by the House Political Subdivisions
Committee.
We like allowing property owners greater freedom to build detached
accessory dwelling units on their land. However, we still need more time
to study this 36-page bill. GrassRoots takes no position on HB477 at this
time.
Another bill catching our attention this week:
SB165Sub1, “Economic Mobility Initiative”, sponsored by Senator Fillmore
and Representative Clancy, would:
- require the Governor's Office of Economic Opportunity (the office) to
contract with a technical assistance provider to establish a grant
program to support community-based partnerships;
- require the technical assistance provider to create two grant tracks;
- identify program results;
- establish community indicators for measuring progress;
- require the Governor's Office of Economic Opportunity to select a
technical assistance provider through a competitive procurement
process;
- establish data sharing requirements across state agencies; and
- require reporting on progress and outcomes.
The fiscal note for SB165Sub1 estimates that it would cost $5.1
million per year.
SB165Sub1 passed the Senate 2nd reading 23-1 on Feb 13th, and awaits
consideration on the Senate 3rd reading calendar.
We are skeptical of giving more power to the Governor’s Office of
Economic Opportunity, and of creating another government program, with
associated costs. This does not look to us like an appropriate use of
government force. We would prefer a $5 million tax cut. GrassRoots favors
a “no” vote on SB165Sub1.
If you have any questions about these bills, GrassRoots’ position on these
bills, or related matters, please contact either of us or any other member
of the Board of Utah GrassRoots.
Sincerely,
Steve Stromness
Vice-Chairman, Bill Review Coordinator, Utah GrassRoots
steven.stromness@gmail.com
435-637-5248
Don Guymon
Chairman, Utah GrassRoots
donguymon@gmail.com
801-574-9461
PS Do you want to contact a legislator? Go to le.utah.gov and click on
“Legislators”.
Do you want to read and follow legislation yourself? Go to le.utah.gov and
select “Bills” then “2026 Bills”.
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