Utah Code § 11-70-104 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-104
§ 11-70-104. Loan approval committee -- Approval of infrastructure loans
Status: in_force

(1) As used in this section: (a) "Borrower" means the same as that term is defined in Section 63A-3-401.5. (b) "Fairpark district development fund" means the same as that term is defined in Section 63A-3-401.5. (c) "Infrastructure loan" means the same as that term is defined in Section 63A-3-401.5. (d) "Infrastructure project" means the same as that term is defined in Section 63A-3-401.5. (e) "Loan approval committee" means a committee established under Subsection (2). (2) (a) The fairpark district shall establish a loan committee consisting of: (i) two individuals with expertise in public finance or infrastructure development, appointed by the governor; (ii) one individual with expertise in public finance or infrastructure development, appointed by the president of the Senate; (iii) one individual with expertise in public finance or infrastructure development, appointed by the speaker of the House of Representatives; and (iv) one individual with expertise in public finance or infrastructure development, appointed jointly by the president of the Senate and the speaker of the House of Representatives. (b) A board member may not be appointed to or serve as a member of the loan committee. (3) (a) The loan committee may recommend for board approval an infrastructure loan from the fairpark district development fund to a borrower for an infrastructure project undertaken by the borrower. (b) An infrastructure loan from the fairpark district development fund may not be made unless: (i) the infrastructure loan is recommended by the loan committee; and (ii) the board approves the infrastructure loan. (4) (a) If the loan committee recommends an infrastructure loan, the loan committee shall recommend the terms of an infrastructure loan in accordance with Section 63A-3-404. (b) The board shall require the terms of an infrastructure loan secured by enhanced property tax revenue to include a requirement that money from the infrastructure loan be used only for an infrastructure project within the project area that generates the enhanced property tax revenue. (5) The board may establish policies and guidelines with respect to prioritizing requests for infrastructure loans and approving infrastructure loans. (6) Within 60 days after the execution of an infrastructure loan, the board shall report the infrastructure loan, including the loan amount, terms, interest rate, and security, to: (a) the Executive Appropriations Committee; and (b) the State Finance Review Commission created in Section 63C-25-201. (7) (a) Salaries and expenses of committee members who are legislators shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. (b) A committee member who is not a legislator may not receive compensation or benefits for the member's service on the committee, but may receive per diem and reimbursement for travel expenses incurred as a committee member at the rates established by the Division of Finance under: (i) Sections 63A-3-106 and 63A-3-107; and (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 11-42a-104 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-104
§ 11-42a-104. Action to contest assessment or proceeding -- Requirements -- Exclusive remedy -- Bonds and assessment incontestable.
Status: in_force

(1) (a) A person may commence a civil action against a local entity to contest an assessment, a proceeding to designate an energy assessment area, or a proceeding to levy an assessment. (b) The remedies available in a civil action described in Subsection (1)(a) are: (i) setting aside the proceeding to designate an energy assessment area; or (ii) enjoining the levy or collection of an assessment. (2) (a) A person bringing an action under Subsection (1) shall bring the action in the district court with jurisdiction in the county in which the energy assessment area is located. (b) A person may not begin the action against or serve a summons relating to the action on the local entity more than 30 days after the earlier of: (i) the date of publication or posting of the notice of the adoption of a parameters resolution that the local entity adopts in accordance with Section 11-42a-201; (ii) the effective date of the energy assessment resolution or ordinance; or (iii) the written agreement between a local entity and a third-party lender, described in Section 11-42a-302. (3) An action under Subsection (1) is the exclusive remedy of a person: (a) claiming an error or irregularity in an assessment, a proceeding to designate an energy assessment area, or a proceeding to levy an assessment; or (b) challenging a bondholder's or third-party lender's right to repayment. (4) A court may not set aside, in part or in whole or declare invalid an assessment, a proceeding to designate an energy assessment area, or a proceeding to levy an assessment because of an error or irregularity that does not relate to the equity or justice of the assessment or proceeding. (5) Except as provided in Subsection (6), after the expiration of the 30-day period described in Subsection (2)(b): (a) the following become incontestable against any person that has not commenced an action and served a summons as provided in this section: (i) the written agreement entered into or to be entered into under Section 11-42a-302; (ii) the energy assessment bonds and refunding assessment bonds: (A) that a local entity has issued or intends to issue; or (B) with respect to the creation of an energy assessment area; and (iii) assessments levied on property in the energy assessment area; and (b) a court may not inquire into and a person may not bring a suit to enjoin or challenge: (i) the issuance or payment of an energy assessment bond or a refunding assessment bond; (ii) the payment under the written agreement between a local entity and a third-party lender described in Section 11-42a-302; (iii) the levy, collection, or enforcement of an assessment; (iv) the legality of an energy assessment bond, a refunding assessment bond, or a written agreement between a local entity and a third-party lender described in Section 11-42a-302; or (v) an assessment. (6) (a) A person may bring a claim of misuse of assessment funds through a mandamus action regardless of the expiration of the 30-day period described in Subsection (2)(b). (b) This section does not prohibit the filing of criminal charges against or the prosecution of a party for the misuse of assessment funds.
Utah Code § 11-58-607 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-607
§ 11-58-607. Revenue sharing agreements.
Status: in_force

(1) (a) Whenever a private entity's real estate development is supported by funding from the authority, authority staff may negotiate and enter into a revenue sharing agreement with the private entity. (b) The revenue sharing agreement shall establish, at a minimum: (i) a flat amount from or a percentage of the funds generated from the development that the private entity agrees to provide to the authority for contribution into the reinvestment account; and (ii) if the authority and private entity agree on a percentage of funds: (A) how often the private entity shall provide the percentage to the authority; and (B) the amount of time the private entity shall provide the percentage to the authority. (2) (a) Following the remediation and development of land included in a remediation project area, as described in Section 11-58-605, the authority shall ensure that a percentage of the profits derived from private sector activities in the project area are deposited into the reinvestment account on an annual basis. (b) The board, in consultation with the Office of the Legislative Fiscal Analyst, shall establish the percentage of profits described in Subsection (2)(a) for each remediation project area, which shall be no more than 50% of annual revenues from a remediation project area.
Utah Code § 11-58-504 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-504
§ 11-58-504. Amendment to a project area plan.
Status: in_force

(1) The authority may amend a project area plan by following the same procedure under this part as applies to the adoption of a project area plan. (2) The provisions of this part apply to the authority's adoption of an amendment to a project area plan to the same extent as they apply to the adoption of a project area plan. (3) If an amendment to a project area plan results in land being included in the project area that was not included in the project area before the amendment, the base taxable value applicable to the project area before the amendment applies to the land added to the project area by amendment.
Utah Code § 11-13-319 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-319
§ 11-13-319. Project entity continued operation study.
Status: in_force

(1) The Office of Energy Development shall conduct a study to: (a) evaluate all environmental regulations and permits to be filed to continue operation of a project entity's existing coal-powered electrical generation facility; (b) identify best available technology to implement additional environmental controls for continued operation of a project entity's existing coal-powered electrical generation facility; (c) identify the transmission capacity of the project entity; (d) coordinate with state and local economic development agencies to evaluate economic opportunities for continued use of a project entity's existing coal-powered electrical generation facility; (e) analyze the financial assets and liabilities of a project entity; (f) identify the best interests of the local economies, local tax base, and the state in relation to a project entity; (g) evaluate the viability of the continued operation of a project entity's existing coal-powered electrical generation facility: (i) under ownership of the state; or (ii) in a public private partnership; and (h) identify the steps necessary for the state to obtain first right of refusal for ownership of a project entity's existing coal-powered electrical generation facility. (2) A project entity shall cooperate and provide timely assistance and information to the Office of Energy Development in the preparation of the study described in Subsection (1). (3) The Office of Energy Development shall report to the Public Utilities, Energy, and Technology Interim Committee and the Legislative Management Committee on or before the Public Utilities, Energy, and Technology Interim Committee's September 2023 interim committee meeting. (4) The report described in Subsection (3) shall include: (a) the results of the study described in Subsection (1); (b) recommendations for continued operation of a project entity's existing coal-powered electrical generation facility; (c) environmental controls that need to be implemented for the continued operation of a project entity's existing coal-powered electrical generation facility; (d) recommendations to increase local and state tax revenue through the continued operation of a project entity's existing coal-powered electrical generation facility; and (e) recommendations for legislation to be introduced in the 2024 General Session to enable the continued operation of a project entity's existing coal-powered electrical generation facility.
Utah Code § 11-26-401 — Utah Code / Title 11 / Chapter 11-26 / § 11-26-401
§ 11-26-401. Definitions -- Prohibition on car sharing program taxes, fees, and other charges.
Status: in_force

(1) As used in this part: (a) "Car sharing" means the same as that term is defined in Section 13-48a-101. (b) "Local political subdivision" means the same as that term is defined in Section 11-14-102. (c) "Rental" means the same as the terms "lease" or "rental" are defined in Section 59-12-102. (2) A local political subdivision may not impose a tax, fee, or charge on the gross proceeds or gross income of a car sharing transaction that the local political subdivision does not impose on other transactions involving the rental of a motor vehicle without a driver.
Utah Code § 11-42-609 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-609
§ 11-42-609. Validation of previously issued obligations.
Status: in_force

(1) Subject to Subsection (2): (a) all local entity obligations issued by a local entity before April 30, 2007 are: (i) validated, ratified, and confirmed; and (ii) declared to constitute legally binding obligations in accordance with their terms; and (b) all proceedings before April 30, 2007 related to the authorization and issuance of local entity obligations are validated, ratified, and confirmed. (2) Nothing in this section may be construed to affect the validity of local entity obligations, a guaranty fund, or a reserve fund whose legality is being contested on April 30, 2007. (3) (a) This chapter applies to all local entity obligations issued after April 30, 2007, even though proceedings were taken before that date under provisions of the law then in effect but repealed or modified on or after that date. (b) Proceedings taken as described in Subsection (3)(a) under the law in effect before April 30, 2007 are validated, ratified, and confirmed, subject to question only as provided in Section 11-42-106. (4) The validity of local entity obligations issued before April 30, 2007 is not affected by changes to the law under which they were issued that become effective on or after April 30, 2007.
Utah Code § 11-59-306 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-306
§ 11-59-306. Limitations on board members -- Annual conflict of interest disclosure statement -- Exception -- Penalties.
Status: in_force

(1) As used in this section: (a) "Designated individual" means an individual: (i) (A) who is a member of the Senate or House of Representatives; (B) who has been appointed as a member of the board under Subsection 11-59-302(2)(a) or (b); and (C) whose legislative district includes some or all of the point of the mountain state land; or (ii) who is designated to serve as a board member under Subsection 11-59-302(2)(e) or (f). (b) "Direct financial benefit": (i) means any form of financial benefit that accrues to an individual directly as a result of the development of the point of the mountain state land, including: (A) compensation, commission, or any other form of a payment or increase of money; and (B) an increase in the value of a business or property; and (ii) does not include a financial benefit that accrues to the public generally as a result of the development of the point of the mountain state land. (c) "Family member" means a parent, spouse, sibling, child, or grandchild. (d) (i) "Interest in real property" means every type of real property interest, whether recorded or unrecorded, including: (A) a legal or equitable interest; (B) an option on real property; (C) an interest under a contract; (D) fee simple ownership; (E) ownership as a tenant in common or in joint tenancy or another joint ownership arrangement; (F) ownership through a partnership, limited liability company, or corporation that holds title to a real property interest in the name of the partnership, limited liability company, or corporation; (G) leasehold interest; and (H) any other real property interest that is capable of being owned. (ii) "Interest in real property" does not include: (A) an interest in a personal residence in which the individual resides or, in the case of an intended future acquisition, intends to reside; or (B) an interest as a tenant paying market-rate rent in a building that is located on point of the mountain state land. (2) An individual may not serve as a member of the board if: (a) subject to Subsection (5) for a designated individual, the individual owns an interest in real property on or within five miles of the point of the mountain state land; (b) a family member of the individual owns an interest in real property located on or within one-half mile of the point of the mountain state land; (c) the individual or a family member of the individual owns an interest in, is directly affiliated with, or is an employee or officer of a firm, company, or other entity that the individual reasonably believes is likely to participate in or receive compensation or other direct financial benefit from the development of the point of the mountain state land; or (d) the individual or a family member of the individual receives or is expected to receive a direct financial benefit. (3) (a) Before taking office as a board member, an individual shall submit to the authority a statement: (i) verifying that the individual's service as a board member does not violate Subsection (2); and (ii) for a designated individual, identifying any interest in real property located on or within five miles of the point of the mountain state land. (b) If a designated individual takes action, during the individual's service as a board member, to initiate, negotiate, or otherwise arrange for the acquisition of an interest in real property located on or within five miles of the point of the mountain state land, the designated individual shall submit a written statement to the board chair describing the action, the interest in real property that the designated individual intends to acquire, and the location of the real property. (4) Except for a board member who is a designated individual, a board member is disqualified from further service as a board member if the board member, at any time during the board member's service on the board, takes any action to initiate, negotiate, or otherwise arrange for the acquisition of an interest in real property located on or within five miles of the point of the mountain state land. (5) A designated individual who submits a written statement under Subsection (3)(a)(ii) or (b) may not serve or continue to serve as a board member unless at least two-thirds of all other board members conclude that the designated individual's service as a board member does not and will not create a material conflict of interest impairing the ability of the designated individual to exercise fair and impartial judgment as a board member and to act in the best interests of the authority. (6) (a) The board may not allow a firm, company, or other entity to participate in planning, managing, or implementing the development of the point of the mountain state land if a board member or a family member of a board member owns an interest in, is directly affiliated with, or is an employee or officer of the firm, company, or other entity. (b) Before allowing a firm, company, or other entity to participate in planning, managing, or implementing the development of the point of the mountain state land, the board may require the firm, company, or other entity to certify that no board member or family member of a board member owns an interest in, is directly affiliated with, or is an employee or officer of the firm, company, or other entity. (7) Except as provided in Subsection (13), a board member shall, no sooner than January 1 and no later than January 31 of each year during which the board member holds office on the authority's board: (a) prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604(6); and (b) submit the written disclosure statement to the administrator or clerk of the authority's board. (8) (a) No later than 10 business days after the date on which the board member submits the written disclosure statement described in Subsection (7) to the administrator or clerk of the authority's board, the administrator or clerk shall: (i) post an electronic copy of the written disclosure statement on the authority's website; and (ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (8)(a)(i). (b) The administrator or clerk shall ensure that the board member's written disclosure statement remains posted on the authority's website until the board member leaves office. (9) The administrator or clerk of the authority's board shall take the action described in Subsection (10) if: (a) a board member fails to timely submit the written disclosure statement described in Subsection (7); or (b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6). (10) If a circumstance described in Subsection (9) occurs, the administrator or clerk of the authority's board shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the board member of the violation and direct the board member to submit an amended written disclosure statement correcting the problem. (11) (a) It is unlawful for a board member to fail to submit or amend a written disclosure statement within seven days after the day on which the board member receives the notice described in Subsection (10). (b) A board member who violates Subsection (11)(a) is guilty of a class B misdemeanor. (c) The administrator or clerk of the authority's board shall report a violation of Subsection (11)(a) to the attorney general. (d) In addition to the criminal penalty described in Subsection (11)(b), the administrator or clerk of the authority's board shall impose a civil fine of $100 against a board member who violates Subsection (11)(a). (12) The administrator or clerk of the authority's board shall deposit a fine collected under this section into the authority's account to pay for the costs of administering this section. (13) For an individual who is appointed as a board member under Subsection 11-59-302(2)(a), (b), (c)(iii), (d), or (e): (a) Subsection (7) does not apply; and (b) the administrator or clerk of the authority's board shall, instead: (i) post an electronic link on the authority's website to the written disclosure statement the board member made in the board member's capacity as: (A) a state legislator, under Title 20A, Chapter 11, Part 16, Conflict of Interest Disclosures; or (B) an elected officer of a municipality, under Section 10-3-1313; and (ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (13)(b)(i).
Utah Code § 11-26-201 — Utah Code / Title 11 / Chapter 11-26 / § 11-26-201
§ 11-26-201. Definitions -- Ceiling on local charges based on gross revenue of public service provider.
Status: in_force

(1) As used in this part: (a) "Local charge" means one or more of the following charges paid by a public service provider to a county or municipality: (i) a tax; (ii) a license; (iii) a fee; (iv) a license fee; (v) a license tax; or (vi) a charge similar to Subsections (1)(a)(i) through (v). (b) "Municipality" means: (i) a city; or (ii) a town. (c) "Public service provider" means a person engaged in the business of supplying taxable energy as defined in Section 10-1-303. (2) A county or a municipality may not impose upon, charge, or collect from a public service provider local charges: (a) imposed on the basis of the gross revenue of the public service provider; (b) derived from sales, use, or both sales and use of the service within the county or municipality; and (c) in a total amount that is greater than 6% of gross revenue. (3) The determination of gross revenue under this section may not include: (a) the sale of gas or electricity as special fuel for motor vehicles; or (b) a local charge. (4) This section may not be construed to: (a) affect or limit the power of a county or a municipality to impose sales and use taxes under: (i) Title 59, Chapter 12, Sales and Use Tax Act; or (ii) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act; or (b) grant any county or municipality the power to impose a local charge not otherwise provided for by law. (5) This section takes precedence over any conflicting provision of law.
Utah Code § 11-45-101 — Utah Code / Title 11 / Chapter 11-45 / § 11-45-101
§ 11-45-101. Title.
Status: in_force

This chapter is known as "Loan Program for Energy Efficiency Projects."
Utah Code § 11-63-301 — Utah Code / Title 11 / Chapter 11-63 / § 11-63-301
§ 11-63-301. Compliance with industry standards.
Status: in_force

A trampoline park operator shall: (1) ensure that the trampoline park complies with industry standards regarding: (a) signage and notification for proper use of the trampoline park, safety procedures, and education of risk; (b) equipment and facilities, including materials, layout, condition, and maintenance; (c) staff training, including safety procedures and emergency response; (d) participant activities and behaviors that should be restricted; (e) separation of participants within the trampoline park based on age, size, or other necessary factors; (f) operational issues, including maintenance and injury logs and emergency response plans; (g) staff supervision and monitoring of activities; and (h) statistical tracking of injuries in a manner that does not personally identify the injured participant; and (2) notify the licensing staff of the local regulating authority within 48 hours of any changes in status to any requirement under this section.
Utah Code § 11-54-103 — Utah Code / Title 11 / Chapter 11-54 / § 11-54-103
§ 11-54-103. Sale of previously purchased item -- Limitations.
Status: in_force

A local government entity that sells a procurement item to a buyback purchaser for an amount that exceeds the amount the local government entity paid for the procurement item: (1) shall require the buyback purchaser to pay cash for the procurement item; (2) may not accept the excess repurchase amount in the form of a credit, discount, or other incentive on a future purchase that the local government entity makes from the buyback purchaser; and (3) may not use the excess repurchase amount to acquire an additional procurement item from the person who paid the excess repurchase amount.
Utah Code § 11-65-103 — Utah Code / Title 11 / Chapter 11-65 / § 11-65-103
§ 11-65-103. Nonlapsing funds.
Status: in_force

Money the lake authority receives from legislative appropriations is nonlapsing.
Utah Code § 11-1-205 — Utah Code / Title 11 / Chapter 11-1 / § 11-1-205
§ 11-1-205. Exceptions.
Status: in_force

(1) The requirements of this part do not apply to: (a) a school district selling surplus property to an eligible entity, or to a county or municipality reselling surplus property to a school district, in accordance with Title 53G, Chapter 4, Part 9, Surplus School District Land; (b) a local governmental entity offering public property back to the party the local governmental entity received the public property from, if required to do so by another provision of law; (c) a local governmental entity conveying public property to another governmental entity; (d) the sale of a cemetery plot; or (e) the abandonment or vacation of a public street in accordance with the requirements of Section 10-20-208, 17-79-208, or 72-5-105. (2) (a) A political subdivision that exchanges real property for another parcel of real property is not required to comply with the provisions of this part if: (i) both parties to the exchange are political subdivisions, both political subdivisions make a finding that the exchanged parcels are of reasonably equivalent value; or (ii) only one party to the exchange is a political subdivision, the political subdivision makes a finding that the political subdivision's public property has roughly the same fair market value as the real property the political subdivision will receive in the exchange. (b) For purposes of Subsection (2)(a), if one parcel of real property has an estimated fair market value that is within 10% above or below the estimated fair market value of another parcel of real property, the parcels are presumptively of reasonably equivalent value.
Utah Code § 11-13-302 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-302
§ 11-13-302. Payment of fee in lieu of ad valorem property tax by certain energy suppliers -- Method of calculating -- Collection -- Extent of tax lien.
Status: in_force

(1) (a) Each project entity created under this chapter that owns a project and that sells any capacity, service, or other benefit from it to an energy supplier or suppliers whose tangible property is not exempted by Utah Constitution Article XIII, Section 3, from the payment of ad valorem property tax, shall pay an annual fee in lieu of ad valorem property tax as provided in this section to each taxing jurisdiction within which the project or any part of it is located. (b) For purposes of this section, "annual fee" means the annual fee described in Subsection (1)(a) that is in lieu of ad valorem property tax. (c) The requirement to pay an annual fee shall commence: (i) with respect to each taxing jurisdiction that is a candidate receiving the benefit of impact alleviation payments under contracts or determination orders provided for in Sections 11-13-305 and 11-13-306, with the fiscal year of the candidate following the fiscal year of the candidate in which the date of commercial operation of the last generating unit, other than any generating unit providing additional project capacity, of the project occurs, or, in the case of any facilities providing additional project capacity, with the fiscal year of the candidate following the fiscal year of the candidate in which the date of commercial operation of the generating unit providing the additional project capacity occurs; and (ii) with respect to any taxing jurisdiction other than a taxing jurisdiction described in Subsection (1)(c)(i), with the fiscal year of the taxing jurisdiction in which construction of the project commences, or, in the case of facilities providing additional project capacity, with the fiscal year of the taxing jurisdiction in which construction of those facilities commences. (d) The requirement to pay an annual fee shall continue for the period of the useful life of the project or facilities. (2) (a) The annual fees due a school district shall be as provided in Subsection (2)(b) because the ad valorem property tax imposed by a school district and authorized by the Legislature represents both: (i) a levy mandated by the state for the state minimum school program under Section 53F-2-301; and (ii) local levies for capital outlay and other purposes under Sections 53F-8-303, 53F-8-301, and 53F-8-302. (b) The annual fees due a school district shall be as follows: (i) the project entity shall pay to the school district an annual fee for the state minimum school program at the rate imposed by the school district and authorized by the Legislature under Section 53F-2-301; and (ii) for all other local property tax levies authorized to be imposed by a school district, the project entity shall pay to the school district either: (A) an annual fee; or (B) impact alleviation payments under contracts or determination orders provided for in Sections 11-13-305 and 11-13-306. (3) (a) An annual fee due a taxing jurisdiction for a particular year shall be calculated by multiplying the tax rate or rates of the jurisdiction for that year by the product obtained by multiplying the fee base or value determined in accordance with Subsection (4) for that year of the portion of the project located within the jurisdiction by the percentage of the project which is used to produce the capacity, service, or other benefit sold to the energy supplier or suppliers. (b) As used in this section, "tax rate," when applied in respect to a school district, includes any assessment to be made by the school district under Subsection (2) or Section 63M-5-302. (c) There is to be credited against the annual fee due a taxing jurisdiction for each year, an amount equal to the debt service, if any, payable in that year by the project entity on bonds, the proceeds of which were used to provide public facilities and services for impact alleviation in the taxing jurisdiction in accordance with Sections 11-13-305 and 11-13-306. (d) The tax rate for the taxing jurisdiction for that year shall be computed so as to: (i) take into account the fee base or value of the percentage of the project located within the taxing jurisdiction determined in accordance with Subsection (4) used to produce the capacity, service, or other benefit sold to the supplier or suppliers; and (ii) reflect any credit to be given in that year. (4) (a) Except as otherwise provided in this section, the annual fees required by this section shall be paid, collected, and distributed to the taxing jurisdiction as if: (i) the annual fees were ad valorem property taxes; and (ii) the project were assessed at the same rate and upon the same measure of value as taxable property in the state. (b) (i) Notwithstanding Subsection (4)(a), for purposes of an annual fee required by this section, the fee base of a project may be determined in accordance with an agreement among: (A) the project entity; and (B) any county that: (I) is due an annual fee from the project entity; and (II) agrees to have the fee base of the project determined in accordance with the agreement described in this Subsection (4). (ii) The agreement described in Subsection (4)(b)(i): (A) shall specify each year for which the fee base determined by the agreement shall be used for purposes of an annual fee; and (B) may not modify any provision of this chapter except the method by which the fee base of a project is determined for purposes of an annual fee. (iii) For purposes of an annual fee imposed by a taxing jurisdiction within a county described in Subsection (4)(b)(i)(B), the fee base determined by the agreement described in Subsection (4)(b)(i) shall be used for purposes of an annual fee imposed by that taxing jurisdiction. (iv) (A) If there is not agreement as to the fee base of a portion of a project for any year, for purposes of an annual fee, the State Tax Commission shall determine the value of that portion of the project for which there is not an agreement: (I) for that year; and (II) using the same measure of value as is used for taxable property in the state. (B) The valuation required by Subsection (4)(b)(iv)(A) shall be made by the State Tax Commission in accordance with rules made by the State Tax Commission. (c) Payments of the annual fees shall be made from: (i) the proceeds of bonds issued for the project; and (ii) revenues derived by the project entity from the project. (d) (i) The contracts of the project entity with the purchasers of the capacity, service, or other benefits of the project whose tangible property is not exempted by Utah Constitution Article XIII, Section 3, from the payment of ad valorem property tax shall require each purchaser, whether or not located in the state, to pay, to the extent not otherwise provided for, its share, determined in accordance with the terms of the contract, of these fees. (ii) It is the responsibility of the project entity to enforce the obligations of the purchasers. (5) (a) The responsibility of the project entity to make payment of the annual fees is limited to the extent that there is legally available to the project entity, from bond proceeds or revenues, money to make these payments, and the obligation to make payments of the annual fees is not otherwise a general obligation or liability of the project entity. (b) No tax lien may attach upon any property or money of the project entity by virtue of any failure to pay all or any part of an annual fee. (c) The project entity or any purchaser may contest the validity of an annual fee to the same extent as if the payment was a payment of the ad valorem property tax itself. (d) The payments of an annual fee shall be reduced to the extent that any contest is successful. (6) (a) The annual fee described in Subsection (1): (i) shall be paid by a public agency that: (A) is not a project entity; and (B) owns an interest in a facility providing additional project capacity if the interest is otherwise exempt from taxation pursuant to Utah Constitution, Article XIII, Section 3; and (ii) for a public agency described in Subsection (6)(a)(i), shall be calculated in accordance with Subsection (6)(b). (b) The annual fee required under Subsection (6)(a) shall be an amount equal to the tax rate or rates of the applicable taxing jurisdiction multiplied by the product of the following: (i) the fee base or value of the facility providing additional project capacity located within the jurisdiction; (ii) the percentage of the ownership interest of the public agency in the facility; and (iii) the portion, expressed as a percentage, of the public agency's ownership interest that is attributable to the capacity, service, or other benefit from the facility that is sold, including any subsequent sale, resale, or layoff, by the public agency to an energy supplier or suppliers whose tangible property is not exempted by Utah Constitution, Article XIII, Section 3, from the payment of ad valorem property tax. (c) A public agency paying the annual fee pursuant to Subsection (6)(a) shall have the obligations, credits, rights, and protections set forth in Subsections (1) through (5) with respect to its ownership interest as though it were a project entity. (d) On or before March 1 of each year, a project entity that owns a project and that provides any capacity, service, or other benefit to an energy supplier or a public agency shall file an electronic report with the State Tax Commission that identifies: (i) each energy supplier and public agency to which the project entity delivers capacity, service, or other benefit; and (ii) the amount of capacity, service, or other benefit delivered to each energy supplier and public agency.
Utah Code § 11-63-201 — Utah Code / Title 11 / Chapter 11-63 / § 11-63-201
§ 11-63-201. Municipal or county business license required.
Status: in_force

To operate a trampoline park the operator of a trampoline park shall obtain and maintain, conditioned upon compliance with this chapter: (1) if the trampoline park is located within an incorporated municipality, a municipal business license authorized under Section 10-1-203; or (2) if located within the unincorporated area of a county, a county business license authorized under Section 17-64-505.
Utah Code § 11-46a-101 — Utah Code / Title 11 / Chapter 11-46a / § 11-46a-101
§ 11-46a-101. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Animal" means any nonhuman vertebrate life form. (b) "Animal" does not include domestic cats, domestic dogs, exotic animals, or reptiles. (2) (a) "Animal enterprise" means a commercial enterprise, an academic enterprise, or a competition that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, sport, or testing. (b) "Animal enterprise" includes an animal competition, exposition, fair, rodeo, farm, feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences. (c) "Animal enterprise" does not include an aquarium, circus, horse and carriage operation, retail pet store, or zoo. (3) "Exotic animal" means a: (a) member of the family Felidae not indigenous to Utah, except the species Felis catus (domestic cat); (b) nonhuman primate; (c) nonwolf member of the family Canidae not indigenous to Utah, except the species Canis familiaris (domestic dog); (d) bear; and (e) member of the order Crocodylia. (4) "Political subdivision" means: (a) a city or town; or (b) a county, as it relates to the licensing and regulation of an animal enterprise or working animal in the unincorporated area of the county. (5) (a) "Working animal" means an animal used for performing a specific duty or function in commerce, including an animal used for entertainment, herding, transportation, education, or exhibition. (b) "Working animal" does not include a horse and carriage operation.
Utah Code § 11-70-704 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-704
§ 11-70-704. Fairpark district chief financial officer is a public treasurer -- Certain fairpark district funds are public funds.
Status: in_force

(1) The fairpark district's chief financial officer: (a) is a public treasurer, as defined in Section 51-7-3; and (b) shall invest the fairpark district funds specified in Subsection (2) as provided in that subsection. (2) Notwithstanding Subsection 63E-2-110(2)(a), appropriations that the fairpark district receives from the state: (a) are public funds; and (b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
Utah Code § 11-32-2 — Utah Code / Title 11 / Chapter 11-32 / § 11-32-2
§ 11-32-2. Definitions.
Status: in_force

As used in this chapter: (1) "Assignment agreement" means the agreement, security agreement, indenture, or other documentation by which the county transfers the delinquent tax receivables to the authority in consideration of the amounts paid by the authority under the assignment agreement, as provided in this chapter. (2) "Bonds" means any bonds, notes, or other evidence of indebtedness of the financing authority issued under this chapter. (3) "Delinquent tax receivables" means those ad valorem tangible property taxes levied within any county, for any year, which remain unpaid and owing the participant members within the county, as of January 15 of the following year, plus any interest and penalties accruing or assessed to them. (4) "Financing authority" or "authority" means a nonprofit corporation organized under this chapter by a county on behalf of the participant members within the county as the financing authority for the participant members solely for the purpose of financing the assignment of the delinquent tax receivables of the participant members for which it was created. (5) "Governing body" means the council, commission, county legislative body, board of education, board of trustees, or any other governing entity of a public body in which the legislative powers of the public body are vested. (6) "Participant members" means those public bodies, including the county, the governing bodies of which approve the creation of an authority as provided in Section 11-32-3 and on whose behalf the authority acts. (7) "Public body" means any city, town, county, school district, special service district, special district, community reinvestment agency, or any other entity entitled to receive ad valorem property taxes, existing under the laws of the state.
Utah Code § 11-59-104 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-104
§ 11-59-104. Loan committee -- Approval of infrastructure loans.
Status: in_force

(1) As used in this section: (a) "Borrower" means the same as that term is defined in Section 63A-3-401.5. (b) "Infrastructure loan" means the same as that term is defined in Section 63A-3-401.5. (c) "Infrastructure project" means the same as that term is defined in Section 63A-3-401.5. (d) "Point of the mountain fund" means the same as that term is defined in Section 63A-3-401.5. (e) "Loan committee" means a committee established under Subsection (2). (2) The authority shall establish a five-member loan committee consisting of: (a) the individual who is the board member appointed by the governor under Subsection 11-59-302(2)(c)(ii); (b) the individual who is a board member under Subsection 11-59-302(2)(e) because the individual is the mayor of Draper or a member of the Draper city council; (c) the executive director of the Department of Transportation, or the executive director's designee; (d) an individual, appointed by the governor, who: (i) is not an elected official; and (ii) has expertise in public finance or infrastructure development; and (e) an individual, appointed jointly by the president of the Senate and speaker of the House of Representatives, who: (i) is not an elected official; and (ii) has expertise in public finance or infrastructure development. (3) (a) The loan committee may recommend for board approval an infrastructure loan from the point of the mountain fund to a borrower for an infrastructure project undertaken by the borrower. (b) An infrastructure loan from the point of the mountain fund may not be made unless: (i) the infrastructure loan is recommended by the loan committee; and (ii) the board approves the infrastructure loan. (4) If the loan committee recommends an infrastructure loan, the loan committee shall recommend the terms of the infrastructure loan in accordance with Section 63A-3-404. (5) The board may establish policies and guidelines with respect to prioritizing requests for infrastructure loans and approving infrastructure loans. (6) Within 60 days after the execution of an infrastructure loan, the board shall report the infrastructure loan, including the loan amount, terms, interest rate, and security, to: (a) the Executive Appropriations Committee; and (b) the State Finance Review Commission created in Section 63C-25-201. (7) (a) Salaries and expenses of committee members who are legislators shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. (b) A committee member who is not a legislator may not receive compensation or benefits for the member's service on the committee, but may receive per diem and reimbursement for travel expenses incurred as a committee member at the rates established by the Division of Finance under: (i) Sections 63A-3-106 and 63A-3-107; and (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 11-59-303 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-303
§ 11-59-303. Term of board members -- Quorum requirements -- Compensation.
Status: in_force

(1) (a) The term of each board member appointed under Subsection 11-59-302(2) is four years, except that the initial term of one of the members appointed under Subsection 11-59-302(2)(a) is two years and the member appointed under Subsection 11-59-302(2)(c) is two years. (b) At the time of making the appointments described in Subsection 11-59-302(2)(a), the governor shall designate the board member whose initial term is two years. (2) Each board member shall serve until a successor is duly appointed and qualified. (3) A majority of voting board members constitutes a quorum, and the action of a majority of a quorum constitutes the action of the board. (4) (a) A board member who is not a legislator may not receive compensation or benefits for the member's service on the board, but may receive per diem and expense reimbursement for travel expenses incurred as a board member as allowed in: (i) Sections 63A-3-106 and 63A-3-107; and (ii) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107. (b) Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
Utah Code § 11-68-503 — Utah Code / Title 11 / Chapter 11-68 / § 11-68-503
§ 11-68-503. Authority to purchase agency bonds.
Status: in_force

(1) Any person, firm, corporation, association, political subdivision of the state, or other entity or public or private officer may purchase bonds issued by an authority under this part with funds owned or controlled by the purchaser. (2) Nothing in this section may be construed to relieve a purchaser of authority bonds of any duty to exercise reasonable care in selecting securities.
Utah Code § 11-13-505 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-505
§ 11-13-505. Funds and account groups maintained.
Status: in_force

An interlocal entity shall establish and maintain, according to its own accounting needs, some or all of the funds and account groups in its system of accounts, as required by generally accepted accounting principles.
Utah Code § 11-13-503 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-503
§ 11-13-503. Fiscal year.
Status: in_force

The fiscal year of an interlocal entity shall be, as determined by the governing board: (1) the calendar year; or (2) the period from July 1 to the following June 30.
Utah Code § 11-56-104 — Utah Code / Title 11 / Chapter 11-56 / § 11-56-104
§ 11-56-104. Safety and health inspections and permits -- Fees.
Status: in_force

(1) (a) (i) A food truck business shall obtain, for each food truck that the business operates, an annual health department permit from the local health department that has jurisdiction over the area in which the majority of the food truck's operations occur. (ii) Subject to Subsection (4)(a), a mobile business is not subject to a local health department's regulations or permit requirements, unless the local health department has authority to regulate the activities or services provided by the mobile business through regulation or permit. (b) A local health department shall recognize as valid a health department permit that has been issued by another local health department within the state. (2) A local health department may only charge a fee for a health department permit in an amount that reimburses the local health department for the cost of regulating the mobile business. (3) (a) A political subdivision inspecting a mobile business for fire safety shall conduct the inspection based on the criteria that the Utah Fire Prevention Board, created in Section 53-7-203, establishes in accordance with Section 53-7-204. (b) (i) A political subdivision shall recognize as valid within the political subdivision's jurisdiction an approval from another political subdivision within the state that shows that the mobile business passed a fire safety inspection that the other political subdivision conducted. (ii) A political subdivision may not require that a mobile business pass a fire safety inspection in a given calendar year if the mobile business presents to the political subdivision an approval described in Subsection (3)(b)(i) issued during the same calendar year. (4) (a) Nothing in this section prevents a local health department from requiring a mobile business to obtain an event permit, in accordance with Section 11-56-105. (b) Nothing in this section prevents a political subdivision from revoking the political subdivision's approval: (i) described in Subsection (1)(b), if the mobile business fails a health inspection by a local health department; or (ii) described in Subsection (3)(b)(i), if the mobile business does not pass a fire safety inspection described in Subsection (3)(a). (c) For each mobile business that fails a health inspection as described in Subsection (4)(b)(i), a local health department may charge and collect a fee from the mobile business for that health inspection.
Utah Code § 11-36a-306 — Utah Code / Title 11 / Chapter 11-36a / § 11-36a-306
§ 11-36a-306. Certification of impact fee analysis.
Status: in_force

(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; andb. actually incurred; orc. 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; orb. 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; and3. 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; andb. actually incurred; orc. 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; orb. 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; and4. complies in each and every relevant respect with the Impact Fees Act."
Utah Code § 11-42-502 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-502
§ 11-42-502. Enforcement of an assessment lien -- Pre-May 10, 2016, procedure.
Status: in_force

(1) The provisions of this section apply to any property that is: (a) (i) located within the boundaries of an assessment area; and (ii) the subject of a foreclosure procedure initiated before May 10, 2016, for an assessment or an installment of an assessment that is not paid when due; or (b) located within the boundaries of an assessment area for which the local entity issued an assessment bond or a refunding assessment bond: (i) before May 10, 2016; (ii) that has not reached final maturity; and (iii) that is not refinanced on or after May 10, 2016. (2) (a) If an assessment or an installment of an assessment is not paid when due in a given year: (i) subject to Subsection (2)(b): (A) by September 15, the governing body of the local entity that levies the assessment shall certify any unpaid amount calculated as of the date of certification to the treasurer of the county in which the assessed property is located; and (B) the county treasurer shall include the certified amount on the property tax notice required by Section 59-2-1317 for that year; and (ii) the local entity may sell the property on which the assessment has been levied for the amount due plus interest, penalties, and costs, in the manner provided: (A) by resolution or ordinance of the local entity; (B) in Title 59, Chapter 2, Part 13, Collection of Taxes, for the sale of property for delinquent general property taxes; or (C) in Title 57, Chapter 1, Conveyances, as though the property were the subject of a trust deed in favor of the local entity. (b) (i) The certification of the unpaid amount described in Subsection (2)(a)(i): (A) has no effect on the amount due plus interest, penalties, and costs or other requirements of the assessment as described in the assessment resolution or ordinance; and (B) is required to provide for the ability of the local entity to collect the delinquent assessment by the sale of property in a sale for delinquent general property taxes and tax notice charges, as that term is defined in Section 59-2-1301.5, in accordance with Title 59, Chapter 2, Part 13, Collection of Taxes. (ii) A local entity's failure to certify an amount in accordance with Subsection (2)(a)(i) or a county treasurer's failure to include the certified amount on the property tax notice is not a defense to and does not delay, prohibit, or diminish a local entity's lien rights or authority to pursue any enforcement remedy, other than a delay in the local entity's ability to collect the delinquent assessment as described in Subsection (2)(b)(i)(B). (c) Nothing in Subsection (2)(a)(i) or in Title 11, Chapter 60, Political Subdivision Lien Authority, prohibits or diminishes a local entity's authority to pursue any remedy in Subsection (2)(a)(ii). (3) Except as otherwise provided in this chapter, each tax sale under Subsection (2)(a)(ii)(B) shall be governed by Title 59, Chapter 2, Part 13, Collection of Taxes, to the same extent as if the sale were for the sale of property for delinquent general property taxes. (4) (a) In a foreclosure under Subsection (2)(a)(ii)(C): (i) the local entity may bid at the sale; (ii) the local entity's governing body shall designate a trustee satisfying the requirements of Section 57-1-21; (iii) each trustee designated under Subsection (4)(a)(ii) has a power of sale with respect to the property that is the subject of the delinquent assessment lien; (iv) the property that is the subject of the delinquent assessment lien is considered to have been conveyed to the trustee, in trust, for the sole purpose of permitting the trustee to exercise the trustee's power of sale under Subsection (4)(a)(iii); (v) if no one bids at the sale and pays the local entity the amount due on the assessment, plus interest and costs, the property is considered sold to the local entity for those amounts; and (vi) the local entity's chief financial officer may substitute and appoint one or more successor trustees, as provided in Section 57-1-22. (b) The designation of a trustee under Subsection (4)(a)(ii) shall be disclosed in the notice of default that the trustee gives to commence the foreclosure, and need not be stated in a separate instrument. (5) (a) The redemption of property that is the subject of a tax sale under Subsection (2)(a)(ii)(B) is governed by Title 59, Chapter 2, Part 13, Collection of Taxes. (b) The redemption of property that is the subject of a foreclosure proceeding under Subsection (2)(a)(ii)(C) is governed by Title 57, Chapter 1, Conveyances. (6) (a) The remedies described in this part for the collection of an assessment and the enforcement of an assessment lien are cumulative. (b) The use of one or more of the remedies described in this part does not deprive the local entity of any other available remedy or means of collecting the assessment or enforcing the assessment lien.
Utah Code § 11-17-16.1 — Utah Code / Title 11 / Chapter 11-17 / § 11-17-16.1
§ 11-17-16.1. Agreements authorized by resolution.
Status: in_force

(1) The governing body of any municipality, county, special service district, or state university entering into an agreement pursuant to Section 11-17-3 may provide for the publication of any resolution adopted by it authorizing the execution of the agreement, in a newspaper qualified to carry notices having general circulation therein. (2) Any agreement authorized to be executed by the resolution may be attached as an exhibit to the resolution and need not be published as part of the resolution if the resolution provides that a copy of the agreement may be examined at an office of the municipality, county, special service district, or state university during regular business hours as described in the resolution and for a period of at least 30 days after the publication of the resolution. (3) For a period of 30 days after publication of the resolution, any person in interest may contest the legality of the resolution, any agreement authorized thereby, or any provisions made for the security and payment of the obligations of the municipality, county, special service district, or state university under the agreement. After the expiration of the 30-day period no person has any cause of action to contest the regularity, formality, or legality of the resolution or any agreement authorized thereby for any cause.
Utah Code § 11-42-410 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-410
§ 11-42-410. Amending an assessment resolution or ordinance.
Status: in_force

(1) A governing body may adopt a resolution or ordinance amending the original assessment resolution or ordinance adopted under Section 11-42-404 to: (a) correct a deficiency, omission, error, or mistake: (i) with respect to: (A) the total cost of an improvement; (B) operation and maintenance costs; or (C) the cost of economic promotion activities; or (ii) that results in a tract, lot, block, or parcel not being fully assessed or assessed in an incorrect amount; (b) reallocate or adjust assessments under the original assessment resolution or ordinance for operation and maintenance costs or the costs of economic promotion activities; (c) reallocate or adjust assessments under the original assessment resolution or ordinance; or (d) reduce an assessment as a result of the issuance of refunding bonds. (2) If an amendment under Subsection (1)(a) or (c) results in an increase in an assessment for any property owner, the governing body shall comply with the notice requirements of Section 11-42-402, unless the owner waives notice as provided in Section 11-42-104.
Utah Code § 11-42-414 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-414
§ 11-42-414. Remaining interest and other money in assessment fund to be transferred to the guaranty fund or the local entity's general fund.
Status: in_force

The treasurer of each local entity that collects interest from the investment of an assessment fund or that receives penalties, costs, and other amounts for the benefit and credit of an assessment that remain after all local entity obligations are paid in full and cancelled shall transfer the remaining amount to: (1) the guaranty fund, if required by bond covenants; or (2) the local entity's general fund.
Utah Code § 11-59-601 — Utah Code / Title 11 / Chapter 11-59 / § 11-59-601
§ 11-59-601. Resolution authorizing issuance of authority bonds -- Characteristics of bonds -- Notice.
Status: in_force

(1) The authority may not issue bonds under this part unless the board first: (a) adopts a parameters resolution, as defined in Section 63C-25-101, for the bonds; and (b) submits the parameters resolution for review and recommendation to the State Finance Review Commission created in Section 63C-25-201. (2) (a) As provided in the authority resolution authorizing the issuance of bonds under this part or the trust indenture under which the bonds are issued, bonds issued under this part may be issued in one or more series and may be sold at public or private sale and in the manner provided in the resolution or indenture. (b) Bonds issued under this part shall bear the date, be payable at the time, bear interest at the rate, be in the denomination and in the form, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be subject to the terms of redemption or tender, with or without premium, be payable in the medium of payment and at the place, and have other characteristics as provided in the authority resolution authorizing the issuance of the bonds or the trust indenture under which the bonds are issued. (3) Upon the board's adoption of a resolution providing for the issuance of bonds, the board may provide for the publication of the resolution: (a) for the area within the authority's boundaries, as a class A notice under Section 63G-30-102, for at least 30 days; and (b) as required in Section 45-1-101. (4) In lieu of publishing the entire resolution, the board may publish notice of bonds that contains the information described in Subsection 11-14-316(2). (5) For a period of 30 days after the publication, any person in interest may contest: (a) the legality of the resolution or proceeding; (b) any bonds that may be authorized by the resolution or proceeding; or (c) any provisions made for the security and payment of the bonds. (6) (a) (i) A person may contest the matters set forth in Subsection (5) by filing a verified written complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, within 30 days after the publication under Subsection (5). (ii) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person filing a complaint under Subsection (6)(a)(i) shall bring the action in the county in which the person resides if the action is brought in district court. (b) A person may not contest the matters set forth in Subsection (5), or the regularity, formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for contesting provided in Subsection (6)(a). (7) No later than 60 days after the closing day of any bonds, the authority shall report the bonds issuance, including the amount of the bonds, terms, interest rate, and security, to: (a) the Executive Appropriations Committee; and (b) the State Finance Review Commission created in Section 63C-25-201.
Utah Code § 11-14-301 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-301
§ 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness under constitutional and statutory limitations.
Status: in_force

(1) If the governing body has declared the bond proposition to have carried and no contest has been filed, or if a contest has been filed and favorably terminated, the governing body may proceed to issue the bonds voted at the election. (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as otherwise provided in this Subsection (2), bonds approved by the voters may not be issued more than 10 years after the day on which the election is held. (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the 10-year period: (i) an application for a referendum petition is filed with a local clerk, in accordance with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or (ii) the bonds are challenged in a court of law or an administrative proceeding in relation to: (A) the legality or validity of the bonds, or the election or proceedings authorizing the bonds; (B) the authority of the local political subdivision to issue the bonds; (C) the provisions made for the security or payment of the bonds; or (D) any other issue that materially and adversely affects the marketability of the bonds, as determined by the individual or body that holds the executive powers of the local political subdivision. (c) For a bond described in this section that is approved by voters on or after May 8, 2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the later of the day on which: (i) the local clerk determines that the petition is insufficient, in accordance with Subsection 20A-7-607(3), unless an application, described in Subsection 20A-7-607(4)(a), is made to a court; (ii) a court determines, under Subsection 20A-7-607(4)(c), that the petition for the referendum is not legally sufficient; or (iii) for a referendum petition that is sufficient, the governing body declares, as provided by law, the results of the referendum election on the local obligation law. (d) For a bond described in this section that was approved by voters on or after May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends: (i) if a county, city, town, or court determines, under Section 20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of: (A) the day on which the county, city, or town provides the notice described in Subsection 20A-7-602.7(1)(b)(ii); or (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court decision that the proposed referendum is not legally referable to voters becomes final; or (ii) if a county, city, town, or court determines, under Section 20A-7-602.7, that the proposed referendum is legally referable to voters, the later of: (A) the day on which the local clerk determines, under Section 20A-7-607, that the number of certified names is insufficient for the proposed referendum to appear on the ballot; or (B) if the local clerk determines, under Section 20A-7-607, that the number of certified names is sufficient for the proposed referendum to appear on the ballot, the day on which the governing body declares, as provided by law, the results of the referendum election on the local obligation law. (e) A tolling period described in Subsection (2)(b)(ii) ends after: (i) there is a final settlement, a final adjudication, or another type of final resolution of all challenges described in Subsection (2)(b)(ii); and (ii) the individual or body that holds the executive powers of the local political subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii) are resolved and final. (f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection (2) and, when the tolling ends and after giving effect to the tolling, the period of time remaining to issue the bonds is less than one year, the period of time remaining to issue the bonds shall be extended to one year. (g) The tolling provisions described in this Subsection (2) apply to all bonds described in this section that were approved by voters on or after May 8, 2002. (3) (a) Bonds approved by the voters may not be issued to an amount that will cause the indebtedness of the local political subdivision to exceed that permitted by the Utah Constitution or statutes. (b) In computing the amount of indebtedness that may be incurred pursuant to constitutional and statutory limitations, the constitutionally or statutorily permitted percentage, as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102, of the taxable property in the local political subdivision, as computed from the last applicable equalized assessment roll before the incurring of the additional indebtedness. (c) In determining the fair market value of the taxable property in the local political subdivision as provided in this section, the value of all tax equivalent property, as defined in Section 59-3-102, shall be included as a part of the total fair market value of taxable property in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property Act. (4) Bonds of improvement districts issued in a manner that they are payable solely from the revenues to be derived from the operation of the facilities of the district may not be included as bonded indebtedness for the purposes of the computation. (5) Where bonds are issued by a city, town, or county payable solely from revenues derived from the operation of revenue-producing facilities of the city, town, or county, or payable solely from a special fund into which are deposited excise taxes levied and collected by the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the city, town, or county, or any combination of those excise taxes, the bonds shall be included as bonded indebtedness of the city, town, or county only to the extent required by the Utah Constitution, and any bonds not so required to be included as bonded indebtedness of the city, town, or county need not be authorized at an election, except as otherwise provided by the Utah Constitution, the bonds being hereby expressly excluded from the election requirement of Section 11-14-201. (6) A bond election is not void when the amount of bonds authorized at the election exceeded the limitation applicable to the local political subdivision at the time of holding the election, but the bonds may be issued from time to time in an amount within the applicable limitation at the time the bonds are issued. (7) (a) A local political subdivision may not receive, from the issuance of bonds approved by the voters at an election, an aggregate amount that exceeds by more than 2% the maximum principal amount stated in the bond proposition. (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election held after January 1, 2019.
Utah Code § 11-13-104 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-104
§ 11-13-104. Interlocal entity required to provide leave to a legislator on an authorized legislative day.
Status: in_force

(1) As used in this section: (a) "Authorized legislative day" means: (i) the day on which the Legislature convenes in annual general session, and each day after that day, until midnight of the 45th day of the annual general session; (ii) a special session day; (iii) a veto override session day; (iv) an interim day designated by the Legislative Management Committee; (v) an authorized legislative training day; or (vi) any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: (A) the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; (B) the legislator's attendance at the meeting is approved by the Legislative Management Committee; and (C) service and payment for service by the legislator is not in violation of the Utah Constitution, including Article V and Article VI, Sections 6 and 7. (b) "Authorized legislative training day" means a day that a Legislative Expenses Oversight Committee designates as an authorized legislative day for training or informational purposes, including: (i) chair training; (ii) an issue briefing; (iii) legislative leadership instruction; (iv) legislative process training; (v) legislative rules training; (vi) new legislator orientation; or (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties. (c) "Legislator" means: (i) a member of the Utah Senate; (ii) a member of the Utah House of Representatives; or (iii) an individual who has been elected as a member described in Subsection (1)(c)(i) or (ii), but has not yet been sworn in or begun the individual's term of office. (d) "Retaliatory action" means to: (i) dismiss the employee; (ii) reduce the employee's compensation; (iii) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; (iv) fail to promote the employee if the employee would have otherwise been promoted; or (v) threaten to take an action described in Subsections (1)(d)(i) through (iv). (2) Except as provided in Subsection (4), an interlocal entity that employs an individual who is a legislator: (a) shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual; (b) may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and (c) may not take retaliatory action against the individual for using the leave described in Subsection (2)(a). (3) The leave described in Subsection (2) is leave without pay unless the interlocal entity and the individual described in Subsection (2) agree to terms that are more favorable to the individual. (4) An interlocal entity is not required to comply with Subsection (2) if the governing authority of the interlocal entity determines that complying with the requirement would cause the interlocal entity significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the interlocal entity's operations.
Utah Code § 11-42a-103 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-103
§ 11-42a-103. No limitation on other local entity powers -- Conflict with other statutory provisions.
Status: in_force

(1) This chapter does not 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 a bond or a refunding bond. (2) If there is a conflict between a provision of this chapter and any other statutory provision, the provision of this chapter governs. (3) After January 1, 2017, a local entity or the C-PACE district may create an energy assessment area within the certificated service territory of a public electrical utility for the installation of a clean energy system with a nameplate rating of: (a) no more than 2.0 megawatts; or (b) more than 2.0 megawatts to serve load that the public electrical utility does not already serve.
Utah Code § 11-13-518 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-518
§ 11-13-518. Transfer of appropriation balance between accounts in same fund.
Status: in_force

(1) The governing board of an interlocal entity shall establish policies for, subject to Subsection (2), the transfer of any unencumbered or unexpended appropriation balance or portion of the balance from one account in a fund to another account within the same fund. (2) The governing board may not reduce below the minimums required an appropriation for debt retirement and interest, reduction of deficit, or other appropriation required by law or covenant.
Utah Code § 11-17-4.6 — Utah Code / Title 11 / Chapter 11-17 / § 11-17-4.6
§ 11-17-4.6. Bonds -- Terms specified by governing body.
Status: in_force

The proceedings of the governing body under which the bonds are authorized to be issued may: (1) if the bonds bear interest at a variable rate or rates, specify the methods, formulas, or indices by which the interest rate or rates on the bonds may be determined; (2) specify the terms and conditions under which the bonds may be issued, sold, and delivered, the officer of the issuing municipality, county, or state university responsible for the issuance, execution, and delivery of the bonds, the maximum amount of bonds which may be outstanding at any one time, the source of payment of the bonds, which may include the proceeds of refunding bonds issued under this chapter, and all other details necessary or appropriate for the issuance of bonds not inconsistent with this chapter; and (3) delegate, by resolution, to one or more officers of the issuing municipality, county, or state university the authority to: (a) in accordance with and within the parameters set forth in the resolution, approve the final interest rate or rates, price, principal amount, maturity or maturities, redemption features, and other terms of the bond; and (b) approve and execute all documents relating to the issuance of the bonds.
Utah Code § 11-70-601 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-601
§ 11-70-601. Resolution authorizing issuance of fairpark district bonds -- Characteristics of bonds -- Notice.
Status: in_force

(1) In issuing bonds under this part, the fairpark district shall comply with applicable requirements and provisions of Title 63C, Chapter 25, State Finance Review Commission. (2) (a) As provided in the fairpark district resolution authorizing the issuance of bonds under this part or the trust indenture under which the bonds are issued, bonds issued under this part may be issued in one or more series and may be sold at public or private sale and in the manner provided in the resolution or indenture. (b) Bonds issued under this part shall bear the date, be payable at the time, bear interest at the rate, be in the denomination and in the form, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be subject to the terms of redemption or tender, with or without premium, be payable in the medium of payment and at the place, and have other characteristics as provided in the fairpark district resolution authorizing their issuance or the trust indenture under which they are issued. (3) Upon the board's adoption of a resolution providing for the issuance of bonds, the board may provide for the publication of the resolution: (a) for the area within the fairpark district boundary, as a class A notice under Section 63G-30-102, for at least 30 days; and (b) as required in Section 45-1-101. (4) In lieu of publishing the entire resolution, the board may publish notice of bonds that contains the information described in Subsection 11-14-316(2). (5) For a period of 30 days after the publication, any person in interest may contest: (a) the legality of the resolution or proceeding; (b) any bonds that may be authorized by the resolution or proceeding; or (c) any provisions made for the security and payment of the bonds. (6) (a) A person may contest the matters set forth in Subsection (5) by filing a verified written complaint, within 30 days of the publication under Subsection (5), in the district court of the county in which the person resides. (b) A person may not contest the matters set forth in Subsection (5), or the regularity, formality, or legality of the resolution or proceeding, for any reason, after the 30-day period for contesting provided in Subsection (6)(a). (7) No later than 60 days after the closing day of any bonds, the fairpark district shall report the bonds issuance, including the amount of the bonds, terms, interest rate, and security, to: (a) the Executive Appropriations Committee; and (b) the State Finance Review Commission created in Section 63C-25-201.
Utah Code § 11-52-103 — Utah Code / Title 11 / Chapter 11-52 / § 11-52-103
§ 11-52-103. Developing and publishing a contingency plan.
Status: in_force

A political subdivision that, during a fiscal year of the political subdivision, receives federal funds or federal receipts that comprise 10% or more of the political subdivision's annual budget shall, before the beginning of the next fiscal year: (1) develop a contingency plan explaining how the political subdivision will operate in the event that the total amount of federal funds and federal receipts that it receives are reduced by 5% or more, but by less than 25%, in the next fiscal year; (2) develop a contingency plan explaining how the political subdivision will operate in the event that the total amount of federal funds and federal receipts that it receives are reduced by 25% or more in the next fiscal year; (3) submit a copy of the contingency plan to the state auditor; and (4) publish the contingency plan on the political subdivision's website, if the political subdivision maintains a website.
Utah Code § 11-70-206 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-206
§ 11-70-206. Applicability of other law -- Cooperation of state and local governments -- Municipal services -- Services from state agencies -- Procurement policy -- Public infrastructure district.
Status: in_force

(1) With respect to the use or development of state-owned land, the fairpark district is not subject to: (a) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; or (b) the jurisdiction of a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, except to the extent that: (i) some or all of the state land is, on January 1, 2024, included within the boundary of a special district or special service district; and (ii) the fairpark district elects to receive service from the special district or special service district for the state land that is included within the boundary of the special district or special service district, respectively. (2) The fairpark district has and may exercise all powers relating to the regulation of land uses on state-owned land. (3) (a) Subject to Subsections (3)(b) and (c), the fairpark district has and may exercise all powers relating to the regulation of land uses on privately owned land within the fairpark district boundary. (b) (i) Except as provided in Subsection (3)(d), land owned by a qualified owner is subject to a host municipality's land use authority under Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, if the qualified owner and the host municipality enter into an agreement, as provided in Subsection (3)(b)(ii), no later than December 31, 2024. (ii) (A) An agreement under Subsection (3)(b)(i) shall require the host municipality to provide an expedited process for the review and approval of a qualified owner's completed land use application that complies with adopted land use regulations. (B) In an agreement under Subsection (3)(b)(i), the host municipality shall agree to vest the qualified owner in any approved land use for a qualified stadium and related uses. (c) (i) If the board approves the addition of land owned by a qualified owner to the fairpark district boundary, the host municipality shall, within six months after the day of the board's approval, approve an amendment to the agreement established under Subsection (3)(b) to include the additional land. (ii) A host municipality may not unreasonably withhold, delay, or condition approving the amendment described in Subsection (3)(c)(i). (iii) If a host municipality fails to approve an amendment described in Subsection (3)(c)(i) within the time frame described in Subsection (3)(c)(i), the fairpark district shall become the land use authority for the additional land. (d) If an agreement under Subsection (3)(b) terminates for any reason described in the agreement or by operation of law, the fairpark district shall become the land use authority for the land that was subject to the agreement immediately upon termination of the agreement. (e) Upon expiration of the agreement described in Subsection (3)(b), the host municipality shall remain the sole land use authority for the land that was subject to the expired agreement. (f) A host municipality may not prohibit or condition the use of a qualified owner's land for a qualified stadium. (g) In making land use decisions affecting land within the fairpark district boundary that is subject to a host municipality's land use authority under this Subsection (3), the legislative body of the host municipality shall consider input from the board. (4) (a) No later than December 31, 2024, the host municipality and the host municipality's community reinvestment agency shall take all necessary actions to withdraw from the fairpark district boundary any area that is within a project area of the community reinvestment agency. (b) If land is added to the fairpark district boundary, the host municipality and the community reinvestment agency shall take all necessary actions to withdraw from the fairpark district boundary any area that is within a project area of the community reinvestment agency. (5) A department, division, or other agency of the state and a political subdivision of the state shall cooperate with the fairpark district to the fullest extent possible to provide whatever support, information, or other assistance the board requests that is reasonably necessary to help the fairpark district fulfill the fairpark district's duties and responsibilities under this chapter. (6) (a) A host municipality shall provide the same municipal services to the area of the municipality that is within the fairpark district boundary as the municipality provides to other areas of the municipality with similar zoning and a similar development level. (b) The level and quality of municipal services that a host municipality provides within the fairpark district boundary shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level. (c) No later than December 31, 2024, the fairpark district and host municipality shall enter into an agreement providing for the fairpark district to reimburse the host municipality for services the host municipality provides to a project area. (7) (a) The fairpark district may request and, upon request, shall receive: (i) fuel dispensing and motor pool services provided by the Division of Fleet Operations; (ii) surplus property services provided by the Division of Purchasing and General Services; (iii) information technology services provided by the Division of Technology Services; (iv) archive services provided by the Division of Archives and Records Service; (v) financial services provided by the Division of Finance; (vi) human resources services provided by the Division of Human Resource Management; (vii) legal services provided by the Office of the Attorney General; and (viii) banking services provided by the Office of the State Treasurer. (b) Nothing in Subsection (7)(a) relieves the fairpark district of the obligation to pay the applicable fee for the service provided. (8) (a) To govern fairpark district procurements, the board shall adopt a procurement policy that the board reasonably determines to substantially fulfill the purposes described in Section 63G-6a-102. (b) The board may delegate to the executive director the responsibility to adopt a procurement policy. (c) The board's determination under Subsection (8)(a) is final and conclusive. (9) No later than December 31, 2024, the board and the assessor of the county in which the fairpark district is located shall together determine the base taxable value of privately owned property within the fairpark district boundary. (10) (a) As used in this Subsection (10): (i) "District ZIP area" means a ZIP area a majority of which includes land within the fairpark district boundary. (ii) "ZIP area" means an area defined by the ZIP Code, as defined in Section 59-12-102, plus the four-digit deliver route extension. (b) No later than June 1, 2024, the State Tax Commission shall: (i) define the area that consists of all district zip areas; and (ii) provide a description of the area under Subsection (10)(b)(i) to the host municipality and the board. (c) The State Tax Commission shall annually: (i) update the definition of the area under Subsection (10)(b)(i); and (ii) provide the updated description to the host municipality and the board. (11) (a) (i) A public infrastructure district created by the fairpark district under Title 17D, Chapter 4, Public Infrastructure District Act, may, subject to limitations of that chapter, levy a property tax for the operations and maintenance of the public infrastructure district's financed public infrastructure and improvements, subject to a maximum rate of .015. (ii) A levy under Subsection (11)(a)(i) may be separate from a public infrastructure district property tax levy for a bond. (b) If a public infrastructure district created by the fairpark district issues a bond: (i) the public infrastructure district may: (A) delay the effective date of the property tax levy for the bond until after the period of capitalized interest payments; and (B) covenant with bondholders not to reduce or impair the property tax levy; and (ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a rate that generates more revenue than required to pay the annual debt service of the bond plus administrative costs, subject to a maximum rate of .015. (c) (i) A public infrastructure district created by the fairpark district under Title 17D, Chapter 4, Public Infrastructure District Act, may create tax areas, as defined in Section 59-2-102, within the public infrastructure district and apply a different property tax rate to each tax area, subject to the maximum rate limitations described in Subsections (11)(a)(i) and (11)(b)(ii). (ii) If a public infrastructure district created by the fairpark district issues bonds, the public infrastructure district may issue bonds secured by property taxes from: (A) the entire public infrastructure district; or (B) one or more tax areas within the public infrastructure district. (d) A public infrastructure district created by the fairpark district may use bond proceeds to: (i) pay for public infrastructure and improvements; and (ii) pay costs related to the development, operation, or maintenance of infrastructure described in Subsection (11)(d)(i).
Utah Code § 11-65-204 — Utah Code / Title 11 / Chapter 11-65 / § 11-65-204
§ 11-65-204. Management plan.
Status: in_force

(1) (a) The board shall prepare, adopt, and, subject to Subsection (1)(b), implement a management plan. (b) The lake authority may not begin to implement a management plan until April 1, 2023. (2) In preparing a management plan, the board shall: (a) consult with and seek and consider input from the legislative or governing body of each adjacent political subdivision; (b) work cooperatively with and receive input from the Division of Forestry, Fire, and State Lands; and (c) consider how the interests of adjacent political subdivisions would be affected by implementation of the management plan. (3) A management plan shall: (a) describe in general terms the lake authority's: (i) vision and plan for achieving and implementing the policies and objectives stated in Section 11-65-203; and (ii) overall plan for the management of Utah Lake, including an anticipated timetable and any anticipated phases of management; (b) accommodate and advance, without sacrificing the policies and objectives stated in Section 11-65-203, the compatible interests of adjacent political subdivisions; (c) describe in general terms how the lake authority anticipates cooperating with adjacent political subdivisions to pursue mutually beneficial goals in connection with the management of Utah Lake; (d) identify the anticipated sources of revenue for implementing the management plan; and (e) be consistent with management planning conducted by the Division of Forestry, Fire, and State Lands, to pursue the objectives of: (i) improving the clarity and quality of the water in Utah Lake; (ii) not interfering with water rights or with water storage or water supply functions of Utah Lake; (iii) removing invasive plant and animal species, including phragmites and carp, from Utah Lake; (iv) improving littoral zone and other plant communities in and around Utah Lake; (v) improving and conserving native fish and other aquatic species in Utah Lake; (vi) cooperating in the June Sucker Recovery Implementation Program; (vii) increasing the suitability of Utah Lake and Utah Lake's surrounding areas for shore birds, waterfowl, and other avian species; (viii) improving navigability of Utah Lake; (ix) enhancing and ensuring recreational access to and opportunities on Utah Lake; and (x) otherwise improving the use of Utah Lake for residents and visitors. (4) A management plan may not interfere with or impair: (a) a water right; (b) a water project; or (c) the management of Utah Lake necessary for the use or operation of a water facility associated with Utah Lake. (5) (a) Before adopting a management plan, the board shall: (i) provide a copy of the proposed management plan to: (A) the executive director of the Department of Natural Resources; (B) the executive director of the Department of Environmental Quality; (C) the state engineer; and (D) each adjacent political subdivision; and (ii) provide a copy of the proposed management plan, for Utah County, as a class A notice under Section 63G-30-102, for at least 30 days. (b) Comments or suggestions relating to the proposed management plan may be submitted to the board within the deadline established under Subsection (5)(c). (c) The board shall establish a deadline for submitting comments or suggestions to the proposed management plan that is at least 30 days after the board provides a copy of the proposed management plan under Subsection (5)(a)(i). (d) Before adopting a management plan, the board shall consider comments and suggestions that are submitted by the deadline established under Subsection (5)(c).
Utah Code § 11-58-703 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-703
§ 11-58-703. Purchase of port authority bonds.
Status: in_force

(1) Any person, firm, corporation, association, political subdivision of the state, or other entity or public or private officer may purchase bonds issued by an authority under this part with funds owned or controlled by the purchaser. (2) Nothing in this section may be construed to relieve a purchaser of authority bonds of any duty to exercise reasonable care in selecting securities.
Utah Code § 11-17-14 — Utah Code / Title 11 / Chapter 11-17 / § 11-17-14
§ 11-17-14. Uniform Commercial Code not applicable.
Status: in_force

Bonds issued under this act are exempt from the provisions of Title 70A, Uniform Commercial Code.
Utah Code § 11-13-402 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-402
§ 11-13-402. Governance -- Powers of governing authority.
Status: in_force

(1) If an interlocal agreement does not establish an interlocal entity to conduct the joint or cooperative undertaking, the joint or cooperative undertaking shall be administered by a joint administrator established in accordance with the interlocal agreement and Section 11-13-207. (2) If an interlocal entity has been established to conduct the joint or cooperative action, the interlocal entity shall be governed by a governing board as established in the interlocal agreement. (3) A governing board: (a) shall manage and direct the business and affairs of the interlocal entity; and (b) has and may exercise a power or perform a function as provided in the interlocal agreement and this chapter that is necessary to accomplish the interlocal entity's purpose unless otherwise specified by this chapter or the interlocal agreement, including the following: (i) delegate to an interlocal entity employee or officer the authority to exercise a power or to perform a function of the interlocal entity; (ii) control or direct litigation to which the interlocal entity is a party or in which it is otherwise involved; (iii) adopt bylaws for the orderly functioning of the governing board; (iv) adopt and enforce rules and regulations for the orderly operation of the interlocal entity or for carrying out the interlocal entity's purposes; and (v) establish and impose fees for services provided by the interlocal entity. (4) Each member of a governing board has and owes a fiduciary duty to the interlocal entity at large. (5) (a) Unless otherwise provided in the interlocal agreement, a governing board: (i) shall elect from its board members a chair; and (ii) subject to Subsection (5)(b), may elect other officers as the board considers appropriate. (b) (i) One person may not hold the office of chair and treasurer, treasurer and clerk, or clerk and chair. (ii) Unless otherwise provided in the interlocal agreement: (A) an officer serves at the pleasure of the governing board; and (B) the governing board may designate a set term for each office.
Utah Code § 11-46-103 — Utah Code / Title 11 / Chapter 11-46 / § 11-46-103
§ 11-46-103. Stray animals -- Impounded animals
Status: in_force

(1) Each municipal or county animal control officer shall hold or cause to be held at an animal shelter any unidentified or unclaimed stray animal, and any other animal taken into custody by the municipal or county animal control officer, in safe and humane custody for a minimum of five business days after the time of impound and prior to making any final disposition of the animal. (2) An animal shelter shall ensure that a record of each held animal is maintained that includes the: (a) date of impound; (b) date of disposition; and (c) method of disposition, which may be: (i) placement in an adoptive home or other transfer of the animal, which shall be in accordance with Part 2, Animal Shelter Pet Sterilization Act; (ii) return to the animal's owner; (iii) placement in a community cat program as defined in Section 11-46-302; or (iv) euthanasia in accordance with Part 4, Euthanasia of Shelter Animals. (3) An impounded animal may be euthanized before the completion of the five working day minimum holding period to prevent unnecessary suffering due to serious injury or disease if the euthanasia complies with: (a) written agency or department policies and procedures; (b) local ordinances; and (c) Part 4, Euthanasia of Shelter Animals. (4) An impounded animal shall be returned to the animal's owner upon: (a) the establishment of proof of ownership; (b) compliance with the requirements of applicable local ordinances; and (c) compliance with Part 2, Animal Shelter Pet Sterilization Act.
Utah Code § 11-42a-204 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-204
§ 11-42a-204. Limit on amount of assessment.
Status: in_force

(1) An assessment levied within an energy assessment area may not, in the aggregate, exceed the sum of: (a) the contract price or estimated contract price; (b) overhead costs not to exceed 15% of the sum of the contract price or estimated contract price; (c) an amount for contingencies of not more than 10% of the sum of the contract price or estimated contract price, if the assessment is levied before the completion of the construction of the improvements in the energy assessment area; (d) capitalized interest; or (e) an amount sufficient to fund a reserve fund. (2) A local entity may only use the proceeds of an energy assessment bond or any third-party financing to refinance or reimburse the costs of improvements authorized under this chapter if the property owner incurred or financed the costs no earlier than three years before the day on which the local entity: (a) adopts a parameters resolution; (b) adopts an energy assessment resolution or ordinance; or (c) assigns the energy assessment lien.
Utah Code § 11-13-215 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-215
§ 11-13-215. Sharing tax or other revenues.
Status: in_force

(1) A county, city, town, or other local political subdivision may, at the discretion of the local governing body, share its tax and other revenues with other counties, cities, towns, or local political subdivisions, the state, or a federal government agency. (2) Each decision to share tax and other revenues shall be made as provided in Section 11-13-202.5.
Utah Code § 11-30-7 — Utah Code / Title 11 / Chapter 11-30 / § 11-30-7
§ 11-30-7. Pleadings -- Questions of law and fact -- Judgment.
Status: in_force

(1) A defendant may file, amend, or supplement any pleading to the proceeding at any time on or before the hearing, but not after the hearing begins, unless permission is given by the court. (2) At the time and place designated in the order, the court shall: (a) proceed to hear and determine all questions of law and fact; and (b) enter orders that will best enable the court properly to try and determine all questions of law and fact and to enter a judgment with the least possible delay. (3) The judgment shall be based upon a written opinion of the court that: (a) makes findings of fact; and (b) separately states the court's conclusions of law. (4) To the extent possible and practicable under the circumstances, the court shall render final judgment within 10 days after the day on which the hearing is concluded.
Utah Code § 11-13-512 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-512
§ 11-13-512. Accumulated fund balances -- Limitations -- Excess balances -- Unanticipated excess of revenues -- Reserves for capital projects.
Status: in_force

(1) (a) An interlocal entity may accumulate retained earnings or fund balances, as appropriate, in any fund. (b) For the interlocal entity general fund only, an accumulated fund balance at the end of a budget year may be used only: (i) to provide working capital to finance expenditures from the beginning of the budget year until general property taxes or other applicable revenues are collected, subject to Subsection (1)(c); (ii) to provide a resource to meet emergency expenditures under Section 11-13-521; or (iii) to cover a pending year-end excess of expenditures over revenues from an unavoidable shortfall in revenues, subject to Subsection (1)(d). (c) Subsection (1)(b)(i) may not be construed to authorize an interlocal entity to appropriate a fund balance for budgeting purposes, except as provided in Subsection (4). (d) Subsection (1)(b)(iii) may not be construed to authorize an interlocal entity to appropriate a fund balance to avoid an operating deficit during a budget year except: (i) as provided under Subsection (4); or (ii) for emergency purposes under Section 11-13-521. (2) The accumulation of a fund balance in the interlocal entity general fund may not exceed the greater of: (a) 100% of the current year's property tax collected by the interlocal entity; or (b) (i) 35% of the total interlocal entity general fund revenues for an interlocal entity with an annual interlocal entity general fund budget greater than $100,000; or (ii) 65% of the total interlocal entity general fund revenues for an interlocal entity with an annual interlocal entity general fund budget equal to or less than $100,000. (3) If the interlocal entity general fund balance at the close of a fiscal year exceeds the amount permitted under Subsection (2), the interlocal entity shall appropriate the excess in the manner provided in Section 11-13-513. (4) Any interlocal entity general fund balance in excess of 5% of the total revenues of the interlocal entity general fund may be utilized for budget purposes. (5) (a) Within a capital projects fund the governing board may, in a budget year, appropriate from estimated revenue or a fund balance to a reserve account for capital projects for the purpose of financing future specific capital projects, including new construction, capital repairs, replacement, and maintenance, under a formal long-range capital plan adopted by the governing board. (b) An interlocal entity may allow a reserve amount under Subsection (5)(a) to accumulate from year to year until the accumulated total is sufficient to permit economical expenditure for the specified purposes. (c) An interlocal entity may disburse from a reserve account under Subsection (5)(a) only by a budget appropriation adopted in the manner provided by this part. (d) Expenditures from a reserve account described in Subsection (5)(a) shall conform to all requirements of this part relating to execution and control of budgets.
Utah Code § 11-58-600.5 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-600.5
§ 11-58-600.5. Definitions.
Status: in_force

As used in this part: (1) "General differential" means property tax differential generated by a property tax levied: (a) on property that is not part of the authority jurisdictional land or within a remediation project area; and (b) by all taxing entities. (2) "Nonmunicipal differential" means property tax differential generated from a property tax imposed: (a) on property that is part of the authority jurisdictional land; and (b) by all taxing entities other than the primary municipality. (3) "Primary municipality" means the municipality that has more authority jurisdictional land within the municipality's boundary than is included within the boundary of any other municipality. (4) "Primary municipality differential" means property tax differential generated by a property tax levied: (a) on property in the reduced area; and (b) by the primary municipality. (5) "Primary municipality's agency" means the community development and renewal agency created by a primary municipality. (6) "Reduced area" means the authority jurisdictional land that is within a primary municipality, excluding: (a) an area described in Subsection 11-58-600.7(1); (b) a parcel of land described in Subsection 11-58-600.7(2); and (c) a remediation project area, if a remediation project area is created under Section 11-58-605.
Utah Code § 11-17-1.5 — Utah Code / Title 11 / Chapter 11-17 / § 11-17-1.5
§ 11-17-1.5. Purpose of chapter.
Status: in_force

(1) (a) The purposes of this chapter are to stimulate the economic growth of the state, to promote employment and achieve greater industrial development in the state, to maintain or enlarge domestic or foreign markets for Utah industrial products, to authorize municipalities and counties in the state to facilitate capital formation, finance, acquire, own, lease, or sell projects for the purpose of reducing, abating, or preventing pollution and to protect and promote the health, welfare, and safety of the citizens of the state and to improve local health and the general welfare by inducing corporations, persons, or entities engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities, to locate, relocate, modernize, or expand in this state and to assist in the formation of investment capital with respect thereto. (b) The Legislature declares that the acquisition or financing, or both, of projects under this chapter and the issuance of bonds under this chapter constitutes a proper public purpose. (2) (a) It is declared that the policy of the state is to encourage the development of free enterprise and entrepreneurship for the purpose of the expansion of employment opportunities and economic development. (b) It is declared that there exists in the state an inadequate amount of locally managed, pooled venture capital in the private sector available to invest in early stage businesses having high growth potential and that can provide jobs for Utah citizens. (c) It is found that venture capital is required for healthy economic development of sectors of the economy having high growth and employment potential. (d) It is further found that the public economic development purposes of the state, counties, and municipalities can be fostered by the sale of industrial revenue bonds for the purpose of providing funding for locally managed, pooled new venture and economic development funds in accordance with the provisions of this chapter. (e) It is declared that in order to assure adequate investment of private capital for these uses, cooperation between private enterprise and state and local government is necessary and in the public interest and that the facilitation of capital accumulation is the appropriate activity of: (i) a county; (ii) a municipality; and (iii) the Governor's Office of Economic Development. (f) It is found that venture capital funds historically, because of the more intensive nature of their relationship with companies in which the funds invest, tend to concentrate investments within a relatively close geographical area to their headquarters location. (g) (i) It is found and declared that investors in economic development or new venture investment funds require for the overall security of their investments reasonable diversification of investment portfolios and that, in the course of this diversification, investments are often syndicated or jointly made among several financial institutions or funds. (ii) It is expressly found and declared that an economic development or new venture investment fund shall, from time to time for optimal profitability and efficiency, which are important for the security and profit of bond purchasers providing funds therefor, cooperate with others who may be located outside of the state or the county or municipality where the fund is headquartered in the making of investments and be free in the interests of reciprocal relationships with other financial institutions and diversification of risks to invest from time to time in enterprises that are located outside of the state or the counties or municipalities. (iii) It is specifically found that activity by a locally managed fund, funded in whole or in part with the proceeds of bonds sold under this chapter, is within the public purposes of the state and any county or municipality offering the bonds, provided that the fund locates within the state or the county or municipality the fund's headquarters where the fund's actual investment decisions and management functions occur and limits the aggregate amount of the fund's investments in companies located outside of the state to an amount that in the aggregate does not exceed the aggregate amount of investments made by institutions and funds located outside of the state in Utah companies, that the locally managed fund has sponsored or in which the locally managed fund has invested and that the locally managed fund has brought to the attention of investors outside of the state.
Utah Code § 11-68-505 — Utah Code / Title 11 / Chapter 11-68 / § 11-68-505
§ 11-68-505. Obligee rights -- Board may confer other rights.
Status: in_force

(1) In addition to all other rights that are conferred on an obligee of a bond issued by the authority under this part and subject to contractual restrictions binding on the obligee, an obligee may: (a) by mandamus, suit, action, or other proceeding, compel the authority and the authority's board, officers, agents, or employees to perform every term, provision, and covenant contained in any contract of the authority with or for the benefit of the obligee, and require the authority to carry out the covenants and agreements of the authority and to fulfill all duties imposed on the authority by this part; and (b) by suit, action, or proceeding in equity, enjoin any acts or things that may be unlawful or violate the rights of the obligee. (2) In a board resolution authorizing the issuance of bonds or in a trust indenture, lease, or other contract, the board may confer upon an obligee holding or representing a specified amount in bonds, certain rights to receive the income, revenues, proceeds, funds, fees, rents, grants, or taxes.
Utah Code § 11-25-20 — Utah Code / Title 11 / Chapter 11-25 / § 11-25-20
§ 11-25-20. Money received as trust funds -- Depository as trustee.
Status: in_force

All money received pursuant to the provisions of this part, whether proceeds from the sale of bonds or revenues, shall be deemed to be trust funds to be held and applied solely as provided in this part. Any bank or trust company in which the money is deposited shall act as trustee of the money and shall hold and apply the same for the purposes specified in this part, subject to the terms of the resolution authorizing the bonds.
Utah Code § 11-27-5 — Utah Code / Title 11 / Chapter 11-27 / § 11-27-5
§ 11-27-5. Negotiability of bonds -- Intent and construction of chapter -- Budget for payment of bonds -- Proceedings limited to those required by chapter -- Notice -- No election required -- Application of chapter.
Status: in_force

(1) Refunding bonds shall have all the qualities of negotiable paper, shall be incontestable in the hands of bona fide purchasers or holders for value, and are not invalid for any irregularity or defect in the proceedings for their issuance and sale. This chapter is intended to afford an alternative method for the issuance of refunding bonds by public bodies and may not be construed to deprive any public body of the right to issue bonds for refunding purposes under authority of any other statute, but this chapter, nevertheless, shall constitute full authority for the issue and sale of refunding bonds by public bodies. Section 11-1-1, however, is not applicable to refunding bonds. (2) Any public body subject to any budget law shall in its annual budget make proper provision for the payment of principal and interest currently falling due on refunding bonds, but no provision need be made in the budget prior to the issuance of the refunding bonds for their issuance or for the expenditure of the proceeds from them. (3) (a) No ordinance, resolution, or proceeding concerning the issuance of refunding bonds nor the publication of any resolution, proceeding, or notice relating to the issuance of the refunding bonds shall be necessary except as specifically required by this chapter. (b) A publication made under this chapter may be made: (i) for the public body, as a class A notice under Section 63G-30-102; and (ii) as required in Section 45-1-101. (4) No resolution adopted or proceeding taken under this chapter shall be subject to any referendum petition or to an election other than as required by this chapter. All proceedings adopted under this chapter may be adopted on a single reading at any legally-convened meeting of the governing body. This chapter shall apply to all bonds issued and outstanding at the time this chapter takes effect as well as to bonds issued after this chapter takes effect.
Utah Code § 11-13-307 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-307
§ 11-13-307. Method of amending impact alleviation contract.
Status: in_force

An impact alleviation contract or a determination order may be amended with the consent of the parties, or otherwise in accordance with their provisions. In addition, any party may propose an amendment to a contract or order which, if not agreed to by the other parties, may be submitted by the proposing party to the board for a determination of whether or not the amendment shall be incorporated into the contract or order. The board shall determine whether or not a contract or determination order shall be amended under the procedures and standards set forth in Sections 11-13-305 and 11-13-306.
Utah Code § 11-46-104 — Utah Code / Title 11 / Chapter 11-46 / § 11-46-104
§ 11-46-104. County tax for provision of animal welfare services.
Status: in_force

(1) As used in this section: (a) "County" means a county: (i) of the second, third, fourth, fifth, or sixth class; and (ii) in which the county is the sole provider of animal welfare services under this part. (b) "Municipality" means a city or a town that receives animal welfare services from the county. (2) Subject to Subsections (5) and (6), a legislative body in a county may levy annually a tax not to exceed .0002 of taxable value of taxable property in the county to provide the services described in this chapter. (3) (a) Except as provided in Section 17-63-704, the levy described in this section is in addition to other taxes that the county is authorized to levy. (b) The levy described in this section is not subject to the aggregate maximum levy limitation described in Section 59-2-908. (4) (a) The county shall levy and collect the tax described in this section in the same manner as other general taxes of the county. (b) The county shall deposit revenue collected from the levy described in this section into a fund known as the county animal welfare fund. (5) Before a county that provides animal welfare services on behalf of one or more municipalities may impose a tax under this section for the first time: (a) the county shall notify each municipality of: (i) the total cost to the county for providing animal welfare services; and (ii) the total amount of revenue the county will generate by imposing a levy under this section; (b) the county and the municipalities shall determine the county's and each municipality's percentage share of the county's cost for providing animal welfare services; and (c) the county shall notify the State Tax Commission of: (i) the names of the municipalities; (ii) the revenue calculated by multiplying the county's percentage share of the cost for providing animal welfare services by the total amount of revenue the county will generate by imposing a levy under this section; and (iii) for each municipality described in Subsection (5)(c)(i), the revenue calculated by multiplying the municipality's percentage share of the cost for providing animal welfare services by the total amount of revenue the county will generate by imposing a levy under this section. (6) A county, as a condition of providing animal welfare services, may not prohibit a municipality from imposing a local animal control ordinance within the municipality that is different than a county animal control ordinance.
Utah Code § 11-13-303 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-303
§ 11-13-303. Source of project entity's payment of sales and use tax --  Gross receipts taxes for facilities providing additional project capacity.
Status: in_force

(1) A project entity is not exempt from sales and use taxes under Title 59, Chapter 12, Sales and Use Tax Act, to the extent provided in Subsection 59-12-104(2). (2) A project entity may make payments or prepayments of sales and use taxes, as provided in Title 63M, Chapter 5, Resource Development Act, from the proceeds of revenue bonds issued under Section 11-13-218 or other revenues of the project entity. (3) (a) This Subsection (3) applies with respect to facilities providing additional project capacity. (b) (i) The in lieu excise tax imposed under Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act, shall be imposed collectively on all gross receipts derived with respect to the ownership interests of all project entities and other public agencies in facilities providing additional project capacity as though all such ownership interests were held by a single project entity. (ii) The in lieu excise tax shall be calculated as though the gross receipts derived with respect to all such ownership interests were received by a single taxpayer that has no other gross receipts. (iii) The gross receipts attributable to such ownership interests shall consist solely of gross receipts that are expended by each project entity and other public agency holding an ownership interest in the facilities for the operation or maintenance of or ordinary repairs or replacements to the facilities. (iv) For purposes of calculating the in lieu excise tax, the determination of whether there is a tax rate and, if so, what the tax rate is shall be governed by Section 59-8-104, except that the $10,000,000 figures in Section 59-8-104 indicating the amount of gross receipts that determine the applicable tax rate shall be replaced with $5,000,000. (c) Each project entity and public agency owning an interest in the facilities providing additional project capacity shall be liable only for the portion of the gross receipts tax referred to in Subsection (3)(b) that is proportionate to its percentage ownership interest in the facilities and may not be liable for any other gross receipts taxes with respect to its percentage ownership interest in the facilities. (d) No project entity or other public agency that holds an ownership interest in the facilities may be subject to the taxes imposed under Title 59, Chapter 7, Corporate Franchise and Income Taxes, with respect to those facilities. (4) For purposes of calculating the gross receipts tax imposed on a project entity or other public agency under Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act, or Subsection (3), gross receipts include only gross receipts from the first sale of capacity, services, or other benefits and do not include gross receipts from any subsequent sale, resale, or layoff of the capacity, services, or other benefits.
Utah Code § 11-58-202 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-202
§ 11-58-202. Authority powers and duties.
Status: in_force

(1) The authority has exclusive jurisdiction, responsibility, and power to coordinate the efforts of all applicable state and local government entities, property owners and other private parties, and other stakeholders to: (a) develop and implement a business plan for the authority jurisdictional land, to include an environmental sustainability component, developed in conjunction with the Department of Environmental Quality, incorporating policies and best practices to meet or exceed applicable federal and state standards, including: (i) emissions monitoring and reporting; and (ii) strategies that use best available practices to mitigate environmental impacts resulting from development and uses on the authority jurisdictional land; (b) plan and facilitate the development of inland port uses on authority jurisdictional land and on land in other authority project areas; (c) manage any inland port located on land owned or leased by the authority; and (d) establish a foreign trade zone, as provided under federal law, covering some or all of the authority jurisdictional land or land in other authority project areas. (2) The authority may: (a) facilitate and bring about the development of inland port uses on land that is part of the authority jurisdictional land or that is in other authority project areas, including engaging in marketing and business recruitment activities and efforts to encourage and facilitate: (i) the development of an inland port on the authority jurisdictional land; and (ii) other development of the authority jurisdictional land consistent with the policies and objectives described in Subsection 11-58-203(1); (b) facilitate and provide funding for the development of land in a project area, land related to land in a project area, and land adjacent to a project area, including: (i) the development of public infrastructure and improvements in a project area and directly adjacent to a project area; and (ii) other infrastructure and improvements, including environmental sustainability projects, on or related to land in a project area; (c) engage in marketing and business recruitment activities and efforts to encourage and facilitate development of the authority jurisdictional land; (d) apply for and take all other necessary actions for the establishment of a foreign trade zone, as provided under federal law, covering some or all of the authority jurisdictional land; (e) as the authority considers necessary or advisable to carry out any of the authority's duties or responsibilities under this chapter: (i) buy, obtain an option upon, or otherwise acquire any interest in real or personal property; (ii) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or personal property; (iii) provide funding, through a grant or agreement, to another governmental entity for the governmental entity to help fulfill the authority's duties and responsibilities; or (iv) enter into a lease agreement on real or personal property, either as lessee or lessor; (f) sue and be sued; (g) enter into contracts generally; (h) provide funding for the development of public infrastructure and improvements or other infrastructure and improvements on or related to the authority jurisdictional land or other authority project areas; (i) exercise powers and perform functions under a contract, as authorized in the contract; (j) receive the property tax differential, as provided in this chapter; (k) accept financial or other assistance from any public or private source for the authority's activities, powers, and duties, and expend any funds so received for any of the purposes of this chapter; (l) borrow money, contract with, or accept financial or other assistance from the federal government, a public entity, or any other source for any of the purposes of this chapter and comply with any conditions of the loan, contract, or assistance; (m) issue bonds to finance the undertaking of any development objectives of the authority, including bonds under Chapter 17, Utah Industrial Facilities and Development Act, bonds under Chapter 42, Assessment Area Act, and bonds under Chapter 42a, Commercial Property Assessed Clean Energy Act; (n) hire employees, including contract employees; (o) transact other business and exercise all other powers provided for in this chapter; (p) engage one or more consultants to advise or assist the authority in the performance of the authority's duties and responsibilities; (q) work with other political subdivisions and neighboring property owners and communities to mitigate potential negative impacts from the development of authority jurisdictional land; (r) own, lease, operate, or otherwise control public infrastructure and improvements in a project area; (s) exercise powers and perform functions that the authority is authorized by statute to exercise or perform; (t) develop and implement world-class, state-of-the-art, zero-emissions logistics to: (i) support continued growth of the state's economy; (ii) promote the state as the global center of efficient and sustainable supply chain logistics; (iii) facilitate the efficient movement of goods on roads and rails and through the air; and (iv) benefit the commercial viability of tenants and users; and (u) attract capital and expertise in pursuit of the next generation of logistics solutions. (3) (a) Beginning April 1, 2020, the authority shall: (i) be the repository of the official delineation of the boundary of the authority jurisdictional land, identical to the boundary as delineated in the shapefile that is the electronic component of H.B. 2001, Utah Inland Port Authority Amendments, 2018 Second Special Session, subject to: (A) boundary adjustments made and recorded in accordance with Subsection (3)(b); and (B) any changes to the boundary enacted by the Legislature; and (ii) maintain an accurate digital file of the boundary that is easily accessible by the public. (b) (i) As used in this Subsection (3)(b), "split property" means a piece of land: (A) with a single tax identification number; and (B) that is partly included within and partly excluded from the authority jurisdictional land by the boundary delineated in the shapefile described in Subsection 11-58-102(2)(a). (ii) With the consent of the mayor of the municipality in which the split property is located, the executive director may adjust the boundary of the authority jurisdictional land to include an excluded portion of a split property or exclude an included portion of a split property. (iii) In adjusting the boundary under Subsection (3)(b)(ii), the executive director shall consult with the county assessor, the county surveyor, the owner of the split property, and the municipality in which the split property is located. (iv) A boundary adjustment under this Subsection (3)(b) affecting the northwest boundary of the authority jurisdictional land shall maintain the buffer area between authority jurisdictional land intended for development and land outside the boundary of the authority jurisdictional land to be preserved from development. (v) Upon completing boundary adjustments under this Subsection (3)(b), the executive director shall cause to be recorded in the county recorder's office a map or other description, sufficient for purposes of the county recorder, of the adjusted boundary of the authority jurisdictional land. (vi) After a boundary adjustment is recorded in accordance with Subsection (3)(b)(v), the authority shall modify the official delineation of the boundary of the authority jurisdictional land described in Subsection (3)(a) to reflect a boundary adjustment under this Subsection (3)(b). (4) (a) The authority may establish a community enhancement program designed to address the impacts that development or inland port uses within project areas have on adjacent communities. (b) (i) The authority may use authority money to support the community enhancement program and to pay for efforts to address the impacts described in Subsection (4)(a). (ii) Authority money designated for use under Subsection (4)(b)(i) is exempt from execution or any other process in the collection of a judgment against or debt or other obligation of the authority arising out of the authority's activities with respect to the community enhancement program.
Utah Code § 11-13-103 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-103
§ 11-13-103. Definitions.
Status: in_force

7/1/2026As used in this chapter: (1) (a) "Additional project capacity" means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether: (i) the owners of the new generating unit are the same as or different from the owner of the project; and (ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. (b) "Additional project capacity" does not mean or include replacement project capacity. (2) "Board" means the Permanent Community Impact Fund Board created by Section 63N-24-504, and the board's successors. (3) "Candidate" means one or more of: (a) the state; (b) a county, municipality, school district, special district, special service district, or other political subdivision of the state; and (c) a prosecution district. (4) "Commercial project entity" means a project entity, defined in Subsection (18), that: (a) has no taxing authority; and (b) is not supported in whole or in part by and does not expend or disburse tax revenues. (5) "Direct impacts" means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is: (a) owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and (b) used to furnish fuel, construction, or operation materials for use in the project. (6) "Electric interlocal entity" means an interlocal entity described in Subsection 11-13-203(3). (7) "Energy services interlocal entity" means an interlocal entity that is described in Subsection 11-13-203(4). (8) (a) "Estimated electric requirements," when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b): (i) generation capacity; (ii) generation output; or (iii) an electric energy production facility. (b) An item listed in Subsection (8)(a) is included in "estimated electric requirements" if the item is needed by the qualified energy services interlocal entity to perform the qualified energy services interlocal entity's contractual or legal obligations to any of the qualified energy services interlocal entity's members. (9) (a) "Facilities providing replacement project capacity" means facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed to provide replacement project capacity. (b) "Facilities providing replacement project capacity" includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed: (i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or (ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. (10) "Governing authority" means a governing board or joint administrator. (11) (a) "Governing board" means the body established in reliance on the authority provided under Subsection 11-13-206(1)(b) to govern an interlocal entity. (b) "Governing board" includes a board of directors described in an agreement, as amended, that creates a project entity. (c) "Governing board" does not include a board as defined in Subsection (2). (12) "Interlocal entity" means: (a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or (b) a separate legal or administrative entity created under Section 11-13-205. (13) "Joint administrator" means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. (14) "Joint or cooperative undertaking" means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. (15) "Member" means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. (16) "Out-of-state public agency" means a public agency as defined in Subsection (19)(c), (d), or (e). (17) (a) "Project": (i) means an electric generation and transmission facility owned by a Utah interlocal entity or an electric interlocal entity; and (ii) includes fuel facilities, fuel production facilities, fuel transportation facilities, energy storage facilities, or water facilities that are: (A) owned by that Utah interlocal entity or electric interlocal entity; and (B) required for the generation and transmission facility. (b) "Project" includes a project entity's ownership interest in: (i) facilities that provide additional project capacity; (ii) facilities providing replacement project capacity; (iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and (iv) a Utah interlocal energy hub, as defined in Section 11-13-602. (18) "Project entity" means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. (19) "Public agency" means: (a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state; (b) the state or any department, division, or agency of the state; (c) any agency of the United States; (d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or (e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (20) "Public agency insurance mutual" means the same as that term is defined in Subsection 31A-1-103(7). (21) "Qualified energy services interlocal entity" means an energy services interlocal entity that at the time that the energy services interlocal entity acquires the energy services interlocal entity's interest in facilities providing additional project capacity has at least five members that are Utah public agencies. (22) "Replacement project capacity" means electric generating capacity or transmission capacity that: (a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and (b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether: (i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity; (ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or (iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. (23) "Reserve fund" means the same as that term is defined in Subsection 31A-1-103(7). (24) "Transportation reinvestment zone" means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 63N-23-901. (25) "Utah interlocal entity": (a) means an interlocal entity described in Subsection 11-13-203(2); and (b) includes a separate legal or administrative entity created under Laws of Utah 1977, Chapter 47, Section 3, as amended. (26) "Utah public agency" means a public agency under Subsection (19)(a) or (b).7/1/2026As used in this chapter: (1) (a) "Additional project capacity" means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether: (i) the owners of the new generating unit are the same as or different from the owner of the project; and (ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. (b) "Additional project capacity" does not mean or include replacement project capacity. (2) "Board" means the Permanent Community Impact Fund Board created by Section 63N-24-504, and the board's successors. (3) "Candidate" means one or more of: (a) the state; (b) a county, municipality, school district, special district, special service district, or other political subdivision of the state; and (c) a prosecution district. (4) "Commercial project entity" means a project entity, defined in Subsection (18), that: (a) has no taxing authority; and (b) is not supported in whole or in part by and does not expend or disburse tax revenues. (5) "Direct impacts" means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is: (a) owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and (b) used to furnish fuel, construction, or operation materials for use in the project. (6) "Electric interlocal entity" means an interlocal entity described in Subsection 11-13-203(3). (7) "Energy services interlocal entity" means an interlocal entity that is described in Subsection 11-13-203(4). (8) (a) "Estimated electric requirements," when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b): (i) generation capacity; (ii) generation output; or (iii) an electric energy production facility. (b) An item listed in Subsection (8)(a) is included in "estimated electric requirements" if the item is needed by the qualified energy services interlocal entity to perform the qualified energy services interlocal entity's contractual or legal obligations to any of the qualified energy services interlocal entity's members. (9) (a) "Facilities providing replacement project capacity" means facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed to provide replacement project capacity. (b) "Facilities providing replacement project capacity" includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed: (i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or (ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. (10) "Governing authority" means a governing board or joint administrator. (11) (a) "Governing board" means the body established in reliance on the authority provided under Subsection 11-13-206(1)(b) to govern an interlocal entity. (b) "Governing board" includes a board of directors described in an agreement, as amended, that creates a project entity. (c) "Governing board" does not include a board as defined in Subsection (2). (12) "Interlocal entity" means: (a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or (b) a separate legal or administrative entity created under Section 11-13-205. (13) "Joint administrator" means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. (14) "Joint or cooperative undertaking" means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. (15) "Member" means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. (16) "Out-of-state public agency" means a public agency as defined in Subsection (19)(c), (d), or (e). (17) (a) "Project": (i) means an electric generation and transmission facility owned by a Utah interlocal entity or an electric interlocal entity; and (ii) includes fuel facilities, fuel production facilities, fuel transportation facilities, energy storage facilities, or water facilities that are: (A) owned by that Utah interlocal entity or electric interlocal entity; and (B) required for the generation and transmission facility. (b) "Project" includes a project entity's ownership interest in: (i) facilities that provide additional project capacity; (ii) facilities providing replacement project capacity; (iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and (iv) a Utah interlocal energy hub, as defined in Section 11-13-602. (18) "Project entity" means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. (19) "Public agency" means: (a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state; (b) the state or any department, division, or agency of the state; (c) any agency of the United States; (d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or (e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (20) "Public agency insurance mutual" means the same as that term is defined in Subsection 31A-1-103(7). (21) "Qualified energy services interlocal entity" means an energy services interlocal entity that at the time that the energy services interlocal entity acquires the energy services interlocal entity's interest in facilities providing additional project capacity has at least five members that are Utah public agencies. (22) "Replacement project capacity" means electric generating capacity or transmission capacity that: (a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and (b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether: (i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity; (ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or (iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. (23) "Reserve fund" means the same as that term is defined in Subsection 31A-1-103(7). (24) "Transportation reinvestment zone" means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 63N-23-901. (25) "Utah interlocal entity": (a) means an interlocal entity described in Subsection 11-13-203(2); and (b) includes a separate legal or administrative entity created under Laws of Utah 1977, Chapter 47, Section 3, as amended. (26) "Utah public agency" means a public agency under Subsection (19)(a) or (b).
Utah Code § 11-58-901 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-901
§ 11-58-901. Dissolution of port authority -- Restrictions -- Notice of dissolution -- Disposition of port authority property -- Port authority records -- Dissolution expenses.
Status: in_force

(1) The authority may not be dissolved unless the authority has no outstanding bonded indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual obligations with persons or entities other than the state. (2) Upon the dissolution of the authority: (a) the Governor's Office of Economic Development shall publish a notice of dissolution: (i) for the county in which the dissolved authority is located, as a class A notice under Section 63G-30-102, for at least seven days; and (ii) as required in Section 45-1-101; and (b) all title to property owned by the authority vests in the state. (3) The books, documents, records, papers, and seal of each dissolved authority shall be deposited for safekeeping and reference with the state auditor. (4) The authority shall pay all expenses of the deactivation and dissolution.
Utah Code § 11-42a-205 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-205
§ 11-42a-205. Installment payment of assessments.
Status: in_force

(1) In an energy assessment resolution or ordinance that a local entity adopts under Subsection 11-42a-201(1)(a), the governing body may provide that some or all of the assessment be paid in installments: (a) in accordance with the resolution or ordinance; and (b) over a period not to exceed 30 years from the effective date of the resolution or ordinance. (2) (a) Each governing body that adopts an energy assessment resolution or ordinance that provides for the assessment to be paid in installments shall ensure that the resolution or ordinance provides that the unpaid balance of the assessment bears interest at a fixed rate, a variable rate, or a combination of fixed and variable rates, as determined by the governing body, from the effective date of the resolution or ordinance or another date that the resolution or ordinance specifies. (b) Each governing body that adopts an energy assessment resolution or ordinance that provides for the unpaid balance of the assessment to bear interest at a variable rate shall ensure that the resolution or ordinance specifies: (i) the basis upon which the rate is to be determined from time to time; (ii) the manner in which and schedule upon which the rate is to be adjusted; and (iii) a maximum rate that the assessment may bear. (3) Interest payable on assessments may include: (a) interest on energy assessment bonds; (b) ongoing costs that the local entity incurs for administration of the energy assessment area; (c) a trustee's fees and expenses; and (d) any costs that the local entity incurs with respect to: (i) securing a letter of credit or other instrument to secure payment or repurchase of bonds; or (ii) retaining a marketing agent or an indexing agent. (4) A property owner shall pay interest imposed in an energy assessment resolution or ordinance annually or at more frequent intervals as the resolution or ordinance provides, in addition to the amount of each installment. (5) (a) At any time, a property owner may prepay some or all of the assessment levied against the owner's property. (b) A local entity may require that a prepayment of an installment include: (i) an amount equal to the interest that would accrue on the assessment to the next date on which interest is payable on a bond issued or a loan made in anticipation of the collection of the assessment; and (ii) the amount necessary, as determined by the governing body or the officer that the governing body designates, to ensure the availability of money to pay: (A) interest that becomes due and payable on a bond or loan described in Subsection (5)(b)(i); and (B) any premiums that become payable on a loan that is prepaid or on a bond that is called for redemption in order to use the money from the prepaid assessment installment.
Utah Code § 11-42-606 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-606
§ 11-42-606. Assessment bonds are not a local entity's general obligation -- Liability and responsibility of a local entity that issues assessment bonds.
Status: in_force

(1) Assessment bonds are not a general obligation of the local entity that issues them. (2) A local entity that issues assessment bonds: (a) may not be held liable for payment of the bonds except to the extent of: (i) funds created and received from assessments against which the bonds are issued; (ii) improvement revenues; and (iii) the local entity's guaranty fund under Section 11-42-701 or, if applicable, reserve fund under Section 11-42-702; and (b) is responsible for: (i) the lawful levy of all assessments; (ii) the collection and application of improvement revenues, as provided in this chapter; (iii) the creation and maintenance of a guaranty fund or, if applicable, a reserve fund; and (iv) the faithful accounting, collection, settlement, and payment of: (A) assessments and improvement revenues; and (B) money in a guaranty fund or, if applicable, a reserve fund. (3) If a local entity illegally assesses property that is exempt from assessment, the local entity: (a) is liable to the holders of assessment bonds for the payment of the illegal assessment; and (b) shall pay the amount for which it is liable under Subsection (3)(a) from the local entity's general fund or other legally available money.
Utah Code § 11-36a-304 — Utah Code / Title 11 / Chapter 11-36a / § 11-36a-304
§ 11-36a-304. Impact fee analysis requirements.
Status: in_force

(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.
Utah Code § 11-40-102 — Utah Code / Title 11 / Chapter 11-40 / § 11-40-102
§ 11-40-102. Criminal background check authorized -- Written notice required.
Status: in_force

(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.
Utah Code § 11-27-6 — Utah Code / Title 11 / Chapter 11-27 / § 11-27-6
§ 11-27-6. Bonds and interest exempt from taxation except corporate franchise tax.
Status: in_force

All refunding bonds, and interest accruing on them, shall be exempt from all taxation in this state, except for the corporate franchise tax.
Utah Code § 11-1-202 — Utah Code / Title 11 / Chapter 11-1 / § 11-1-202
§ 11-1-202. Determination of a significant parcel.
Status: in_force

(1) Before disposing of public property, a local governmental entity shall: (a) determine if the public property constitutes a significant parcel; and (b) comply with: (i) any statutory requirements specific to the local governmental entity and the local governmental entity's public property; and (ii) the applicable requirements of this part. (2) Subject to Subsection (4) in making a determination on whether public property constitutes a significant parcel: (a) a municipality shall apply the municipality's ordinance described in Subsection 10-8-2(4); (b) a county shall apply the county's ordinance described in Subsection 17-78-103(4); and (c) if a local governmental entity not described in Subsection (2)(a) or (b) has an ordinance or resolution defining "significant parcel," the local governmental entity shall apply that definition, if the definition is reasonably similar to the definition in Subsection (3). (3) If a local governmental entity does not define significant parcel in a local ordinance or resolution, "significant parcel" means real property that has an estimated fair market value of $500,000 or more. (4) A municipality or county may not establish by ordinance or resolution a definition of significant parcel that would result in real property with an estimated fair market value of $500,000 or more not qualifying as a significant parcel under the ordinance or resolution.
Utah Code § 11-45-203 — Utah Code / Title 11 / Chapter 11-45 / § 11-45-203
§ 11-45-203. Applications.
Status: in_force

(1) A political subdivision shall submit an application to the office in the form and containing the information that the office requires, which shall include the plans and specifications for the proposed energy efficiency project. (2) (a) In the application, a political subdivision may request a loan to cover all or part of the cost of an energy efficiency project. (b) If an application is rejected, the office shall notify the applicant stating the reasons for the rejection.
Utah Code § 11-58-304 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-304
§ 11-58-304. Limitations on board members and executive director -- Annual conflict of interest disclosure statement -- Penalties.
Status: in_force

(1) As used in this section: (a) "Direct financial benefit": (i) means any form of financial benefit that accrues to an individual directly, including: (A) compensation, commission, or any other form of a payment or increase of money; and (B) an increase in the value of a business or property; and (ii) does not include a financial benefit that accrues to the public generally. (b) "Family member" means a parent, spouse, sibling, child, or grandchild. (2) (a) An individual is subject to Subsection (2)(b) if: (i) the individual owns real property, other than a personal residence in which the individual resides, within a project area, whether or not the ownership interest is a recorded interest; (ii) a family member of the individual owns an interest in real property, other than a personal residence in which the family member resides, located within a project area; or (iii) the individual or a family member of the individual owns an interest in, is directly affiliated with, or is an employee or officer of a private firm, private company, or other private entity that the individual reasonably believes is likely to: (A) participate in or receive a direct financial benefit from the development of the authority jurisdictional land; or (B) acquire an interest in or locate a facility within a project area. (b) An individual described in Subsection (2)(a): (i) may not serve as executive director; or (ii) may not, if the individual is a board member, participate in the consideration or vote on any matter affecting the individual or family member's interest or affiliation described in Subsection (2)(a). (3) Before taking office as a voting member of the board or accepting employment as executive director, an individual shall submit to the authority a statement verifying that the individual's service as a board member or employment as executive director does not violate Subsection (2). (4) (a) An individual may not, at any time during the individual's service as a voting member or employment with the authority, acquire, or take any action to initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real property located within a project area, if: (i) the acquisition is in the individual's personal capacity or in the individual's capacity as an employee or officer of a private firm, private company, or other private entity; and (ii) the acquisition will enable the individual to receive a direct financial benefit as a result of the development of the project area. (b) Subsection (4)(a) does not apply to an individual's acquisition of, or action to initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real property that is a personal residence in which the individual will reside upon acquisition of the real property. (5) (a) A voting member or nonvoting member of the board or an employee of the authority may not receive a direct financial benefit from the development of a project area. (b) For purposes of Subsection (5)(a), a direct financial benefit does not include: (i) expense reimbursements; (ii) per diem pay for board member service, if applicable; or (iii) an employee's compensation or benefits from employment with the authority. (6) In addition to any other limitation on a board member described in this section, a voting member or nonvoting member of the board shall, no sooner than January 1 and no later than January 31 of each year during which the board member holds office on the authority's board: (a) prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604(6); and (b) submit the written disclosure statement to the administrator or clerk of the authority's board. (7) (a) No later than 10 business days after the date on which the board member submits the written disclosure statement described in Subsection (6) to the administrator or clerk of the authority's board, the administrator or clerk shall: (i) post an electronic copy of the written disclosure statement on the authority's website; and (ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (7)(a)(i). (b) The administrator or clerk shall ensure that the board member's written disclosure statement remains posted on the authority's website until the board member leaves office. (8) The administrator or clerk of the authority's board shall take the action described in Subsection (9) if: (a) a board member fails to timely submit the written disclosure statement described in Subsection (6); or (b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6). (9) If a circumstance described in Subsection (8) occurs, the administrator or clerk of the authority's board shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the board member of the violation and direct the board member to submit an amended written disclosure statement correcting the problem. (10) (a) It is unlawful for a board member to fail to submit or amend a written disclosure statement within seven days after the day on which the board member receives the notice described in Subsection (9). (b) A board member who violates Subsection (10)(a) is guilty of a class B misdemeanor. (c) The administrator or clerk of the authority's board shall report a violation of Subsection (10)(a) to the attorney general. (d) In addition to the criminal penalty described in Subsection (10)(b), the administrator or clerk of the authority's board shall impose a civil fine of $100 against a board member who violates Subsection (10)(a). (11) The administrator or clerk of the authority's board shall deposit a fine collected under this section into the authority's account to pay for the costs of administering this section. (12) Nothing in this section may be construed to affect the application or effect of any other code provision applicable to a board member or employee relating to ethics or conflicts of interest.
Utah Code § 11-42a-206 — Utah Code / Title 11 / Chapter 11-42a / § 11-42a-206
§ 11-42a-206. Assessment fund -- Uses of money in the fund -- Treasurer's duties.
Status: in_force

(1) Unless a local entity has assigned an energy assessment lien to a third-party lender under Section 11-42a-302, the governing body of each local entity that levies an assessment under this part on benefitted property within an energy assessment area, or the local entity's designee, may establish an assessment fund. (2) The governing body or the local entity's designee, as applicable, shall deposit into the assessment fund all money paid to or for the benefit of the local entity from an assessment and interest on the assessment. (3) The local entity may only expend money in an assessment fund for paying: (a) local entity obligations; and (b) costs that the local entity or the local entity's designee incurs with respect to the administration of the energy assessment area. (4) (a) The treasurer of the local entity or the local entity's designee, as applicable, is the custodian of the assessment fund, subject to Subsection (4)(c)(i). (b) The treasurer of the local entity or the local entity's designee, as applicable, shall: (i) keep the assessment fund intact and separate from all other local entity funds and money; (ii) invest money in the assessment fund in accordance with Title 51, Chapter 7, State Money Management Act; and (iii) keep on deposit in the assessment fund any interest the local entity receives from the investment of money in the assessment fund and use the interest exclusively for the purposes for which the governing body or the local entity's designee established the assessment fund. (c) The treasurer of the local entity or the local entity's designee, as applicable, may: (i) arrange for a trustee bank to hold the assessment fund on behalf of the local entity; and (ii) pay money out of the assessment fund subject to Subsection (3).
Utah Code § 11-68-301 — Utah Code / Title 11 / Chapter 11-68 / § 11-68-301
§ 11-68-301. Board -- Membership -- Term -- Quorum -- Vacancies -- Duties.
Status: in_force

(1) The authority is governed by a board. (2) The board is composed of: (a) the director of the Division of Facilities Construction and Management or the director's designee; (b) the commissioner of agriculture and food or the commissioner's designee; (c) two members, appointed by the president of the Senate: (i) who have business related experience; and (ii) of whom only one may be a legislator, in accordance with Subsection (3)(e); (d) two members, appointed by the speaker of the House: (i) who have business related experience; and (ii) of whom only one may be a legislator, in accordance with Subsection (3)(e); (e) five members, of whom only one may be a legislator, in accordance with Subsection (3)(e), appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, as follows: (i) two members who represent agricultural interests; (ii) two members who have business related experience; and (iii) one member who is recommended by the Utah Farm Bureau Federation; (f) one member, appointed by the mayor of Salt Lake City with the advice and consent of the Senate, who is a resident of the neighborhood located adjacent to the fair park land; (g) a representative of Salt Lake County, if Salt Lake County is party to an executed lease agreement with the authority; and (h) a representative of the Days of '47 Rodeo. (3) (a) (i) Except as provided in Subsection (3)(a)(ii), a board member appointed under Subsection (2)(c), (d), (e), or (f) shall serve a term that expires on the December 1 four years after the year that the board member was appointed. (ii) In making appointments to the board, the president of the Senate, the speaker of the House, the governor, and the mayor of Salt Lake City shall ensure that the terms of approximately 1/4 of the appointed board members expire each year. (b) Except as provided in Subsection (3)(c), appointed board members serve until their successors are appointed and qualified. (c) (i) If an appointed board member is absent from three consecutive board meetings without excuse, that member's appointment is terminated, the position is vacant, and the individual who appointed the board member shall appoint a replacement in accordance with the procedures described in this section. (ii) The president of the Senate, the speaker of the House of Representatives, the governor, or the mayor of Salt Lake City, as applicable, may remove an appointed member of the board at will. (d) The president of the Senate, the speaker of the House of Representatives, the governor, or the mayor of Salt Lake City, as appropriate, shall fill a vacancy that occurs on the board for any reason by appointing an individual in accordance with the procedures described in this section for the unexpired term of the vacated member. (e) No more than a combined total of two legislators may be appointed under Subsections (2)(c), (d), and (e). (4) The governor shall select the board's chair. (5) A majority of the members of the board is a quorum for the transaction of business. (6) The board may elect a vice chair and any other board offices. (7) The board may create one or more subcommittees to advise the board on any issue related to the state fair park. (8) A member described in Subsection (2)(e) shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. (9) The board shall create and may, as the board considers appropriate, modify: (a) a business plan for the authority; (b) a financial plan for the authority that projects self-sufficiency for the authority within two years; and (c) a master plan for the fair park land.
Utah Code § 11-13-228 — Utah Code / Title 11 / Chapter 11-13 / § 11-13-228
§ 11-13-228. Water District Water Development Council.
Status: in_force

(1) As used in this section: (a) "Council" means the Water District Water Development Council created pursuant to this section. (b) "Division" means the Division of Water Resources. (c) "Generational" means sufficient to meet anticipated demand for 50 to 75 years. (d) "Generational water infrastructure" means physical facilities or other physical assets designed to meet generational demands for water. (e) "State or local entity" means: (i) a department, division, commission, agency, or other instrumentality of state government; or (ii) a political subdivision or the political subdivision's instrumentalities. (f) "Water agent" means the Utah water agent appointed by the governor under Section 73-10g-702. (g) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act. (2) (a) Subject to this part, the four largest water conservancy districts in the state based on operating budgets shall enter into an agreement with one another and the division to form the Water District Water Development Council as a joint administrator of a joint or cooperative undertaking. (b) The members of the council shall consist of: (i) the general manager or the general manager's designee for each of the water conservancy districts described in Subsection (2)(a); and (ii) the director of the division, who will represent the needs of the portions of the state that are not served by the water conservancy districts in the agreement. (c) A member of the council may not receive compensation, per diem, or expenses for service on the council. (d) The council shall appoint a director to manage operations of the council. The council shall set the salary for the director and the director serves at the pleasure of the council. (e) The council shall establish and maintain office space and staff for the council and the water agent. The water conservancy districts that enter into the agreement shall pay the costs of the office space and staff that are directly related to the activities of the council, including staff from a water conservancy district that is assigned to work with the council, except that, to the extent appropriated by the Legislature, the state shall pay the costs of the water agent and costs for non-district staff hired to solely work for the council or water agent. (3) (a) The council may not own or operate water infrastructure, but may advise a water conservancy district that enters into the agreement about the development of generational water infrastructure by a water conservancy district. (b) For the generational water needs of the citizens of Utah and within the authorities given to the water conservancy districts represented on the council in Title 17B, Chapter 2a, Part 10, Water Conservancy District Act, the council shall jointly plan for generational water infrastructure and advance the responsible development of water within the jurisdiction of the water conservancy districts represented on the council to address water users' generational need for adequate and reliable water supplies, including: (i) assessing generational water needs based on population growth and economic development; (ii) identifying possible sources to meet the generational water needs; (iii) exploring physical interconnections and joint operations of generational water infrastructure that exist as of May 1, 2024, and into the future; (iv) assessing water conservation as a component of generational water supplies and environmental conservation efforts; (v) scoping solutions to determine the most viable pathways for meeting generational water needs; (vi) collecting and analyzing data necessary to make informed decisions regarding generational water needs; (vii) coordinating with other water suppliers within the state as needed; (viii) making recommendations to the Legislature regarding projects, funding, and policy changes to provide for generational water needs; and (ix) annually reporting findings and recommendations, by no later than October 1, to: (A) the governor; (B) the president of the Senate; (C) the speaker of the House of Representatives; (D) the Legislative Water Development Commission created by Section 73-27-102; (E) the Natural Resources, Agriculture, and Environment Interim Committee; and (F) the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. (c) The council shall coordinate with the division regarding the need for generational water infrastructure and how to meet that need and, as part of this coordination the council shall assist the division in the division's development of a state water plan under Section 73-10-15. (d) The council shall receive input from and coordinate with the water agent. (e) The council may not levy, assess, or collect ad valorem property taxes or issue bonds. (f) The council shall adopt policies for procurement that enable the council to efficiently fulfill the council's responsibilities under the agreement. (g) The council is advisory and may not establish policy for the state. (h) The council does not control money used to fund water infrastructure. (4) Subject to Title 63G, Chapter 2, Government Records Access and Management Act, upon request of the council, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity. (5) Nothing in this section restricts the ability of a water conservancy district to contract under Subsection 17B-2a-1004(2).
Utah Code § 11-70-302 — Utah Code / Title 11 / Chapter 11-70 / § 11-70-302
§ 11-70-302. Number of board members -- Appointment -- Terms -- Vacancies -- Nonvoting members.
Status: in_force

(1) The fairpark district's board consists of five voting members, as provided in Subsection (2). (2) (a) The governor shall appoint two individuals as board members: (i) one of whom shall be a member of the fair park authority board; and (ii) one of whom shall be a representative from the West Side Coalition in Salt Lake City. (b) The president of the Senate shall appoint as a board member one individual with relevant business expertise. (c) The speaker of the House of Representatives shall appoint as a board member one individual with relevant business expertise. (d) The host municipality shall appoint one individual as a board member. (3) An individual required under Subsection (2) to appoint a board member shall appoint each initial board member the individual is required to appoint no later than June 1, 2024. (4) The term of a board member appointed under Subsection (2) is six years, except that the initial term of the members appointed under Subsection (2)(a) is three years. (5) Each board member serves until a successor is duly appointed and qualified. (6) An appointed board member may serve multiple terms if duly appointed under Subsection (2) to serve each term. (7) (a) A vacancy in the board shall be filled in the same manner under this section as the appointment of the member whose vacancy is being filled. (b) An individual appointed to fill a vacancy shall serve the remaining unexpired term of the member whose vacancy the individual is filling. (8) A member of the board appointed under Subsection (2)(a), (b), or (c) serves at the pleasure of and may be removed and replaced at any time, with or without cause, by the individual who appointed the member. (9) A majority of the voting members of the board may appoint as many as two individuals to serve as nonvoting advisory board members, to serve as the board determines.
Utah Code § 11-61-103 — Utah Code / Title 11 / Chapter 11-61 / § 11-61-103
§ 11-61-103. Exceptions.
Status: in_force

This chapter does not apply to: (1) a restriction on expressive activity on public grounds that a political subdivision imposes in order to comply with Title 20A, Election Code; (2) property that a political subdivision owns or leases: (a) that is closed to public access; or (b) where state or federal law restricts expressive activity; or (3) a limited or nonpublic forum.
Utah Code § 11-14-103 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-103
§ 11-14-103. Bond issues authorized -- Purposes -- Use of bond proceeds.
Status: in_force

(1) Any local political subdivision may, in the manner and subject to the limitations and restrictions contained in this chapter, issue its negotiable bonds for the purpose of paying all or part of the cost of: (a) acquiring, improving, or extending any one or more improvements, facilities, or property that the local political subdivision is authorized by law to acquire, improve, or extend; (b) acquiring, or acquiring an interest in, any one or more or any combination of the following types of improvements, facilities, or property to be owned by the local political subdivision, either alone or jointly with one or more other local political subdivisions, or for the improvement or extension of any of those wholly or jointly owned improvements, facilities, or properties: (i) public buildings of every nature, including without limitation, offices, courthouses, jails, fire, police and sheriff's stations, detention homes, and any other buildings to accommodate or house lawful activities of a local political subdivision; (ii) waterworks, irrigation systems, water systems, dams, reservoirs, water treatment plants, and any other improvements, facilities, or property used in connection with the acquisition, storage, transportation, and supplying of water for domestic, industrial, irrigation, recreational, and other purposes and preventing pollution of water; (iii) sewer systems, sewage treatment plants, incinerators, and other improvements, facilities, or property used in connection with the collection, treatment, and disposal of sewage, garbage, or other refuse; (iv) drainage and flood control systems, storm sewers, and any other improvements, facilities, or property used in connection with the collection, transportation, or disposal of water; (v) recreational facilities of every kind, including without limitation, athletic and play facilities, playgrounds, athletic fields, gymnasiums, public baths, swimming pools, camps, parks, picnic grounds, fairgrounds, golf courses, zoos, boating facilities, tennis courts, auditoriums, stadiums, arenas, and theaters; (vi) convention centers, sports arenas, auditoriums, theaters, and other facilities for the holding of public assemblies, conventions, and other meetings; (vii) roads, bridges, viaducts, tunnels, sidewalks, curbs, gutters, and parking buildings, lots, and facilities; (viii) airports, landing fields, landing strips, and air navigation facilities; (ix) educational facilities, including without limitation, schools, gymnasiums, auditoriums, theaters, museums, art galleries, libraries, stadiums, arenas, and fairgrounds; (x) hospitals, convalescent homes, and homes for the aged or indigent; and (xi) electric light works, electric generating systems, and any other improvements, facilities, or property used in connection with the generation and acquisition of electricity for these local political subdivisions and transmission facilities and substations if they do not duplicate transmission facilities and substations of other entities operating in the state prepared to provide the proposed service unless these transmission facilities and substations proposed to be constructed will be more economical to these local political subdivisions; (c) new construction, renovation, or improvement to a state highway within the boundaries of the local political subdivision or an environmental study for a state highway within the boundaries of the local political subdivision; or (d) except as provided in Subsection (5), the portion of any claim, settlement, or judgment that exceeds $3,000,000. (2) Except as provided in Subsection (1)(c), any improvement, facility, or property under Subsection (1) need not lie within the limits of the local political subdivision. (3) A cost under Subsection (1) may include: (a) the cost of equipment and furnishings for such improvements, facilities, or property; (b) all costs incident to the authorization and issuance of bonds, including engineering, legal, and fiscal advisers' fees; (c) costs incident to the issuance of bond anticipation notes, including interest to accrue on bond anticipation notes; (d) interest estimated to accrue on the bonds during the period to be covered by the construction of the improvement, facility, or property and for 12 months after that period; and (e) other amounts which the governing body finds necessary to establish bond reserve funds and to provide working capital related to the improvement, facility, or property. (4) (a) Except as provided in Subsection (4)(b), the proceeds from bonds issued on or after May 14, 2013, may not be used: (i) for operation and maintenance expenses for more than one year after the date any of the proceeds are first used for those expenses; or (ii) for capitalization of interest more than five years after the bonds are issued. (b) The restrictions on the use of bond proceeds under Subsection (4)(a) do not apply to bonds issued to pay all or part of the costs of a claim, settlement, or judgment under Subsection (1)(d). (5) Beginning on or after July 1, 2021, a local political subdivision may not issue its negotiable bonds for a purpose described in Subsection (1)(d). (6) (a) As used in this Subsection (6): (i) "Applicable lease revenue bond" means a lease revenue bond in an amount that exceeds $10,000,000. (ii) "Combined total" means the total of all lease revenue bonds issued by a local political subdivision within any consecutive three-year period. (b) (i) A local political subdivision may not issue a lease revenue bond if the issuance of the bond will cause the combined total to exceed $200,000,000. (ii) The amount of a lease revenue bond to pay for the construction, reconstruction, or remodeling of a correctional facility, as defined in Section 77-17b-102, does not count toward the combined total. (c) Before issuing an applicable lease revenue bond on or after May 1, 2024, a local political subdivision shall: (i) make a statement at a meeting of the local political subdivision, as provided in Subsection (6)(d); (ii) as provided in Subsection (6)(e), publish notice of the proposed issuance of a lease revenue bond and of the public hearing under Subsection (6)(f); and (iii) hold a public hearing, as provided in Subsection (6)(f). (d) (i) At a regular meeting of the local political subdivision that is held at least 14 days before a public hearing under Subsection (6)(f), the governing body of a local political subdivision intending to issue an applicable lease revenue bond shall make a statement indicating: (A) the intent to issue a lease revenue bond; and (B) the purpose and estimated amount of the lease revenue bond. (ii) The local political subdivision's agenda under Section 52-4-202 for a meeting described in Subsection (6)(d)(i) shall include a separate item for the statement required under Subsection (6)(d)(i). (e) (i) A local political subdivision intending to issue an applicable lease revenue bond shall provide notice of the intent to issue a lease revenue bond and of the public hearing required under Subsection (6)(f). (ii) The notice required under Subsection (6)(e)(i) shall be published: (A) subject to Section 45-1-101, in a newspaper or combination of newspapers of general circulation in the local political subdivision; (B) electronically in accordance with Section 45-1-101; and (C) for the local political subdivision, as a class A notice under Section 63G-30-102, for at least 14 days immediately before the public hearing under Subsection (6)(d). (iii) If the local political subdivision intending to issue an applicable lease revenue bond is a school district, the notice required by Subsection (6)(e)(i) shall include a statement that contains substantially the following language: "This proposed lease revenue bond commits money from future property tax and income tax revenue allocated to the school district. Additionally, a lease revenue bond generally has a higher interest cost than a voter-approved general obligation bond." (iv) The notice described in Subsection (6)(e)(ii)(A): (A) shall be no less than 1/4 page in size, use type no smaller than 18 point, and be surrounded by a 1/4-inch border; (B) shall be run once each week for the two weeks before a local political subdivision conducts a public hearing under Subsection (6)(f); and (C) may not be placed in the portion of a newspaper where legal notices and classified advertisements appear. (v) A notice required under Subsection (6)(e)(i) shall: (A) contain a clear statement indicating that the local political subdivision intends to issue a lease revenue bond; (B) explain the purpose, proposed amount, and length of term of the lease revenue bond and the annual amount that the local political subdivision will be required to pay in principal and interest on the lease revenue bond; (C) identify the intended lessee of the facility to be constructed using proceeds from the lease revenue bond and the expected annual amount of lease payments that the lessee will pay; (D) provide the date, time, place, and purpose of the public hearing under Subsection (6)(f); and (E) provide the date, time, and place of the local political subdivision governing body meeting at which the governing body anticipates taking action on the proposal to issue a lease revenue bond. (f) (i) A local political subdivision intending to issue an applicable lease revenue bond shall hold a public hearing on the proposed lease revenue bond. (ii) A public hearing under this Subsection (6)(f): (A) shall be held beginning at or after 6:00 p.m.; (B) shall be held separate from any other public hearing; and (C) may be held the same day as another public hearing, including immediately before or after the other public hearing. (iii) At a public hearing under this Subsection (6)(f), the governing body of the local political subdivision shall provide a member of the public desiring to be heard an opportunity to present testimony on the proposed issuance of a lease revenue bond: (A) within reasonable time limits; and (B) without unreasonable restriction on the number of individuals allowed to make public comment.
Utah Code § 11-14-401 — Utah Code / Title 11 / Chapter 11-14 / § 11-14-401
§ 11-14-401. Short title -- Title to appear on face of bonds -- Effect of future statutes dealing with municipal bond issues.
Status: in_force

(1) This chapter is known as the "Local Government Bonding Act." (2) All bonds issued pursuant to authority contained in this chapter shall contain on their face a recital to that effect, and no chapter hereafter passed by the Legislature amending other chapters under which bonds authorized to be issued by this chapter might be issued or dealing with bond issues of local political subdivisions shall be construed to affect the authority to proceed under this chapter in the manner herein provided unless such future statute amends this chapter and specifically provides that it is to be applicable to bonds issued under this chapter. (3) All bonds referencing the prior title of this chapter, "Utah Municipal Bond Act," that were issued prior to May 2, 2005 pursuant to the authority contained in this chapter shall be considered to reference this chapter and shall be construed according to the terms of Subsection (1) as if they refer to the current title of this chapter.
Utah Code § 11-42-506 — Utah Code / Title 11 / Chapter 11-42 / § 11-42-506
§ 11-42-506. Release and discharge of assessment lien -- Notice of dissolution of assessment area.
Status: in_force

(1) (a) Upon an assessment on a parcel of property having been paid in full, the local entity shall file, in the office of the recorder of the county in which the property is located, a release and discharge of the assessment lien on that property. (b) Each release and discharge under Subsection (1)(a) shall: (i) include a legal description of the affected property; and (ii) comply with other applicable requirements for recording a document. (2) (a) Upon all assessments levied within an assessment area having been paid in full, or upon payment in full having been provided for, the local entity shall file, in the office of the recorder of the county in which the property within the assessment area is located, a notice of the dissolution of the assessment area. (b) Each notice under Subsection (2)(a) shall: (i) include a legal description of the property assessed within the assessment area; and (ii) comply with all other applicable requirements for recording a document.
Utah Code § 11-58-106 — Utah Code / Title 11 / Chapter 11-58 / § 11-58-106
§ 11-58-106. Loan approval committee -- Approval of infrastructure loans.
Status: in_force

(1) As used in this section: (a) "Borrower" means the same as that term is defined in Section 63A-3-401.5. (b) "Infrastructure loan" means the same as that term is defined in Section 63A-3-401.5. (c) "Infrastructure project" means the same as that term is defined in Section 63A-3-401.5. (d) "Inland port fund" means the same as that term is defined in Section 63A-3-401.5. (e) "Loan approval committee" means a committee established under Subsection (2). (2) (a) The authority shall establish a loan committee consisting of: (i) two individuals with expertise in public finance or infrastructure development, appointed by the governor; (ii) one individual with expertise in public finance or infrastructure development, appointed by the president of the Senate; (iii) one individual with expertise in public finance or infrastructure development, appointed by the speaker of the House of Representatives; and (iv) one individual with expertise in public finance or infrastructure development, appointed jointly by the president of the Senate and the speaker of the House of Representatives. (b) A board member may not be appointed to or serve as a member of the loan committee. (3) (a) The loan committee may recommend for board approval an infrastructure loan from the inland port fund to a borrower for an infrastructure project undertaken by the borrower. (b) An infrastructure loan from the inland port fund may not be made unless: (i) the infrastructure loan is recommended by the loan committee; and (ii) the board approves the infrastructure loan. (4) (a) If the loan committee recommends an infrastructure loan, the loan committee shall recommend the terms of an infrastructure loan in accordance with Section 63A-3-404. (b) The board shall require the terms of an infrastructure loan secured by property tax differential to include a requirement that money from the infrastructure loan be used only for an infrastructure project within the project area that generates the property tax differential. (5) (a) The board may establish policies and guidelines with respect to prioritizing requests for infrastructure loans and approving infrastructure loans. (b) With respect to infrastructure loan requests for an infrastructure project on authority jurisdictional land, the policies and guidelines established under Subsection (5)(a) shall give priority to an infrastructure loan request that furthers the policies and best practices incorporated into the environmental sustainability component of the authority's business plan under Subsection 11-58-202(1)(a). (6) Within 60 days after the execution of an infrastructure loan, the board shall report the infrastructure loan, including the loan amount, terms, interest rate, and security, to: (a) the Executive Appropriations Committee; and (b) the State Finance Review Commission created in Section 63C-25-201. (7) (a) Salaries and expenses of committee members who are legislators shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. (b) A committee member who is not a legislator may not receive compensation or benefits for the member's service on the committee, but may receive per diem and reimbursement for travel expenses incurred as a committee member at the rates established by the Division of Finance under: (i) Sections 63A-3-106 and 63A-3-107; and (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 11-36a-602 — Utah Code / Title 11 / Chapter 11-36a / § 11-36a-602
§ 11-36a-602. Expenditure of impact fees.
Status: in_force

(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.