2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 2 - Utah Inland Port Authority › Section 202 - Authority powers and duties.

Effective 3/21/2022
11-58-202.
Authority powers and duties.
(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 Utah 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 the best available technology to mitigate environmental impacts 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, including the development of public infrastructure and improvements and other infrastructure and improvements 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 its 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; or
(iii) 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 Subsection (3)(b) and any later 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).
(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) The authority shall modify the official delineation of the boundary of the authority jurisdictional land under 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.
Amended by Chapter 32, 2022 General Session
Amended by Chapter 82, 2022 General Session