reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 3 - Agency Property › Section 301.5 - Agency property exempt from taxation -- Exception.

Effective 5/10/2016
17C-1-301.5.
Agency property exempt from taxation -- Exception.
(1) Agency property acquired or held for purposes of this title is public property used for essential public and governmental purposes and, subject to Subsection (2), is exempt from taxation by a taxing entity.
(2) The exemption in Subsection (1) does not apply to property that the agency leases to a lessee unless the lessee is entitled to a tax exemption with respect to the property.
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 3 - Agency Property › Section 302 - Agency property exempt from levy and execution sale -- Judgment against community or agency.

Effective 5/10/2016
17C-1-302.
Agency property exempt from levy and execution sale -- Judgment against community or agency.
(1)
(a)
(i) All agency property, including funds the agency owns or holds for purposes of this title, is exempt from levy and execution sale, and no execution or judicial process may issue against the property.
(ii) A judgment against an agency may not be a charge or lien upon agency property.
(b) Subsection (1)(a) does not apply to or limit the right of an obligee to pursue any remedy for the enforcement of any pledge or lien given by an agency on the agency's funds or revenues.
(2) A judgment against the community that created the agency may not be a charge or lien upon agency property.
(3) A judgment against an agency may not be a charge or lien upon property of the community that created the agency.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 401.1 - Title.

Effective 5/10/2016
17C-1-401.1.
Title.
This part is known as "Project Area Funds."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 404 - Tax increment under a post-June 30, 1993, project area plan.

Effective 5/10/2016
17C-1-404.
Tax increment under a post-June 30, 1993, project area plan.
(1) This section applies to tax increment under a post-June 30, 1993, project area plan adopted before May 1, 2006, only.
(2) A board may provide in the project area budget for the agency to be paid:
(a) if 20% of the project area budget is allocated for housing under Section 17C-2-203:
(i) 100% of annual tax increment for 15 years;
(ii) 75% of annual tax increment for 24 years; or
(iii) if approved by the taxing entity committee, any percentage of tax increment up to 100%, or any specified dollar amount, for any period of time; or
(b) if 20% of the project area budget is not allocated for housing under Section 17C-2-203:
(i) 100% of annual tax increment for 12 years;
(ii) 75% of annual tax increment for 20 years; or
(iii) if approved by the taxing entity committee, any percentage of tax increment up to 100%, or any specified dollar amount, for any period of time.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 405 - Tax increment under a project area plan adopted on or after May 1, 2006.

Effective 5/10/2016
17C-1-405.
Tax increment under a project area plan adopted on or after May 1, 2006.
(1) This section applies to tax increment under a project area plan adopted on or after May 1, 2006, and before May 10, 2016.
(2) Subject to the approval of the taxing entity committee, a board may provide in the urban renewal or economic development project area budget for the agency to be paid:
(a) for an urban renewal project area plan that proposes development of an inactive industrial site or inactive airport site, at least 60% of tax increment for at least 20 years; or
(b) for each other project, any percentage of tax increment up to 100% or any specified dollar amount of tax increment for any period of time.
(3) A resolution or interlocal agreement relating to an agency's use of tax increment for a community development project area plan may provide for the agency to be paid any percentage of tax increment up to 100% or any specified dollar amount of tax increment for any period of time.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 406 - Additional tax increment under certain post-June 30, 1993, project area plans.

Effective 5/10/2016
17C-1-406.
Additional tax increment under certain post-June 30, 1993, project area plans.
(1) This section applies to a post-June 30, 1993, project area plan adopted before May 1, 2006.
(2) An agency may, without the approval of the taxing entity committee, elect to be paid 100% of annual tax increment for each year beyond the periods specified in Subsection 17C-1-404(2) to a maximum of 25 years, including the years the agency is paid tax increment under Subsection 17C-1-404(2), if:
(a) for an agency in a city in which is located all or a portion of an interchange on I-15 or that would directly benefit from an interchange on I-15:
(i) the tax increment paid to the agency during the additional years is used to pay some or all of the cost of the installation, construction, or reconstruction of:
(A) an interchange on I-15, whether or not the interchange is located within a project area; or
(B) frontage and other roads connecting to the interchange, as determined by the Department of Transportation created under Section 72-1-201 and the Transportation Commission created under Section 72-1-301, whether or not the frontage or other road is located within a project area; and
(ii) the installation, construction, or reconstruction of the interchange or frontage and other roads has begun on or before June 30, 2002; or
(b) for an agency in a city of the first or second class:
(i) the tax increment paid to the agency during the additional years is used to pay some or all of the cost of the land for and installation and construction of a recreational facility, as defined in Section 59-12-702, or a cultural facility, including parking and infrastructure improvements related to the recreational or cultural facility, whether or not the facility is located within a project area; and
(ii) the installation or construction of the recreational or cultural facility has begun on or before June 30, 2002.
(3) Notwithstanding any other provision of this section, an agency may use tax increment received under Subsection 17C-1-404(2) for any of the uses indicated in this section.
(4) Notwithstanding Subsection (2), a school district may not, without the school district's consent, receive less tax increment because of application of Subsection (2) than it would have received without that subsection.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 408 - Base taxable value to be adjusted to reflect other changes.

Effective 5/10/2016
17C-1-408.
Base taxable value to be adjusted to reflect other changes.
(1)
(a)
(i) As used in this Subsection (1), "qualifying decrease" means:
(A) a decrease of more than 20% from the previous tax year's levy; or
(B) a cumulative decrease over a consecutive five-year period of more than 100% from the levy in effect at the beginning of the five-year period.
(ii) The year in which a qualifying decrease under Subsection (1)(a)(i)(B) occurs is the fifth year of the five-year period.
(b) If there is a qualifying decrease in the minimum basic school levy under Section 59-2-902 that would result in a reduction of the amount of tax increment to be paid to an agency:
(i) the base taxable value shall be reduced in the year of the qualifying decrease to the extent necessary, even if below zero, to provide the agency with approximately the same amount of tax increment that would have been paid to the agency each year had the qualifying decrease not occurred; and
(ii) the amount of tax increment paid to the agency each year for the payment of bonds and indebtedness may not be less than what would have been paid to the agency if there had been no qualifying decrease.
(2)
(a) The base taxable value to be used in determining tax increment shall be:
(i) increased or decreased by the amount of an increase or decrease that results from:
(A) a statute enacted by the Legislature or by the people through an initiative;
(B) a judicial decision;
(C) an order from the State Tax Commission to a county to adjust or factor the county's assessment rate under Subsection 59-2-704(2);
(D) a change in exemption provided in Utah Constitution Article XIII, Section 2, or Section 59-2-103; or
(E) an increase or decrease in the percentage of fair market value, as defined under Section 59-2-102; and
(ii) reduced for any year to the extent necessary, even if below zero, to provide an agency with approximately the same amount of money the agency would have received without a reduction in the county's certified tax rate if:
(A) in that year there is a decrease in the county's certified tax rate under Subsection 59-2-924.2(2) or (3)(a);
(B) the amount of the decrease is more than 20% of the county's certified tax rate of the previous year; and
(C) the decrease would result in a reduction of the amount of tax increment to be paid to the agency.
(b) Notwithstanding an increase or decrease under Subsection (2)(a), the amount of tax increment paid to an agency each year for payment of bonds or other indebtedness may not be less than would have been paid to the agency each year if there had been no increase or decrease under Subsection (2)(a).
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 410 - Agency may make payments to other taxing entities.

Effective 5/10/2016
17C-1-410.
Agency may make payments to other taxing entities.
(1) Subject to Subsection (3), an agency may grant agency funds to a taxing entity to offset some or all of the tax revenue that the taxing entity did not receive because of tax increment paid to the agency.
(2)
(a) Subject to Subsection (3), an agency may use agency funds to pay to a school district an amount of money that the agency determines to be appropriate to alleviate a financial burden or detriment borne by the school district because of the project area development.
(b) Each agency that agrees to pay money to a school district under Subsection (2)(a) shall provide a copy of the agreement to the State Board of Education.
(3)
(a) If an agency intends to pay agency funds to one or more taxing entities under Subsection (1) or (2) but does not intend to pay funds to all taxing entities in proportionally equal amounts, the agency shall provide written notice to each taxing entity of the agency's intent.
(b)
(i) A taxing entity that receives notice under Subsection (3)(a) may elect not to have the taxing entity's tax increment collected and used to pay funds to other taxing entities under this section.
(ii) Each election under Subsection (3)(b)(i) shall be:
(A) in writing; and
(B) delivered to the agency within 30 days after the taxing entity's receipt of the notice under Subsection (3)(a).
(c) If a taxing entity makes an election under Subsection (3)(b), the portion of the taxing entity's tax increment that would have been used by the agency to pay funds under this section to one or more other taxing entities may not be collected by the agency.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 411 - Use of project area funds for housing-related improvements and for relocating mobile home park residents -- Funds to be held in separate accounts.

Effective 5/3/2023
17C-1-411.
Use of project area funds for housing-related improvements and for relocating mobile home park residents -- Funds to be held in separate accounts.
(1) An agency may use project area funds:
(a) to pay all or part of the value of the land for and the cost of installation, construction, or rehabilitation of any housing-related building, facility, structure, or other housing improvement, including infrastructure improvements related to housing, located in any project area within the agency's boundaries;
(b) outside of a project area for the purpose of:
(i) replacing housing units lost by project area development; or
(ii) increasing, improving, or preserving the affordable housing supply within the boundary of the agency;
(c) for relocating mobile home park residents displaced by project area development, whether inside or outside a project area; or
(d) subject to Subsection (4), to transfer funds to a community that created the agency.
(2)
(a) Each agency shall create a housing fund and separately account for project area funds allocated under this section.
(b) Interest earned by the housing fund described in Subsection (2)(a), and any payments or repayments made to the agency for loans, advances, or grants of any kind from the housing fund, shall accrue to the housing fund.
(c) An agency that designates a housing fund under this section shall use the housing fund for the purposes set forth in this section or Section 17C-1-412.
(3) An agency may lend, grant, or contribute funds from the housing fund to a person, public entity, housing authority, private entity or business, or nonprofit corporation for affordable housing or homeless assistance.
(4) For the purpose of offsetting the community's annual local contribution to the Homeless Shelter Cities Mitigation Restricted Account, the total amount an agency transfers in a calendar year to a community under Subsections (1)(d), 17C-1-409(1)(a)(v), and 17C-1-412(1)(a)(x) may not exceed the community's annual local contribution as defined in Subsection 59-12-205(4).
Amended by Chapter 471, 2023 General Session
Amended by Chapter 492, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 413 - Base taxable value for new tax.

Effective 5/10/2016
17C-1-413.
Base taxable value for new tax.
For purposes of calculating tax increment with respect to a tax that a taxing entity levies for the first time after the effective date of a project area plan, the base taxable value shall be used, subject to any adjustments under Section 17C-1-408.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 414 - Project area boundaries that divide a tax parcel -- Deletion of parcel from tax increment calculation.

17C-1-414.
Project area boundaries that divide a tax parcel -- Deletion of parcel from tax increment calculation.
(1) If the boundaries of a project area, as described in the project area plan, include part of a tax parcel and exclude part of the same tax parcel, the agency shall provide the assessor of the county in which the project area is located a metes and bounds description of the part of the tax parcel included within the project area boundaries.
(2) If an agency fails to comply with the requirement of Subsection (1), the assessor of the county in which the tax parcel is located may exclude that parcel from the project area for purposes of calculating tax increment to be paid to the agency until the agency complies with the requirement of Subsection (1).
Enacted by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 4 - Project Area Funds › Section 415 - Obligations of agencies that use tax increment to pay for communication infrastructure or facility.

17C-1-415.
Obligations of agencies that use tax increment to pay for communication infrastructure or facility.
An agency that uses tax increment on or after March 30, 2009 to pay for communication infrastructure or a communication facility:
(1) may not make or grant any undue or unreasonable preference or advantage to a provider of communication service with respect to the communication infrastructure or communication facility for which the tax increment is used; and
(2) shall allow the communication infrastructure and facilities for which tax increment is used to be used by any other provider of communication service on a fair, equitable, and nondiscriminatory basis.
Enacted by Chapter 387, 2009 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 501.5 - Resolution authorizing issuance of agency bonds -- Characteristics of bonds.

Effective 5/10/2016
17C-1-501.5.
Resolution authorizing issuance of agency bonds -- Characteristics of bonds.
(1) An agency may not issue a bond under this part unless the board first adopts a resolution authorizing the bond issuance.
(2)
(a) As provided in the agency resolution authorizing the issuance of a bond under this part or the trust indenture under which the bond is issued, a bond 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) A bond issued by an agency 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 agency resolution authorizing the bond issuance or the trust indenture under which the bond is issued.
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 502 - Sources from which bonds may be made payable -- Agency powers regarding bonds.

Effective 5/5/2021
17C-1-502.
Sources from which bonds may be made payable -- Agency powers regarding bonds.
(1) An agency may pay the principal and interest on a bond issued by the agency from:
(a) the income and revenues of the project area development financed with the proceeds of the bond;
(b) the income and revenue of certain designated project area development regardless of whether the project area development is financed in whole or in part with the proceeds of the bond;
(c) the income, proceeds, revenue, property, or agency funds derived from or held in connection with the agency's undertaking and implementation of project area development;
(d) project area funds;
(e) agency revenues generally;
(f) a contribution, loan, grant, or other financial assistance from a public entity in aid of project area development, including the assignment of revenue or taxes in support of an agency bond;
(g) project area incremental revenue or property tax revenue as those terms are defined in Section 17C-1-1001; or
(h) funds derived from any combination of the methods listed in Subsections (1)(a) through (g).
(2) In connection with the issuance of an agency bond, an agency may:
(a) pledge all or any part of the agency's gross or net rents, fees, or revenues to which the agency's right then exists or may thereafter come into existence;
(b) encumber by mortgage, deed of trust, or otherwise all or any part of the agency's real or personal property, then owned or thereafter acquired; and
(c) make the covenants and take the action that:
(i) may be necessary, convenient, or desirable to secure the bond; or
(ii) except as otherwise provided in this chapter, will tend to make the bond more marketable, even though such covenants or actions are not specifically enumerated in this chapter.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 503 - Signature of officer who leaves office.

17C-1-503.
Signature of officer who leaves office.
If an agency officer whose signature appears on a bond issued under this part leaves office before delivery of the bond, the signature shall continue to be valid as if the official had remained in office until delivery of the bond.
Renumbered and Amended by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 504 - Contesting the legality of resolution authorizing bonds -- Time limit -- Presumption.

Effective 5/10/2016
17C-1-504.
Contesting the legality of resolution authorizing bonds -- Time limit -- Presumption.
(1) Any person may contest the legality of the resolution authorizing issuance of the bond or any provisions for the security and payment of the bond for a period of 30 days after:
(a) publication of the resolution authorizing the bond; or
(b) publication of a notice of bond containing substantially the items required under Subsection 11-14-316(2).
(2) After the 30-day period described in Subsection (1), no person may bring a lawsuit or other proceeding contesting the regularity, formality, or legality of the bond for any reason.
(3) In a lawsuit or other proceeding involving the question of whether a bond issued under this part is valid or enforceable or involving the security for a bond, if a bond recites that the agency issued the bond in connection with project area development:
(a) the bond shall be conclusively presumed to have been issued for that purpose; and
(b) the project area plan and project area shall be conclusively presumed to have been properly formed, adopted, planned, located, and implemented in accordance with this title.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 505 - Authority to purchase agency bonds.

Effective 5/10/2016
17C-1-505.
Authority to purchase agency bonds.
(1) Any person, firm, corporation, association, political subdivision of the state, or other entity or public or private officer may purchase a bond issued by an agency under this part with funds owned or controlled by the purchaser.
(2) Nothing in this section may be construed to relieve a purchaser of an agency bond of any duty to exercise reasonable care in selecting securities.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 506 - Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.

Effective 5/10/2016
17C-1-506.
Those executing bonds not personally liable -- Limitation of obligations under bonds -- Negotiability.
(1) A member of a board or other person executing an agency bond is not liable personally on the bond.
(2)
(a) A bond issued by an agency is not a general obligation or liability of the community, the state, or any of the state's political subdivisions and does not constitute a charge against their general credit or taxing powers.
(b) A bond issued by an agency is not payable out of any funds or properties other than those of the agency.
(c) The community, the state, and the state's political subdivisions may not be liable on a bond issued by an agency.
(d) A bond issued by an agency does not constitute indebtedness within the meaning of any constitutional or statutory debt limitation.
(3) A bond issued by an agency under this part is fully negotiable.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 507 - Obligee rights -- Board may confer other rights.

Effective 5/10/2016
17C-1-507.
Obligee rights -- Board may confer other rights.
(1) In addition to all other rights that are conferred on an obligee of a bond issued by an agency under this part and subject to contractual restrictions binding on the obligee, an obligee may:
(a) by mandamus, suit, action, or other proceeding, compel an agency and the agency's board, officers, agents, or employees to perform every term, provision, and covenant contained in any contract of the agency with or for the benefit of the obligee, and require the agency to carry out the covenants and agreements of the agency and to fulfill all duties imposed on the agency by this part; and
(b) by suit, action, or other proceeding, enjoin any acts or things that may be unlawful or violate the rights of the obligee.
(2)
(a) In a board resolution authorizing the issuance of a bond or in a trust indenture, mortgage, lease, or other contract, a board may confer upon an obligee holding or representing a specified amount in bonds, the rights described in Subsection (2)(b), to accrue upon the happening of an event or default prescribed in the resolution, indenture, mortgage, lease, or other contract, and to be exercised by suit, action, or proceeding in any court of competent jurisdiction.
(b)
(i) The rights that the board may confer under Subsection (2)(a) are the rights to:
(A) cause possession of all or part of the project area development to be surrendered to an obligee;
(B) obtain the appointment of a receiver of all or part of an agency's project area development and of the rents and profits from the project area development; and
(C) require the agency and the board and employees to account as if the agency and the board and employees were the trustees of an express trust.
(ii) If a receiver is appointed through the exercise of a right granted under Subsection (2)(b)(i)(B), the receiver:
(A) may enter and take possession of the project area development or any part of the project area development, operate and maintain the project area development, and collect and receive all fees, rents, revenues, or other charges arising from the project area development after the receiver's appointment; and
(B) shall keep money collected as receiver for the agency in a separate account and apply the money pursuant to the agency obligations as the court directs.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 5 - Agency Bonds › Section 508 - Bonds exempt from taxes -- Agency may purchase an agency's own bonds.

Effective 5/10/2016
17C-1-508.
Bonds exempt from taxes -- Agency may purchase an agency's own bonds.
(1) A bond issued by an agency under this part is issued for an essential public and governmental purpose and is, together with interest on the bond and income from it, exempt from all state taxes except the corporate franchise tax.
(2) An agency may purchase the agency's own bonds at a price that the board determines.
(3) Nothing in this section may be construed to limit the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given under this part by an agency on the agency's rents, fees, grants, properties, or revenues.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 601.1 - Title.

Effective 5/10/2016
17C-1-601.1.
Title.
This part is known as "Agency Annual Report, Budget, and Audit Requirements."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 601.5 - Annual agency budget -- Fiscal year -- Public hearing required -- Notice -- Auditor forms -- Requirement to file form.

Effective 5/3/2023
17C-1-601.5.
Annual agency budget -- Fiscal year -- Public hearing required -- Notice -- Auditor forms -- Requirement to file form.
(1) Each agency shall prepare an annual budget of the agency's revenues and expenditures for each fiscal year.
(2) The board shall adopt each agency budget:
(a) for an agency created by a municipality, before June 30; or
(b) for an agency created by a county, before December 15.
(3) The agency's fiscal year shall be the same as the fiscal year of the community that created the agency.
(4)
(a) Before adopting an annual budget, each board shall hold a public hearing on the annual budget.
(b) Each agency shall provide notice of the public hearing on the annual budget for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for at least one week before the day of the public hearing.
(c) Each agency shall make the annual budget available for public inspection at least three days before the date of the public hearing.
(5) The state auditor shall prescribe the budget forms and the categories to be contained in each annual budget, including:
(a) revenues and expenditures for the budget year;
(b) legal fees; and
(c) administrative costs, including rent, supplies, and other materials, and salaries of agency personnel.
(6)
(a) Within 90 days after adopting an annual budget, each board shall file a copy of the annual budget with the auditor of the county in which the agency is located, the State Tax Commission, the state auditor, the State Board of Education, and each taxing entity from which the agency receives project area funds.
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the state as a taxing entity is met if the agency files a copy with the State Tax Commission and the state auditor.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 602 - Amending the agency annual budget.

Effective 5/10/2016
17C-1-602.
Amending the agency annual budget.
(1) A board may by resolution amend an annual budget.
(2) An amendment to an annual budget that would increase the total expenditures may be made only after a public hearing is held in accordance with Subsection 17C-1-601.5(4).
(3) An agency may not make expenditures in excess of the total expenditures established in the annual budget as the annual budget is adopted or amended.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 604 - Audit requirements.

17C-1-604.
Audit requirements.
Each agency shall comply with the audit requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Renumbered and Amended by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 605 - Audit report.

Effective 5/5/2021
17C-1-605.
Audit report.
(1) Each agency required to be audited under Section 17C-1-604 shall, within 180 days after the end of the agency's fiscal year, file a copy of the audit report with the county auditor, the State Tax Commission, the State Board of Education, and each taxing entity from which the agency receives tax increment.
(2) Each audit report under Subsection (1) shall include:
(a) the tax increment collected by the agency for each project area;
(b) the amount of tax increment paid to each taxing entity under Section 17C-1-410;
(c) the outstanding principal amount of bonds issued or other loans incurred to finance the costs associated with the agency's project areas;
(d) the amount of property tax revenue generated under Part 10, Agency Taxing Authority; and
(e) the actual amount expended for:
(i) acquisition of property;
(ii) site improvements or site preparation costs;
(iii) installation of public utilities or other public improvements; and
(iv) administrative costs of the agency.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 606 - County auditor report on project areas.

Effective 5/10/2016
17C-1-606.
County auditor report on project areas.
(1)
(a) On or before March 31 of each year, the auditor of each county in which an agency is located shall prepare a report on the project areas within each agency.
(b) The county auditor shall send a copy of each report under Subsection (1)(a) to the agency that is the subject of the report, the State Tax Commission, the State Board of Education, and each taxing entity from which the agency receives tax increment.
(2) Each report under Subsection (1)(a) shall report:
(a) the total assessed property value within each project area for the previous tax year;
(b) the base taxable value of each project area for the previous tax year;
(c) the tax increment available to be paid to the agency for the previous tax year;
(d) the tax increment requested by the agency for the previous tax year; and
(e) the tax increment paid to the agency for the previous tax year.
(3) Within 30 days after a request by an agency, the State Tax Commission, the State Board of Education, or any taxing entity from which the agency receives tax increment, the county auditor or the county assessor shall provide access to:
(a) the county auditor's method and calculations used to make adjustments under Section 17C-1-408;
(b) the unequalized assessed valuation of an existing or proposed project area, or any parcel or parcels within an existing or proposed project area, if the equalized assessed valuation has not yet been determined for that year;
(c) the most recent equalized assessed valuation of an existing or proposed project area or any parcel or parcels within an existing or proposed project area; and
(d) the tax rate of each taxing entity adopted as of November 1 for the previous tax year.
(4) Each report described in Subsection (1)(a) shall include:
(a) sufficient detail regarding the calculations performed by a county auditor so that an agency or other interested party could repeat and verify the calculations; and
(b) a detailed explanation of any adjustments made to the base taxable value of each project area.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 607 - State Tax Commission and county assessor required to account for new growth.

Effective 5/10/2016
17C-1-607.
State Tax Commission and county assessor required to account for new growth.
Upon the expiration of a project area funds collection period, the State Tax Commission and the assessor of each county in which a project area is located shall count as new growth the assessed value of property with respect to which the taxing entity is receiving taxes or increased taxes for the first time.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 608 - Registration as a limited purpose entity.

Effective 5/8/2018
17C-1-608.
Registration as a limited purpose entity.
(1) Each community reinvestment agency shall register and maintain the community reinvestment agency's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(2) A community reinvestment agency that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Enacted by Chapter 256, 2018 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 6 - Agency Annual Report, Budget, and Audit Requirements › Section 609 - Agency reporting limitations.

Effective 5/14/2019
17C-1-609.
Agency reporting limitations.
Except as required under this title, an agency is not required to submit to a public entity information or a report related to the agency's operations or project areas.
Enacted by Chapter 333, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 7 - Agency and Project Area Dissolution › Section 701.1 - Title.

Effective 5/10/2016
17C-1-701.1.
Title.
This part is known as "Agency and Project Area Dissolution."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 7 - Agency and Project Area Dissolution › Section 701.5 - Agency dissolution -- Restrictions -- Notice -- Recording requirements -- Agency records -- Dissolution expenses.

Effective 5/3/2023
17C-1-701.5.
Agency dissolution -- Restrictions -- Notice -- Recording requirements -- Agency records -- Dissolution expenses.
(1)
(a) Subject to Subsection (1)(b), the community legislative body may, by ordinance, dissolve an agency.
(b) A community legislative body may adopt an ordinance described in Subsection (1)(a) only if the agency has no outstanding bonded indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual obligations with a person other than the community.
(2)
(a) The community legislative body shall:
(i) within 10 days after adopting an ordinance described in Subsection (1), file with the lieutenant governor a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) upon the lieutenant governor's issuance of a certificate of dissolution under Section 67-1a-6.5, submit to the recorder of the county in which the agency is located:
(A) the original notice of an impending boundary action;
(B) the original certificate of dissolution; and
(C) a certified copy of the ordinance that dissolves the agency.
(b) Upon the lieutenant governor's issuance of the certificate of dissolution under Section 67-1a-6.5, the agency is dissolved.
(c) Within 10 days after receiving the certificate of dissolution from the lieutenant governor under Section 67-1a-6.5, the community legislative body shall send a copy of the certificate of dissolution and the ordinance adopted under Subsection (1) to the State Board of Education, and each taxing entity.
(d) The community legislative body shall post a notice of dissolution for the community, as a class A notice under Section 63G-30-102, for at least 10 days.
(3) The books, documents, records, papers, and seal of each dissolved agency shall be deposited for safekeeping and reference with the recorder of the community that dissolved the agency.
(4) The agency shall pay all expenses of the dissolution.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 7 - Agency and Project Area Dissolution › Section 702 - Project area dissolution.

Effective 5/10/2016
17C-1-702.
Project area dissolution.
(1) Regardless of when a project area funds collection period ends, the project area remains in existence until:
(a) the agency adopts a resolution dissolving the project area; and
(b) the community legislative body adopts an ordinance dissolving the project area.
(2) The ordinance described in Subsection (1)(b) shall include:
(a) the name of the project area; and
(b) a project area map or boundary description.
(3) Within 30 days after the day on which the community legislative body adopts an ordinance described in Subsection (1)(b), the community legislative body shall:
(a) submit a copy of the ordinance to the county recorder of the county in which the dissolved project area is located; and
(b) mail or electronically submit a copy of the ordinance to the county auditor, the State Tax Commission, the State Board of Education, and each taxing entity that levies or imposes a tax on property within the dissolved project area.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 8 - Hearing and Notice Requirements › Section 802 - Combining hearings.

Effective 5/14/2019
17C-1-802.
Combining hearings.
A board may combine any combination of a development impediment hearing, a plan hearing, and a budget hearing.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 8 - Hearing and Notice Requirements › Section 803 - Continuing a hearing.

Effective 5/14/2019
17C-1-803.
Continuing a hearing.
Subject to Section 17C-1-804, the board may continue:
(1) a development impediment hearing;
(2) a plan hearing;
(3) a budget hearing; or
(4) a combined hearing under Section 17C-1-802.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 8 - Hearing and Notice Requirements › Section 804 - Notice required for continued hearing.

Effective 5/3/2023
17C-1-804.
Notice required for continued hearing.
The board shall give notice of a hearing continued under Section 17C-1-803 by announcing at the hearing:
(1) the date, time, and place the hearing will be resumed; or
(2)
(a) that the hearing is being continued to a later time; and
(b) that the board will cause a notice of the continued hearing to be published for the community, as a class A notice under Section 63G-30-102, for at least seven days before the day on which the hearing is scheduled to resume.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 8 - Hearing and Notice Requirements › Section 805 - Agency to provide notice of hearings.

Effective 5/14/2019
17C-1-805.
Agency to provide notice of hearings.
(1) Each agency shall provide notice, in accordance with this part, of each:
(a) development impediment hearing;
(b) plan hearing; or
(c) budget hearing.
(2) The notice required under Subsection (1) may be combined with the notice required for any of the other hearings if the hearings are combined under Section 17C-1-802.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 8 - Hearing and Notice Requirements › Section 807 - Additional requirements for notice of a development impediment hearing.

Effective 5/14/2019
17C-1-807.
Additional requirements for notice of a development impediment hearing.
Each notice under Section 17C-1-806 for a development impediment hearing shall also include:
(1) a statement that:
(a) a project area is being proposed;
(b) the proposed project area may be determined to have a development impediment;
(c) the record owner of property within the proposed project area has the right to present evidence at the development impediment hearing contesting the existence of a development impediment;
(d) except for a hearing continued under Section 17C-1-803, the agency will notify the record owner of property referred to in Subsection 17C-1-806(1)(b)(i) of each additional public hearing held by the agency concerning the proposed project area before the adoption of the project area plan; and
(e) a person contesting the existence of a development impediment in the proposed project area may appear before the board and show cause why the proposed project area should not be designated as a project area; and
(2) if the agency anticipates acquiring property in an urban renewal project area or a community reinvestment project area by eminent domain, a clear and plain statement that:
(a) the project area plan may require the agency to use eminent domain; and
(b) the proposed use of eminent domain will be discussed at the development impediment hearing.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 8 - Hearing and Notice Requirements › Section 808 - Additional requirements for notice of a plan hearing.

Effective 5/10/2016
17C-1-808.
Additional requirements for notice of a plan hearing.
Each notice under Section 17C-1-806 of a plan hearing shall also include:
(1) a statement that any person objecting to the proposed project area plan or contesting the regularity of any of the proceedings to adopt the proposed project area plan may appear before the board at the hearing to show cause why the proposed project area plan should not be adopted; and
(2) a statement that the proposed project area plan is available for inspection at the agency offices.
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 8 - Hearing and Notice Requirements › Section 809 - Additional requirements for notice of a budget hearing.

Effective 5/10/2016
17C-1-809.
Additional requirements for notice of a budget hearing.
Each notice under Section 17C-1-806 of a budget hearing shall contain:
(1) the following statement:
"The (name of agency) has requested $________ in property tax revenues that will be generated by development within the (name of project area) to fund a portion of project costs within the (name of project area). These property tax revenues will be used for the following: (list major budget categories and amounts). These property taxes will be taxes levied by the following governmental entities, and, assuming current tax rates, the taxes paid to the agency for this project area from each taxing entity will be as follows: (list each taxing entity levying taxes and the amount of total taxes that would be paid from each taxing entity). All of the property taxes to be paid to the agency for the development in the project area are taxes that will be generated only if the project area is developed.
All concerned citizens are invited to attend the project area budget hearing scheduled for (date, time, and place of hearing). A copy of the (name of project area) project area budget is available at the offices of (name of agency and office address)."; and
(2) other information that the agency considers appropriate.
Renumbered and Amended by Chapter 350, 2016 General Session