Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 347 Second Substitute (2020GS)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the definition of "publicly owned infrastructure and improvements" within the Utah Inland Port Authority Act to include energy-related facilities;
• enacts a provision allowing an owner within the authority jurisdictional land to establish a vested development right;
• enacts a severability provision;
• provides that money from legislative appropriations is nonlapsing;
• modifies inland port authority powers and duties, including power to adjust the boundary of the authority jurisdictional land;
• repeals provisions relating to appeals to the inland port authority's appeals panel;
• modifies language relating to the policies and objectives of the inland port authority;
• authorizes the inland port authority to use funds to encourage, incentivize, or require development with reduced environmental impact and to develop and implement zero-emissions logistics;
• eliminates language relating to an agreement for a municipality to provide municipal services;
• modifies language relating to the responsibilities of the executive director;
• modifies the membership of the inland port authority board;
• modifies provisions relating to the inland port authority's receipt and use of property tax differential;
• modifies a provision relating to a renewable energy tariff; and

Every vote on this bill

Bill text

INLAND PORT MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill modifies provisions related to the Utah Inland Port Authority.
Highlighted Provisions:
This bill:
▸ modifies the definition of "publicly owned infrastructure and improvements" within
the Utah Inland Port Authority Act to include energy-related facilities;
▸ enacts a provision allowing an owner within the authority jurisdictional land to
establish a vested development right;
▸ enacts a severability provision;
▸ provides that money from legislative appropriations is nonlapsing;
▸ modifies inland port authority powers and duties, including power to adjust the
boundary of the authority jurisdictional land;
▸ repeals provisions relating to appeals to the inland port authority's appeals panel;
▸ modifies language relating to the policies and objectives of the inland port authority;
▸ authorizes the inland port authority to use funds to encourage, incentivize, or require
development with reduced environmental impact and to develop and implement
zero-emissions logistics;
▸ eliminates language relating to an agreement for a municipality to provide
municipal services;
▸ modifies language relating to the responsibilities of the executive director;
▸ modifies the membership of the inland port authority board;
▸ modifies provisions relating to the inland port authority's receipt and use of property
tax differential;
▸ modifies a provision relating to a renewable energy tariff; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-9a-509.5
, as last amended by Laws of Utah 2019, Chapter 384
10-9a-701
, as last amended by Laws of Utah 2019, Chapter 384
10-9a-708
, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
11-58-102
, as last amended by Laws of Utah 2019, Chapter 399
11-58-202
, as last amended by Laws of Utah 2019, Chapter 399
11-58-203
, as last amended by Laws of Utah 2019, Chapter 399
11-58-205
, as last amended by Laws of Utah 2019, Chapter 399
11-58-301
, as enacted by Laws of Utah 2018, Chapter 179
11-58-302
, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
11-58-303
, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
11-58-305
, as last amended by Laws of Utah 2019, Chapter 399
11-58-505
, as last amended by Laws of Utah 2019, Chapter 399
11-58-601
, as last amended by Laws of Utah 2019, Chapters 376 and 399
11-58-602
, as last amended by Laws of Utah 2019, Chapter 399
54-17-806
, as last amended by Laws of Utah 2019, Chapter 399
63J-1-602.1
, as last amended by Laws of Utah 2019, Chapters 89, 136, 213, 215, 244,
326, 342, and 482
ENACTS:
11-58-103
, Utah Code Annotated 1953
11-58-104
, Utah Code Annotated 1953
11-58-105
, Utah Code Annotated 1953
REPEALS:
11-58-401
, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
11-58-402
, as enacted by Laws of Utah 2018, Chapter 179
11-58-402.5
, as enacted by Laws of Utah 2018, Second Special Session, Chapter 1
11-58-403
, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-509.5
 is amended to read:
10-9a-509.5.
Review for application completeness -- Substantive application
review -- Reasonable diligence required for determination of whether improvements or
warranty work meets standards -- Money damages claim prohibited.
(1) (a) Each municipality shall, in a timely manner, determine whether a land use
application is complete for the purposes of subsequent, substantive land use authority review.
(b) After a reasonable period of time to allow the municipality diligently to evaluate
whether all objective ordinance-based application criteria have been met, if application fees
have been paid, the applicant may in writing request that the municipality provide a written
determination either that the application is:
(i) complete for the purposes of allowing subsequent, substantive land use authority
review; or
(ii) deficient with respect to a specific, objective, ordinance-based application
requirement.
(c) Within 30 days of receipt of an applicant's request under this section, the
municipality shall either:
(i) mail a written notice to the applicant advising that the application is deficient with
respect to a specified, objective, ordinance-based criterion, and stating that the application shall
be supplemented by specific additional information identified in the notice; or
(ii) accept the application as complete for the purposes of further substantive
processing by the land use authority.
(d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
shall be considered complete, for purposes of further substantive land use authority review.
(e) (i) The applicant may raise and resolve in a single appeal any determination made
under this Subsection (1) to the appeal authority, including an allegation that a reasonable
period of time has elapsed under Subsection (1)(a).
(ii) The appeal authority shall issue a written decision for any appeal requested under
this Subsection (1)(e).
(f) (i) The applicant may appeal to district court the decision of the appeal authority
made under Subsection (1)(e).
(ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
the written decision.
(2) (a) Each land use authority shall substantively review a complete application and an
application considered complete under Subsection (1)(d), and shall approve or deny each
application with reasonable diligence[
, subject to the time limit under Subsection
11-58-402.5
(2) for an inland port use application, as defined in Section 
11-58-401
].
(b) After a reasonable period of time to allow the land use authority to consider an
application, the applicant may in writing request that the land use authority take final action
within 45 days from date of service of the written request.
(c) Within 45 days from the date of service of the written request described in
Subsection (2)(b):
(i) except as provided in Subsection (2)(c)(ii), the land use authority shall take final
action, approving or denying the application; and
(ii) if a landowner petitions for a land use regulation, a legislative body shall take final
action by approving or denying the petition.
(d) If the land use authority denies an application processed under the mandates of
Subsection (2)(b), or if the applicant has requested a written decision in the application, the
land use authority shall include its reasons for denial in writing, on the record, which may
include the official minutes of the meeting in which the decision was rendered.
(e) If the land use authority fails to comply with Subsection (2)(c), the applicant may
appeal this failure to district court within 30 days of the date on which the land use authority is
required to take final action under Subsection (2)(c).
(3) (a) With reasonable diligence, each land use authority shall determine whether the
installation of required subdivision improvements or the performance of warranty work meets
the municipality's adopted standards.
(b) (i) An applicant may in writing request the land use authority to accept or reject the
applicant's installation of required subdivision improvements or performance of warranty work.
(ii) The land use authority shall accept or reject subdivision improvements within 15
days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
practicable after that 15-day period if inspection of the subdivision improvements is impeded
by winter weather conditions.
(iii) The land use authority shall accept or reject the performance of warranty work
within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
soon as practicable after that 45-day period if inspection of the warranty work is impeded by
winter weather conditions.
(c) If a land use authority determines that the installation of required subdivision
improvements or the performance of warranty work does not meet the municipality's adopted
standards, the land use authority shall comprehensively and with specificity list the reasons for
the land use authority's determination.
(4) Subject to Section 
10-9a-509
, nothing in this section and no action or inaction of
the land use authority relieves an applicant's duty to comply with all applicable substantive
ordinances and regulations.
(5) There shall be no money damages remedy arising from a claim under this section.
Section 2. Section 
10-9a-701
 is amended to read:
10-9a-701.
Appeal authority required -- Condition precedent to judicial review --
Appeal authority duties.
(1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
or more appeal authorities to hear and decide:
(a) requests for variances from the terms of the land use ordinances;
(b) appeals from decisions applying the land use ordinances; and
(c) appeals from a fee charged in accordance with Section 
10-9a-510
.
(2) As a condition precedent to judicial review, each adversely affected person shall
timely and specifically challenge a land use authority's decision, in accordance with local
ordinance.
(3) An appeal authority:
(a) shall:
(i) act in a quasi-judicial manner; and
(ii) serve as the final arbiter of issues involving the interpretation or application of land
use ordinances[
, except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel,
for an appeal of an inland port use appeal decision, as defined in Section 
11-58-401
]; and
(b) may not entertain an appeal of a matter in which the appeal authority, or any
participating member, had first acted as the land use authority.
(4) By ordinance, a municipality may:
(a) designate a separate appeal authority to hear requests for variances than the appeal
authority it designates to hear appeals;
(b) designate one or more separate appeal authorities to hear distinct types of appeals
of land use authority decisions;
(c) require an adversely affected party to present to an appeal authority every theory of
relief that it can raise in district court;
(d) not require an adversely affected party to pursue duplicate or successive appeals
before the same or separate appeal authorities as a condition of the adversely affected party's
duty to exhaust administrative remedies; and
(e) provide that specified types of land use decisions may be appealed directly to the
district court.
(5) If the municipality establishes or, prior to the effective date of this chapter, has
established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
board, body, or panel shall:
(a) notify each of its members of any meeting or hearing of the board, body, or panel;
(b) provide each of its members with the same information and access to municipal
resources as any other member;
(c) convene only if a quorum of its members is present; and
(d) act only upon the vote of a majority of its convened members. 
Section 3. Section 
10-9a-708
 is amended to read:
10-9a-708.
Final decision.
(1) A decision of an appeal authority takes effect on the date when the appeal authority
issues a written decision, or as otherwise provided by ordinance.
(2) A written decision, or other event as provided by ordinance, constitutes a final
decision under Subsection 
10-9a-801
(2)(a) or a final action under Subsection 
10-9a-801
(4)[
,
except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel, for an appeal of
an inland port use appeal decision, as defined in Section 
11-58-401
].
Section 4. Section 
11-58-102
 is amended to read:
11-58-102.
Definitions.
As used in this chapter:
(1) "Authority" means the Utah Inland Port Authority, created in Section 
11-58-201
.
(2) "Authority jurisdictional land" means land within the authority boundary
delineated
:
(a)
 in the electronic shapefile that[
: (a)
] is the electronic component of H.B. 2001, Utah
Inland Port Authority Amendments, 2018 Second Special Session; and
(b) [
may be accessed via the Utah Legislature's website
] 
beginning April 1, 2020, as
provided in Subsection 
11-58-202
(3)
.
(3) "Base taxable value" means:
(a) (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the
authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year
2018; and
(ii) for an area described in Subsection 
11-58-601
[
(1)(c)
]
(5)
, the taxable value of that
area in calendar year 2017; or
(b) for a project area that consists of land outside the authority jurisdictional land, the
taxable value of property within any portion of a project area, as designated by board
resolution, from which the property tax differential will be collected, as shown upon the
assessment roll last equalized before the year in which the authority adopts a project area plan
for that area.
(4) "Board" means the authority's governing body, created in Section 
11-58-301
.
(5) "Business plan" means a plan designed to facilitate, encourage, and bring about
development of the authority jurisdictional land to achieve the goals and objectives described
in Subsection 
11-58-203
(1), including the development and establishment of an inland port.
(6) "Development" means:
(a) the demolition, construction, reconstruction, modification, expansion, or
improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
recreational amenity, or other facility, including publicly owned infrastructure and
improvements; and
(b) the planning of, arranging for, or participation in any of the activities listed in
Subsection (6)(a).
(7) "Development project" means a project for the development of land within a
project area.
(8) "Inland port" means one or more sites that:
(a) contain multimodal transportation assets and other facilities that:
(i) are related but may be separately owned and managed; and
(ii) together are intended to:
(A) allow global trade to be processed and altered by value-added services as goods
move through the supply chain;
(B) provide a regional merging point for transportation modes for the distribution of
goods to and from ports and other locations in other regions;
(C) provide cargo-handling services to allow freight consolidation and distribution,
temporary storage, customs clearance, and connection between transport modes; and
(D) provide international logistics and distribution services, including freight
forwarding, customs brokerage, integrated logistics, and information systems; and
(b) may include a satellite customs clearance terminal, an intermodal facility, a
customs pre-clearance for international trade, or other facilities that facilitate, encourage, and
enhance regional, national, and international trade.
(9) "Inland port use" means a use of land:
(a) for an inland port;
(b) that directly implements or furthers the purposes of an inland port, as stated in
Subsection (8);
(c) that complements or supports the purposes of an inland port, as stated in Subsection
(8); or
(d) that depends upon the presence of the inland port for the viability of the use.
(10) "Intermodal facility" means a hub or other facility for trade combining any
combination of rail, trucking, air cargo, and other transportation services.
(11) "Nonvoting member" means an individual appointed as a member of the board
under Subsection 
11-58-302
(6) who does not have the power to vote on matters of authority
business.
(12) "Project area" means:
(a) the authority jurisdictional land; or
(b) land outside the authority jurisdictional land, whether consisting of a single
contiguous area or multiple noncontiguous areas, described in a project area plan or draft
project area plan, where the development project set forth in the project area plan or draft
project area plan takes place or is proposed to take place.
(13) "Project area budget" means a multiyear projection of annual or cumulative
revenues and expenses and other fiscal matters pertaining to the project area.
(14) "Project area plan" means a written plan that, after its effective date, guides and
controls the development within a project area.
(15) "Property tax" includes a privilege tax and each levy on an ad valorem basis on
tangible or intangible personal or real property.
(16) "Property tax differential":
(a) means the difference between:
(i) the amount of property tax revenues generated each tax year by all taxing entities
from a project area, using the current assessed value of the property; and
(ii) the amount of property tax revenues that would be generated from that same area
using the base taxable value of the property; and
(b) does not include property tax revenue from:
(i) a county additional property tax or multicounty assessing and collecting levy
imposed in accordance with Section 
59-2-1602
;
(ii) a judgment levy imposed by a taxing entity under Section 
59-2-1328
 or 
59-2-1330
;
or
(iii) a levy imposed by a taxing entity under Section 
11-14-310
 to pay for a general
obligation bond.
(17) "Public entity" means:
(a) the state, including each department, division, or other agency of the state; or
(b) a county, city, town, metro township, school district, local district, special service
district, interlocal cooperation entity, community reinvestment agency, or other political
subdivision of the state.
(18) "Publicly owned infrastructure and improvements":
(a) means infrastructure, improvements, facilities, or buildings that:
(i) benefit the public; and
(ii) (A) are owned by a public entity or a utility; or
(B) are publicly maintained or operated by a public entity;
(b) includes:
(i) facilities, lines, or systems that provide:
(A) water, chilled water, or steam; or
(B) sewer, storm drainage, natural gas, electricity, 
energy storage, renewable energy,
microgrids,
 or telecommunications service; and
(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
facilities, and public transportation facilities.
(19) "Shapefile" means the digital vector storage format for storing geometric location
and associated attribute information.
(20) "Taxable value" means the value of property as shown on the last equalized
assessment roll [
as certified by the county assessor
].
(21) "Taxing entity" means a public entity that levies a tax on property within a project
area.
(22) "Voting member" means an individual appointed or designated as a member of the
board under Subsection 
11-58-302
(2).
Section 5. Section 
11-58-103
 is enacted to read:
 11-58-103.
Vested right of landowner.
(1) As used in this section:
(a) "Municipal inland port regulations" means a municipality's land use ordinances and
regulations relating to the use of land within the authority jurisdictional land for an inland port
use.
(b) "Vested development right" means a right:
(i) to use or develop land located within the authority jurisdictional land for an inland
port use in accordance with municipal inland port regulations in effect on December 31, 2018;
and
(ii) that may not be affected by later changes to municipal ordinances or regulations.
(c) "Vested right notice" means a notice that complies with the requirements of
Subsection (3).
(2) An owner of land located within the boundary of the authority jurisdictional land
may establish a vested development right on that land by causing a notice to be recorded in the
office of the recorder of the county in which the land is located.
(3) A notice under Subsection (2) shall:
(a) state that the owner elects to establish a vested development right on the owner's
land to use or develop the land for an inland port use in accordance with municipal inland port
regulations in effect on December 31, 2018;
(b) state that the owner's election is made under Title 11, Chapter 58, Utah Inland Port
Authority Act;
(c) describe the land in a way that complies with applicable requirements for the
recording of an instrument affecting land;
(d) indicate the zoning district in which the land is located, including any overlay
district;
(e) bear the signature of each owner of the land;
(f) be accompanied by the applicable recording fee; and
(g) include the following acknowledgment:
"I/we acknowledge that:
• the land identified in this notice is situated within the authority jurisdictional land of
the Utah Inland Port Authority, established under Utah Code Title 11, Chapter 58, Utah Inland
Port Authority Act, and is eligible for this election of a vested right;
• this vested right allows the land described in this notice to be used or developed in the
manner allowed by applicable land use regulations in effect on December 31, 2018;
• all development activity must comply with those land use regulations;
• the right to use and develop the land described in this notice in accordance with those
land use regulations continues for 40 years from the date this notice is recorded, unless a land
use application is submitted to the applicable land use authority that proposes a use or
development activity that is not allowed under the land use regulations in effect on December
31, 2018, or all record owners of the land record a rescission of the election of a vested
development right for this land.".
(4) (a) An owner of land against which a vested right notice is recorded has a vested
development right with respect to that land for 40 years from the date the vested right notice is
recorded, or, if earlier, until the vested development right is rescinded by the recording of a
rescission of the election of the vested development right signed by all record owners of the
land.
(b) A vested development right may not be affected by changes to municipal
ordinances or regulations that occur after a vested right notice is recorded.
(5) Within 10 days after the recording of a vested right notice under this section, the
owner of the land shall provide a copy of the vested right notice, with recording information, to
the applicable local land use authority.
(6) A vested development right may not be affected by an action under Subsection
17-27a-508
(1)(a)(ii)(A) or (B) or Subsection 
10-9a-509
(1)(a)(ii)(A) or (B).
Section 6. Section 
11-58-104
 is enacted to read:
 11-58-104.
Severability.
If a court determines that any provision of this chapter, or the application of any
provision of this chapter, is invalid, the remainder of this chapter shall be given effect without
the invalid provision or application.
Section 7. Section 
11-58-105
 is enacted to read:
 11-58-105.
Nonlapsing funds.
Money the authority receives from legislative appropriations is nonlapsing.
Section 8. Section 
11-58-202
 is amended to read:
11-58-202.
Port 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 the authority jurisdictional
land and land in other authority project areas, including the development of publicly owned
infrastructure and improvements and other infrastructure and improvements on or related to the
authority jurisdictional land;
(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 publicly owned 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) enter into an agreement with a taxing entity to share property tax differential for
services that the taxing entity provides within the authority jurisdictional land;
]
[
(r)
] 
(q)
 work with other political subdivisions and neighboring property owners and
communities to mitigate potential negative impacts from the development of authority
jurisdictional land;
[
(s)
] 
(r)
 own and operate an intermodal facility if the authority considers the authority's
ownership and operation of an intermodal facility to be necessary or desirable;
[
(t)
] 
(s)
 own and operate publicly owned infrastructure and improvements in a project
area outside the authority jurisdictional land; and
[
(u)
] 
(t)
 exercise powers and perform functions that the authority is authorized by
statute to exercise or perform.
(3) 
(a)
 Beginning [
January
] 
April
 1, 2020, the authority shall:
[
(a)
] 
(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
[
(b)
] 
(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) An intermodal facility owned by the authority is subject to a privilege tax under
Title 59, Chapter 4, Privilege Tax.
Section 9. Section 
11-58-203
 is amended to read:
11-58-203.
Policies and objectives of the port authority -- Additional duties of the
port authority.
(1) The policies and objectives of the authority are to:
(a) maximize long-term economic benefits to the area, the region, and the state;
(b) maximize the creation of high-quality jobs;
(c) respect and maintain sensitivity to the unique natural environment of areas in
proximity to the authority jurisdictional land and land in other authority project areas;
(d) improve air quality and minimize resource use;
(e) respect existing land use and other agreements and arrangements between property
owners within the authority jurisdictional land and within other authority project areas and
applicable governmental authorities;
(f) promote and encourage development and uses that are compatible with or
complement uses in areas in proximity to the authority jurisdictional land or land in other
authority project areas;
(g) take advantage of the authority jurisdictional land's strategic location and other
features, including the proximity to transportation and other infrastructure and facilities, that
make the authority jurisdictional land attractive to:
(i) businesses that engage in regional, national, or international trade; and
(ii) businesses that complement businesses engaged in regional, national, or
international trade;
(h) facilitate the transportation of goods;
(i) coordinate trade-related opportunities to export Utah products nationally and
internationally;
(j) support and promote land uses on the authority jurisdictional land and land in other
authority project areas that generate economic development, including rural economic
development;
(k) establish a project of regional significance;
(l) facilitate an intermodal facility;
(m) support uses of the authority jurisdictional land for inland port uses, including
warehousing, light manufacturing, and distribution facilities;
(n) facilitate an increase in trade in the region and in global commerce;
(o) promote the development of facilities that help connect local businesses to potential
foreign markets for exporting or that increase foreign direct investment; [
and
]
(p) encourage all class 5 though 8 designated truck traffic entering the authority
jurisdictional land to meet the heavy-duty highway compression-ignition diesel engine and
urban bus exhaust emission standards for year 2007 and later[
.
]
; and
(q) encourage the development and use of cost-efficient renewable energy in project
areas.
(2) In fulfilling its duties and responsibilities relating to the development of the
authority jurisdictional land and land in other authority project areas and to achieve and
implement the development policies and objectives under Subsection (1), the authority shall:
(a) work to identify funding sources, including federal, state, and local government
funding and private funding, for capital improvement projects in and around the authority
jurisdictional land and land in other authority project areas and for an inland port;
(b) review and identify land use and zoning policies and practices to recommend to
municipal land use policymakers and administrators that are consistent with and will help to
achieve:
(i) the policies and objectives stated in Subsection (1); and
(ii) the mutual goals of the state and local governments that have authority
jurisdictional land with their boundaries with respect to the authority jurisdictional land; [
and
]
(c) consult and coordinate with other applicable governmental entities to improve and
enhance transportation and other infrastructure and facilities in order to maximize the potential
of the authority jurisdictional land to attract, retain, and service users who will help maximize
the long-term economic benefit to the state[
.
]
; and
(d) pursue policies that the board determines are designed to avoid or minimize
negative environmental impacts of development.
(3) (a) The authority may use property tax differential and other authority money to
encourage, incentivize, or require development that:
(i) mitigates noise, air pollution, light pollution, surface and groundwater pollution,
and other negative environmental impacts;
(ii) mitigates traffic congestion; or
(iii) uses high efficiency building construction and operation.
(b) (i) In consultation with the municipality in which development is expected to occur,
the authority shall establish minimum mitigation and environmental standards that a landowner
is required to meet to qualify for the use of property tax differential in the landowner's
development.
(ii) The authority may not use property tax differential for a landowner's development
in a project area unless the minimum mitigation and environmental standards are followed with
respect to that landowner's development.
(c) The authority may develop and implement world-class, state-of-the-art,
zero-emissions logistics that support continued growth of the state's economy in order to:
(i) promote the state as the global center of efficient and sustainable supply chain
logistics;
(ii) facilitate the efficient movement of goods on roads and rails and through the air;
(iii) benefit the commercial viability of developers, landowners, and tenants and users;
and
(iv) attract capital and expertise in pursuit of the next generation of logistics solutions.
Section 10. Section 
11-58-205
 is amended to read:
11-58-205.
Applicability of other law -- Cooperation of state and local
governments -- Municipality to consider board input -- Prohibition relating to natural
resources -- Inland port as permitted or conditional use -- Municipal services --
Disclosure by nonauthority governing body member.
(1) Except as 
otherwise
 provided in [
Part 4, Appeals to Appeals Panel
] 
this chapter
, the
authority does not have and may not exercise any powers relating to the regulation of land uses
on the authority jurisdictional land.
(2) The authority is subject to and governed by Sections 
63E-2-106
, 
63E-2-107
,
63E-2-108
, 
63E-2-109
, 
63E-2-110
, and 
63E-2-111
, but is not otherwise subject to or governed
by Title 63E, Independent Entities Code.
(3) A department, division, or other agency of the state and a political subdivision of
the state shall cooperate with the authority to the fullest extent possible to provide whatever
support, information, or other assistance the board requests that is reasonably necessary to help
the authority fulfill its duties and responsibilities under this chapter.
(4) In making decisions affecting the authority jurisdictional land, the legislative body
of a municipality in which the authority jurisdictional land is located shall consider input from
the authority board.
(5) (a) No later than December 31, 2018, the ordinances of a municipality with
authority jurisdictional land within its boundary shall allow an inland port as a permitted or
conditional use, subject to standards that are:
(i) determined by the municipality; and
(ii) consistent with the policies and objectives stated in Subsection 
11-58-203
(1).
(b) A municipality whose ordinances do not comply with Subsection (5)(a) within the
time prescribed in that subsection shall allow an inland port as a permitted use without regard
to any contrary provision in the municipality's land use ordinances.
(6) The transporting, unloading, loading, transfer, or temporary storage of natural
resources may not be prohibited on the authority jurisdictional land.
(7) (a) [
(i)
] A municipality whose boundary includes authority jurisdictional land shall
provide the same municipal services to the area of the municipality that is within the authority
jurisdictional land as the municipality provides to other areas of the municipality with similar
zoning and a similar development level.
[
(ii)
] 
(b)
 The level and quality of municipal services that a municipality provides
within authority jurisdictional land 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.
[
(b) (i) The board shall negotiate and enter into an agreement with a municipality
providing municipal services, as described in Subsection (7)(a), with respect to the appropriate
amount of property tax differential the authority should share with the municipality to cover the
cost of providing those municipal services.
]
[
(ii) Under an agreement described in Subsection (7)(b)(i), the board and municipality
shall establish a method of determining the amount of property tax differential the authority
shares over time with a municipality to cover the cost of providing municipal services, taking
into account:
]
[
(A) the cost of those services as documented in the audited financial statements under
Subsection (7)(c); and
]
[
(B) the variable level of need for those services within the authority jurisdictional land
depending on the level, amount, and location of development and other relevant factors.
]
[
(c) A municipality providing municipal services, as described in Subsection (7)(a),
shall, as requested by the board, provide the board audited financial statements documenting
the cost of the municipal services the municipality provides within the authority jurisdictional
land.
]
[
(8) (a) The board shall negotiate and enter into an agreement with a municipality or
other taxing entity in which the authority jurisdictional land is located to share some of the
increase in property tax differential that occurs over time as development occurs and the
amount of property tax revenue increases.
]
[
(b) In an agreement described in Subsection (8)(a), the board and municipality or
other taxing entity shall establish a method of determining the amount of property tax
differential the authority shares over time to allow the municipality or other taxing entity to
share in the benefit from increasing property tax revenue.
]
[
(9) The board may consult with other taxing entities, in addition to a municipality
under Subsection (7), for the purpose of receiving input from those taxing entities on the
appropriate allocation of property tax differential, considering the needs of the authority and
the needs of the other taxing entities.
]
[
(10) (a) The board shall review and reassess the amount of property tax differential the
authority retains and the amount the authority shares with other taxing entities so that the
authority retains property tax differential it reasonably needs to meet its responsibilities and
purposes and adjusts the amount the authority shares with other taxing entities accordingly.
]
[
(b) The board shall meet with taxing entities to review and reassess, as provided in
Subsection (10)(a):
]
[
(i) before December 31, 2020; and
]
[
(ii) at least every other year after 2020.
]
[
(11)
] 
(8)
 (a) As used in this Subsection [
(11)
] 
(8)
:
(i) "Direct financial benefit" means the same as that term is defined in Section
11-58-304
.
(ii) "Nonauthority governing body member" means a member of the board or other
body that has authority to make decisions for a nonauthority government owner.
(iii) "Nonauthority government owner" mean a state agency or nonauthority local
government entity that owns land that is part of the authority jurisdictional land.
(iv) "Nonauthority local government entity":
(A) means a county, city, town, metro township, local district, special service district,
community reinvestment agency, or other political subdivision of the state; and
(B) excludes the authority.
(v) "State agency" means a department, division, or other agency or instrumentality of
the state, including an independent state agency.
(b) A nonauthority governing body member who owns or has a financial interest in
land that is part of the authority jurisdictional land or who reasonably expects to receive a
direct financial benefit from development of authority jurisdictional land shall submit a written
disclosure to the authority board and the nonauthority government owner.
(c) A written disclosure under Subsection [
(11)
] 
(8)
(b) shall describe, as applicable:
(i) the nonauthority governing body member's ownership or financial interest in
property that is part of the authority jurisdictional land; and
(ii) the direct financial benefit the nonauthority governing body member expects to
receive from development of authority jurisdictional land.
(d) A nonauthority governing body member required under Subsection [
(11)
] 
(8)
(b) to
submit a written disclosure shall submit the disclosure no later than 30 days after:
(i) the nonauthority governing body member:
(A) acquires an ownership or financial interest in property that is part of the authority
jurisdictional land; or
(B) first knows that the nonauthority governing body member expects to receive a
direct financial benefit from the development of authority jurisdictional land; or
(ii) the effective date of this Subsection [
(11)
] 
(8)
, if that date is later than the period
described in Subsection [
(11)
] 
(8)
(d)(i).
(e) A written disclosure submitted under this Subsection [
(11)
] 
(8)
 is a public record.
Section 11. Section 
11-58-301
 is amended to read:
11-58-301.
Port authority board -- Delegation of power.
(1) The authority shall be governed by a board which shall manage and conduct the
business and affairs of the authority and shall determine all questions of authority policy.
(2) All powers of the authority are exercised through the board 
or, as provided in
Section 
11-58-305
, the executive director
.
(3) The board may by resolution delegate powers to authority staff.
Section 12. Section 
11-58-302
 is amended to read:
11-58-302.
Number of board members -- Appointment -- Vacancies.
(1) The authority's board shall consist of 11 members, as provided in Subsection (2).
(2) (a) The governor shall appoint two board members[
,
]
:
(i)
 one of whom shall be [
an employee or officer of the Governor's Office of Economic
Development, created in Section 
63N-1-201
] 
an individual engaged in statewide economic
development or corporate recruitment and retention; and
(ii) one of whom shall be an individual engaged in statewide trade, import and export
activities, or foreign direct investment
.
(b) The president of the Senate shall appoint one board member.
(c) The speaker of the House of Representatives shall appoint one board member.
(d) The 
mayor of
 Salt Lake County [
mayor shall appoint one
]
, or the mayor's designee,
shall serve as a
 board member.
(e) The chair of the Permanent Community Impact Fund Board, created in Section
35A-8-304
, shall appoint one board member from among the members of the Permanent
Community Impact Fund Board.
(f) The [
chair of the
] 
mayor of
 Salt Lake [
Airport Advisory Board, or the chair's
] 
City,
or the mayor's
 designee, shall serve as a board member.
(g) [
The
] 
A
 member of the Salt Lake City council [
who is elected by district and whose
district includes the Salt Lake City Airport
]
, selected by the Salt Lake City council,
 shall serve
as a board member.
(h) The city manager of West Valley City, with the consent of the city council of West
Valley City, shall appoint one board member.
[
(i) The executive director of the Department of Transportation, appointed under
Section 
72-1-202
, shall serve as a board member.
]
[
(j)
] 
(i)
 The director of the Salt Lake County office of Regional Economic
Development shall serve as a board member.
(j) The mayor of the Magna metro township, or the mayor's designee, shall serve 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,
2018.
(4) (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) A person appointed to fill a vacancy shall serve the remaining unexpired term of
the member whose vacancy the person is filling.
(5) A member of the board appointed by the governor, president of the Senate, or
speaker of the House of Representatives serves at the pleasure of and may be removed and
replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
of the House of Representatives, respectively.
(6) The authority may appoint nonvoting members of the board and set terms for those
nonvoting members.
(7) Upon a vote of a majority of all board members, the board may appoint a board
chair and any other officer of the board.
(8) (a) An individual designated as a board member under Subsection (2)(g), (i), or (j)
who would be precluded from serving as a board member because of Subsection 
11-58-304
(2):
(i) may serve as a board member notwithstanding Subsection 
11-58-304
(2); and
(ii) shall disclose in writing to the board the circumstances that would otherwise have
precluded the individual from serving as a board member under Subsection 
11-58-304
(2).
(b) A written disclosure under Subsection (8)(a)(ii) is a public record under Title 63G,
Chapter 2, Government Records Access and Management Act.
(9) The board may appoint one or more advisory committees that may include
individuals from impacted public entities, community organizations, environmental
organizations, business organizations, or other organizations or associations.
Section 13. Section 
11-58-303
 is amended to read:
11-58-303.
Term of board members -- Quorum -- Compensation.
(1) The term of a board member appointed under Subsection 
11-58-302
(2)(a), (b), (c),
[
(d), or
] 
(e), (g), or
 (h) is four years, except that the initial term of one of the two members
appointed under Subsection 
11-58-302
(2)(a) and of the members appointed under Subsections
11-58-302
(2)[
(d)
]
(e)
 and [
(h)
] 
(g)
 is two years.
(2) Each board member shall serve until a successor is duly appointed and qualified.
(3) A board member may serve multiple terms if duly appointed to serve each term
under Subsection 
11-58-302
(2).
(4) A majority of board members constitutes a quorum, and the action of a majority of
a quorum constitutes action of the board.
(5) (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 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.
Section 14. Section 
11-58-305
 is amended to read:
11-58-305.
Executive director.
(1) On or before July 1, 2019, the board shall hire a full-time executive director
.
 [
to
]
(2) (a) The executive director is the chief executive officer of the authority.
(b) The role of the executive director is to:
(i)
 manage and oversee the day-to-day operations of the authority
;
(ii) fulfill the executive and administrative duties and responsibilities of the authority;
and [
to
]
(iii)
 perform other functions, as directed by the board.
[
(2)
] 
(3)
 The executive director shall have the education, experience, and training
necessary to perform the executive director's duties in a way that maximizes the potential for
successfully achieving and implementing the strategies, policies, and objectives stated in
Subsection 
11-58-203
(1).
[
(3)
] 
(4)
 An executive director is an at-will employee who serves at the pleasure of the
board and may be removed by the board at any time.
[
(4)
] 
(5)
 The board shall establish the duties, compensation, and benefits of an
executive director.
Section 15. Section 
11-58-505
 is amended to read:
11-58-505.
Project area budget.
(1) Before the authority may use the property tax differential from a project area, the
board shall prepare and adopt a project area budget.
(2) A project area budget shall include:
(a) the base taxable value of property in the project area;
(b) the projected property tax differential expected to be generated within the project
area;
[
(c) the amount of the property tax differential expected to be shared with other taxing
entities;
]
[
(d)
] 
(c)
 the amount of the property tax differential expected to be used to implement
the project area plan, including the estimated amount of the property tax differential to be used
for land acquisition, public improvements, infrastructure improvements, and loans, grants, or
other incentives to private and public entities;
[
(e)
] 
(d)
 the property tax differential expected to be used to cover the cost of
administering the project area plan; and
[
(f)
] 
(e)
 for property that the authority owns or leases and expects to sell or sublease,
the expected total cost of the property to the authority and the expected selling price or lease
payments.
(3) The board may amend an adopted project area budget as and when the board
considers it appropriate.
(4) For a project area that consists of the authority jurisdictional land, the budget
requirements of this part are met by the authority complying with the budget requirements of
Part 8, Port Authority Budget, Reporting, and Audits.
Section 16. Section 
11-58-601
 is amended to read:
11-58-601.
Port authority receipt and use of property tax differential --
Distribution of property tax differential.
[
(1) (a) The authority:
]
[
(i) subject to Subsections (1)(b), (c), and (d):
]
[
(A) shall be paid 100% of the property tax differential, as provided in Subsection (3),
for a period of 25 years after a certificate of occupancy is issued with respect to improvements
on a parcel, as determined by the board and as provided in this part; and
]
[
(B) may be paid up to 100% of the property tax differential, as provided in Subsection
(3), for a period of 15 additional years beyond the period stated in Subsection (1)(a)(i)(A) if the
board determines that the additional years of property tax differential will produce a significant
benefit; and
]
[
(ii) may use the property tax differential before, during, and after the period described
in Subsection (1)(a)(i).
]
[
(b) With respect to a parcel located within a project area, the period described in
Subsection (1)(a)(i) begins on the day on which the authority receives the first property tax
differential from that parcel.
]
(1) As used in this section:
(a) "Designation resolution" means a resolution adopted by the board that designates a
transition date for the parcel specified in the resolution.
(b) "Post-designation differential" means 75% of property tax differential generated
from a post-designation parcel.
(c) "Post-designation parcel" means a parcel within a project area after the transition
date for that parcel.
(d) "Pre-designation differential" means 75% of property tax differential generated
from all pre-designation parcels within a project area.
(e) "Pre-designation parcel" means a parcel within a project area before the transition
date for that parcel.
(f) "Transition date" means the date after which the authority is to be paid
post-designation differential for the parcel that is the subject of a designation resolution.
(2) (a) The authority shall be paid pre-designation differential generated within the
authority jurisdictional land:
(i) for the period beginning November 2019 and ending November 2044; and
(ii) for a period of 15 years following the period described in Subsection (2)(a)(i) if,
before the end of the period described in Subsection (2)(a)(i), the board adopts a resolution
extending the period described in Subsection (2)(a)(i) for 15 years.
(b) The authority shall be paid pre-designation differential generated within a project
area, other than the authority jurisdictional land:
(i) for a period of 25 years beginning the date the board adopts a project area plan
under Section 
11-58-502
 establishing the project area; and
(ii) for a period of 15 years following the period described in Subsection (2)(b)(i) if,
before the end of the period described in Subsection (2)(b)(i), the board adopts a resolution
extending the period described in Subsection (2)(b)(i) for 15 years.
(3) The authority shall be paid post-designation differential generated from a
post-designation parcel:
(a) for a period of 25 years beginning on the transition date for that parcel; and
(b) for a period of an additional 15 years beyond the period stated in Subsection (3)(a)
if the board determines by resolution that the additional years of post-designation differential
from that parcel will produce a significant benefit.
(4) (a) For purposes of this section, the authority may designate an improved portion of
a parcel in a project area as a separate parcel.
(b) An authority designation of an improved portion of a parcel as a separate parcel
under Subsection (4)(a) does not constitute a subdivision, as defined in Section 
10-9a-103
 or
Section 
17-27a-103
.
(c) A county recorder shall assign a separate tax identification number to the improved
portion of a parcel designated by the authority as a separate parcel under Subsection (4)(a).
[
(c)
] 
(5)
 The authority may not receive [
property tax differential from
]:
[
(i)
] 
(a) a taxing entity's portion of property tax differential generated from
 an area
included within a community reinvestment project area under a community reinvestment
project area plan, as defined in Section 
17C-1-102
, adopted before October 1, 2018, [
from a
] 
if
the
 taxing entity [
that
] has, before October 1, 2018, entered into a fully executed, legally
binding agreement under which the taxing entity agrees to the use of its tax increment, as
defined in Section 
17C-1-102
, under the community reinvestment project area plan; or
[
(ii)
] 
(b) property tax differential from
 a parcel of land
:
(i) that was substantially developed before December 1, 2018;
(ii)
 for which a certificate of occupancy was issued before December 1, 2018[
.
]
; and
(iii) that is identified in a list that the municipality in which the land is located provides
to the authority and the county assessor by April 1, 2020.
[
(d) (i)
] 
(6) (a)
 As used in this Subsection [
(1)(d)
] 
(6)
:
[
(A)
] 
(i)
 "Agency land" means authority jurisdictional land that is within the boundary
of an eligible community reinvestment agency and from which the authority is paid property
tax differential.
(ii) "Applicable differential" means the amount of property tax differential paid to the
authority that is generated from agency land.
[
(B)
] 
(iii)
 "Eligible community reinvestment agency" means the community
reinvestment agency in which agency land is located.
[
(ii)
] 
(b)
 The authority shall pay 10% of [
the property tax differential generated from
agency land
] 
applicable differential
 to the eligible community reinvestment agency, to be used
for affordable housing as provided in Section 
17C-1-412
.
[
(2)
] 
(7) (a)
 [
A
] 
Subject to Subsection (7)(b), a
 county that collects property tax on
property within a project area shall pay and distribute to the authority the property tax
differential that the authority is entitled to collect under this [
title
] 
chapter
, in the manner and at
the time provided in Section 
59-2-1365
.
(b) For property tax differential that a county collects for tax year 2019, a county shall
pay and distribute to the authority, on or before June 30, 2020, the property tax differential that
the authority is entitled to collect:
(i) according to the provisions of this section; and
(ii) based on the boundary of the authority jurisdictional land as of May 31, 2020.
[
(3) Until the end of the period described in Subsection (1)(a)(i), the county shall pay
to the authority all property tax differential collected from a parcel within a project area,
beginning:
]
[
(a) for a parcel that is part of the authority jurisdictional land, November 2019; and
]
[
(b) for a parcel in any other project area, November of the year following the year that
forms the basis of the base taxable value calculation.
]
Section 17. Section 
11-58-602
 is amended to read:
11-58-602.
Allowable uses of property tax differential and other funds.
(1) The authority may use the property tax differential, money the authority receives
from the state, money the authority receives under Subsection 
59-12-205
(2)(b)(iii), and other
funds available to the authority:
(a) for any purpose authorized under this chapter;
(b) [
subject to Subsection (4),
] for administrative, overhead, legal, consulting, and
other operating expenses of the authority;
(c) to pay for, including financing or refinancing, all or part of the development of land
within a project area, including assisting the ongoing operation of a development or facility
within the project area;
(d) to pay the cost of the installation and construction of publicly owned infrastructure
and improvements within the project area from which the property tax differential funds were
collected;
(e) to pay the cost of the installation of publicly owned infrastructure and
improvements outside a project area if the board determines by resolution that the
infrastructure and improvements are of benefit to the project area;
[
(f) to pay for municipal services that a municipality provides within the authority
jurisdictional land;
]
[
(g) to pay for other services that a taxing entity provides within the authority
jurisdictional land;
]
[
(h) to share growth in the amount of property tax differential over time with other
taxing entities;
]
[
(i)
] 
(f)
 to pay to a community reinvestment agency for affordable housing, as provided
in Subsection 
11-58-601
[
(1)(d)
]
(6)
; and
[
(j)
] 
(g)
 to pay the principal and interest on bonds issued by the authority.
(2) The authority may use revenue generated from the operation of publicly owned
infrastructure operated by the authority or improvements, including an intermodal facility,
operated by the authority to:
(a) operate and maintain the infrastructure or improvements; and
(b) pay for authority operating expenses, including administrative, overhead, and legal
expenses.
(3) The determination of the board under Subsection (1)(e) regarding benefit to the
project area is final.
[
(4) The authority may not use more than 5% of property tax differential revenue
collected during the period described in Subsection 
11-58-601
(1)(a)(i) to pay for authority
operating expenses, including:
]
[
(a) administrative and overhead expenses; and
]
[
(b) legal expenses, except legal fees and expenses with respect to potential or pending
litigation involving the authority.
]
[
(5)
] 
(4)
 The authority may not use property tax differential revenue collected from one
project area for a development project within another project area.
[
(6)
] 
(5)
 Until the authority adopts a business plan under Subsection 
11-58-202
(1)(a),
the authority may not spend property tax differential revenue collected from authority
jurisdictional land.
[
(7)
] 
(6)
 (a) As used in this Subsection [
(7)
] 
(6)
:
(i) "Authority sales and use tax revenue" means money distributed to the authority
under Subsection 
59-12-205
(2)(b)(iii).
(ii) "Eligible county" means a county that would be entitled to receive sales and use tax
revenue under Subsection 
59-12-205
(2)(b)(i) in the absence of Subsection 
59-12-205
(2)(b)(iii).
(iii) "Eligible municipality" means a municipality that would be entitled to receive
sales and use tax revenue under Subsection 
59-12-205
(2)(b)(i) in the absence of Subsection
59-12-205
(2)(b)(iii).
(iv) "Point of sale portion" means:
(A) for an eligible county, the amount of sales and use tax revenue the eligible county
would have received under Subsection 
59-12-205
(2)(b)(i) in the absence of Subsection
59-12-205
(2)(b)(iii), excluding the retail sales portion; and
(B) for an eligible municipality, the amount of sales and use tax revenue the eligible
municipality would have received under Subsection 
59-12-205
(2)(b)(i) in the absence of
Subsection 
59-12-205
(2)(b)(iii), excluding the retail sales portion.
(v) "Retail sales portion" means the amount of sales and use tax revenue collected
under Subsection 
59-12-205
(2)(b)(i) from retail sales transactions that occur on authority
jurisdictional land.
(b) Within 45 days after receiving authority sales and use tax revenue, the authority
shall:
(i) distribute half of the point of sale portion to each eligible county and eligible
municipality; and
(ii) distribute all of the retail sales portion to each eligible county and eligible
municipality.
Section 18. Section 
54-17-806
 is amended to read:
54-17-806.
Qualified utility renewable energy tariff.
(1) The commission may authorize a qualified utility to implement a renewable energy
tariff in accordance with this section if the commission determines the tariff that the qualified
utility proposes is reasonable and in the public interest.
(2) The commission may authorize a tariff under Subsection (1) to apply to:
(a) a qualified utility customer with an aggregated electrical load of at least five
megawatts; or
(b) a combination of qualified utility customers who are separately metered if:
(i) the aggregated electrical load of the qualified utility customers is at least five
megawatts; and
(ii) each of the qualified utility customers [
and the renewable energy source are
] 
is
located within [
authority jurisdictional land
] 
a project area
, as defined in Section 
11-58-102
.
(3) A customer who agrees to take service that is subject to the renewable energy tariff
under this section shall pay:
(a) the customer's normal tariff rate;
(b) an incremental charge in an amount equal to the difference between the cost to the
qualified utility to supply renewable generation to the renewable energy tariff customer and the
qualified utility's avoided costs as defined in Subsection 
54-2-1
(1), or a different methodology
recommended by the qualified utility; and
(c) an administrative fee in an amount approved by the commission.
(4) The commission shall allow a qualified utility to recover the qualified utility's
prudently incurred cost of renewable generation procured pursuant to the tariff established in
this section that is not otherwise recovered from the proceeds of the tariff paid by customers
agreeing to service that is subject to the renewable energy tariff.
Section 19. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section 
11-42a-302
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
[
(6)
] 
(7)
 The "Support for State-Owned Shooting Ranges Restricted Account" created
in Section 
23-14-13.5
.
[
(7)
] 
(8)
 Award money under the State Asset Forfeiture Grant Program, as provided
under Section 
24-4-117
.
[
(8)
] 
(9)
 Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
[
(9)
] 
(10)
 Funds collected from the emergency medical services grant program, as
provided in Section 
26-8a-207
.
[
(10)
] 
(11)
 The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
[
(11)
] 
(12)
 State funds for matching federal funds in the Children's Health Insurance
Program as provided in Section 
26-40-108
.
[
(12)
] 
(13)
 The Children with Heart Disease Support Restricted Account created in
Section 
26-58-102
.
[
(13)
] 
(14)
 The Nurse Home Visiting Restricted Account created in Section 
26-63-601
.
[
(14)
] 
(15)
 The Technology Development Restricted Account created in Section
31A-3-104
.
[
(15)
] 
(16)
 The Criminal Background Check Restricted Account created in Section
31A-3-105
.
[
(16)
] 
(17)
 The Captive Insurance Restricted Account created in Section 
31A-3-304
,
except to the extent that Section 
31A-3-304
 makes the money received under that section free
revenue.
[
(17)
] 
(18)
 The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
[
(18)
] 
(19)
 The Health Insurance Actuarial Review Restricted Account created in
Section 
31A-30-115
.
[
(19)
] 
(20)
 The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
[
(20)
] 
(21)
 The Underage Drinking Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-306
.
[
(21)
] 
(22)
 The School Readiness Restricted Account created in Section 
35A-15-203
.
[
(22)
] 
(23)
 Money received by the Utah State Office of Rehabilitation for the sale of
certain products or services, as provided in Section 
35A-13-202
.
[
(23)
] 
(24)
 The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
[
(24)
] 
(25)
 The Electronic Payment Fee Restricted Account created by Section
41-1a-121
 to the Motor Vehicle Division.
[
(25)
] 
(26)
 The Motor Vehicle Enforcement Division Temporary Permit Restricted
Account created by Section 
41-3-110
 to the State Tax Commission.
[
(26)
] 
(27)
 The Utah Law Enforcement Memorial Support Restricted Account created
in Section 
53-1-120
.
[
(27)
] 
(28)
 The State Disaster Recovery Restricted Account to the Division of
Emergency Management, as provided in Section 
53-2a-603
.
[
(28)
] 
(29)
 The Department of Public Safety Restricted Account to the Department of
Public Safety, as provided in Section 
53-3-106
.
[
(29)
] 
(30)
 The Utah Highway Patrol Aero Bureau Restricted Account created in
Section 
53-8-303
.
[
(30)
] 
(31)
 The DNA Specimen Restricted Account created in Section 
53-10-407
.
[
(31)
] 
(32)
 The Canine Body Armor Restricted Account created in Section 
53-16-201
.
[
(32)
] 
(33)
 The Technical Colleges Capital Projects Fund created in Section
53B-2a-118
.
[
(33)
] 
(34)
 The Higher Education Capital Projects Fund created in Section
53B-22-202
.
[
(34)
] 
(35)
 A certain portion of money collected for administrative costs under the
School Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
[
(35)
] 
(36)
 The Public Utility Regulatory Restricted Account created in Section
54-5-1.5
, subject to Subsection 
54-5-1.5
(4)(d).
[
(36)
] 
(37)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-3a-105
.
[
(37)
] 
(38)
 Certain fines collected by the Division of Occupational and Professional
Licensing for violation of unlawful or unprofessional conduct that are used for education and
enforcement purposes, as provided in Section 
58-17b-505
.
[
(38)
] 
(39)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-22-104
.
[
(39)
] 
(40)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-55-106
.
[
(40)
] 
(41)
 Funds collected from a surcharge fee to provide certain licensees with
access to an electronic reference library, as provided in Section 
58-56-3.5
.
[
(41)
] 
(42)
 Certain fines collected by the Division of Occupational and Professional
Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
provided in Section 
58-63-103
.
[
(42)
] 
(43)
 The Relative Value Study Restricted Account created in Section 
59-9-105
.
[
(43)
] 
(44)
 The Cigarette Tax Restricted Account created in Section 
59-14-204
.
[
(44)
] 
(45)
 Funds paid to the Division of Real Estate for the cost of a criminal
background check for a mortgage loan license, as provided in Section 
61-2c-202
.
[
(45)
] 
(46)
 Funds paid to the Division of Real Estate for the cost of a criminal
background check for principal broker, associate broker, and sales agent licenses, as provided
in Section 
61-2f-204
.
[
(46)
] 
(47)
 Certain funds donated to the Department of Human Services, as provided in
Section 
62A-1-111
.
[
(47)
] 
(48)
 The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
62A-1-202
.
[
(48)
] 
(49)
 Certain funds donated to the Division of Child and Family Services, as
provided in Section 
62A-4a-110
.
[
(49)
] 
(50)
 The Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
.
[
(50)
] 
(51)
 Funds collected by the Office of Administrative Rules for publishing, as
provided in Section 
63G-3-402
.
[
(51)
] 
(52)
 The Immigration Act Restricted Account created in Section 
63G-12-103
.
[
(52)
] 
(53)
 Money received by the military installation development authority, as
provided in Section 
63H-1-504
.
[
(53)
] 
(54)
 The Computer Aided Dispatch Restricted Account created in Section
63H-7a-303
.
[
(54)
] 
(55)
 The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
[
(55)
] 
(56)
 The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
[
(56)
] 
(57)
 The Employability to Careers Program Restricted Account created in
Section 
63J-4-703
.
[
(57)
] 
(58)
 The Motion Picture Incentive Account created in Section 
63N-8-103
.
[
(58)
] 
(59)
 Certain money payable for expenses of the Pete Suazo Utah Athletic
Commission, as provided under Section 
63N-10-301
.
[
(59)
] 
(60)
 Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
[
(60)
] 
(61)
 Certain forestry and fire control funds utilized by the Division of Forestry,
Fire, and State Lands, as provided in Section 
65A-8-103
.
[
(61)
] 
(62)
 The Transportation of Veterans to Memorials Support Restricted Account
created in Section 
71-14-102
.
[
(62)
] 
(63)
 The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
[
(63)
] 
(64)
 Certain funds received by the Office of the State Engineer for well drilling
fines or bonds, as provided in Section 
73-3-25
.
[
(64)
] 
(65)
 The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
[
(65)
] 
(66)
 Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
[
(66)
] 
(67)
 Fees for certificate of admission created under Section 
78A-9-102
.
[
(67)
] 
(68)
 Funds collected for adoption document access as provided in Sections
78B-6-141
, 
78B-6-144
, and 
78B-6-144.5
.
[
(68)
] 
(69)
 Funds collected for indigent defense as provided in Title 78B, Chapter 22,
Part 4, Utah Indigent Defense Commission.
[
(69)
] 
(70)
 Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
State Park, Jordan River State Park, and Green River State Park, as provided under Section
79-4-403
.
[
(70)
] 
(71)
 Certain funds received by the Division of Parks and Recreation from the
sale or disposal of buffalo, as provided under Section 
79-4-1001
.
Section 20. 
Repealer.
This bill repeals:
Section 
11-58-401
,
Definitions.
Section 
11-58-402
,
Appeals panel.
Section 
11-58-402.5
,
Municipal processing of an inland port use application and
appeal.
Section 
11-58-403
,
Appeals process and standards.
Section 21. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.