Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 140 Third Substitute (2022GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows housing and transit reinvestment zones around light rail and bus rapid transit facilities;
• amends provisions related to the size limitations and number of allowed housing and transit reinvestment zones;
• requires equal participation by all local taxing entities;
• defines the term of each type of housing and transit reinvestment zone;
• amends the membership of the housing and transit reinvestment zone committee;
• requires relevant zoning changes be made before the housing and transit reinvestment zone may be approved by the committee;
• amends provisions related to the efficiency and feasibility analysis of a housing and transit reinvestment zone; and
• makes technical changes.

Every vote on this bill

Bill text

HOUSING AND TRANSIT REINVESTMENT ZONE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Stephen G. Handy
LONG TITLE
General Description:
This bill amends provisions related to housing and transit reinvestment zones.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows housing and transit reinvestment zones around light rail and bus rapid transit
facilities;
▸ amends provisions related to the size limitations and number of allowed housing
and transit reinvestment zones;
▸ requires equal participation by all local taxing entities;
▸ defines the term of each type of housing and transit reinvestment zone;
▸ amends the membership of the housing and transit reinvestment zone committee;
▸ requires relevant zoning changes be made before the housing and transit
reinvestment zone may be approved by the committee;
▸ amends provisions related to the efficiency and feasibility analysis of a housing and
transit reinvestment zone; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
59-2-924
, as last amended by Laws of Utah 2021, Chapters 214 and 388
59-12-103
, as last amended by Laws of Utah 2021, Chapters 367, 387, and 411
63N-3-602
, as enacted by Laws of Utah 2021, Chapter 411
63N-3-603
, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
63N-3-604
, as enacted by Laws of Utah 2021, Chapter 411
63N-3-605
, as enacted by Laws of Utah 2021, Chapter 411
63N-3-607
, as enacted by Laws of Utah 2021, Chapter 411
63N-3-610
, as enacted by Laws of Utah 2021, Chapter 411
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-2-924
 is amended to read:
59-2-924.
Definitions -- Report of valuation of property to county auditor and
commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax
rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the
commission.
(1) As used in this section:
(a) (i) "Ad valorem property tax revenue" means revenue collected in accordance with
this chapter.
(ii) "Ad valorem property tax revenue" does not include:
(A) interest;
(B) penalties;
(C) collections from redemptions; or
(D) revenue received by a taxing entity from personal property that is semiconductor
manufacturing equipment assessed by a county assessor in accordance with Part 3, County
Assessment.
(b) "Adjusted tax increment" means the same as that term is defined in Section
17C-1-102
.
(c) (i) "Aggregate taxable value of all property taxed" means:
(A) the aggregate taxable value of all real property a county assessor assesses in
accordance with Part 3, County Assessment, for the current year;
(B) the aggregate taxable value of all real and personal property the commission
assesses in accordance with Part 2, Assessment of Property, for the current year; and
(C) the aggregate year end taxable value of all personal property a county assessor
assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls
of the taxing entity.
(ii) "Aggregate taxable value of all property taxed" does not include the aggregate year
end taxable value of personal property that is:
(A) semiconductor manufacturing equipment assessed by a county assessor in
accordance with Part 3, County Assessment; and
(B) contained on the prior year's tax rolls of the taxing entity.
(d) "Base taxable value" means:
(i) for an authority created under Section 
11-58-201
, the same as that term is defined in
Section 
11-58-102
;
(ii) for an agency created under Section 
17C-1-201.5
, the same as that term is defined
in Section 
17C-1-102
;
(iii) for an authority created under Section 
63H-1-201
, the same as that term is defined
in Section 
63H-1-102
; [
or
]
(iv) for a host local government, the same as that term is defined in Section
63N-2-502
[
.
]
; or
(v) for a housing and transit reinvestment zone created under Title 63N, Chapter 3, Part
6, Housing and Transit Reinvestment Zone Act, a property's taxable value as shown upon the
assessment roll last equalized during the base year, as that term is defined in Section
63N-3-602
.
(e) "Centrally assessed benchmark value" means an amount equal to the highest year
end taxable value of real and personal property the commission assesses in accordance with
Part 2, Assessment of Property, for a previous calendar year that begins on or after January 1,
2015, adjusted for taxable value attributable to:
(i) an annexation to a taxing entity; or
(ii) an incorrect allocation of taxable value of real or personal property the commission
assesses in accordance with Part 2, Assessment of Property. 
(f) (i) "Centrally assessed new growth" means the greater of:
(A) zero; or
(B) the amount calculated by subtracting the centrally assessed benchmark value
adjusted for prior year end incremental value from the taxable value of real and personal
property the commission assesses in accordance with Part 2, Assessment of Property, for the
current year, adjusted for current year incremental value.
(ii) "Centrally assessed new growth" does not include a change in value as a result of a
change in the method of apportioning the value prescribed by the Legislature, a court, or the
commission in an administrative rule or administrative order.
(g) "Certified tax rate" means a tax rate that will provide the same ad valorem property
tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
(h) "Community reinvestment agency" means the same as that term is defined in
Section 
17C-1-102
.
(i) "Eligible new growth" means the greater of:
(i) zero; or
(ii) the sum of:
(A) locally assessed new growth;
(B) centrally assessed new growth; and
(C) project area new growth or hotel property new growth.
(j) "Host local government" means the same as that term is defined in Section
63N-2-502
.
(k) "Hotel property" means the same as that term is defined in Section 
63N-2-502
.
(l) "Hotel property new growth" means an amount equal to the incremental value that
is no longer provided to a host local government as incremental property tax revenue.
(m) "Incremental property tax revenue" means the same as that term is defined in
Section 
63N-2-502
.
(n) "Incremental value" means:
(i) for an authority created under Section 
11-58-201
, the amount calculated by
multiplying:
(A) the difference between the taxable value and the base taxable value of the property
that is located within a project area and on which property tax differential is collected; and
(B) the number that represents the percentage of the property tax differential that is
paid to the authority;
(ii) for an agency created under Section 
17C-1-201.5
, the amount calculated by
multiplying:
(A) the difference between the taxable value and the base taxable value of the property
located within a project area and on which tax increment is collected; and
(B) the number that represents the adjusted tax increment from that project area that is
paid to the agency;
(iii) for an authority created under Section 
63H-1-201
, the amount calculated by
multiplying:
(A) the difference between the taxable value and the base taxable value of the property
located within a project area and on which property tax allocation is collected; and
(B) the number that represents the percentage of the property tax allocation from that
project area that is paid to the authority; [
or
]
(iv) for a housing and transit reinvestment zone created pursuant to Title 63N, Chapter
3, Part 6, Housing and Transit Reinvestment Zone Act, an amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property
that is located within a housing and transit reinvestment zone and on which tax increment is
collected; and
(B) the number that represents the percentage of the tax increment that is paid to the
housing and transit reinvestment zone; or
[
(iv)
] 
(v)
 for a host local government, an amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the hotel
property on which incremental property tax revenue is collected; and
(B) the number that represents the percentage of the incremental property tax revenue
from that hotel property that is paid to the host local government.
(o) (i) "Locally assessed new growth" means the greater of:
(A) zero; or
(B) the amount calculated by subtracting the year end taxable value of real property the
county assessor assesses in accordance with Part 3, County Assessment, for the previous year,
adjusted for prior year end incremental value from the taxable value of real property the county
assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted
for current year incremental value.
(ii) "Locally assessed new growth" does not include a change in:
(A) value as a result of factoring in accordance with Section 
59-2-704
, reappraisal, or
another adjustment;
(B) assessed value based on whether a property is allowed a residential exemption for a
primary residence under Section 
59-2-103
;
(C) assessed value based on whether a property is assessed under Part 5, Farmland
Assessment Act; or
(D) assessed value based on whether a property is assessed under Part 17, Urban
Farming Assessment Act.
(p) "Project area" means:
(i) for an authority created under Section 
11-58-201
, the same as that term is defined in
Section 
11-58-102
;
(ii) for an agency created under Section 
17C-1-201.5
, the same as that term is defined
in Section 
17C-1-102
; or
(iii) for an authority created under Section 
63H-1-201
, the same as that term is defined
in Section 
63H-1-102
.
(q) "Project area new growth" means:
(i) for an authority created under Section 
11-58-201
, an amount equal to the
incremental value that is no longer provided to an authority as property tax differential;
(ii) for an agency created under Section 
17C-1-201.5
, an amount equal to the
incremental value that is no longer provided to an agency as tax increment; [
or
]
(iii) for an authority created under Section 
63H-1-201
, an amount equal to the
incremental value that is no longer provided to an authority as property tax allocation[
.
]
; or
(iv) for a housing and transit reinvestment zone created under Title 63N, Chapter 3,
Part 6, Housing and Transit Reinvestment Zone Act, an amount equal to the incremental value
that is no longer provided to a housing and transit reinvestment zone as tax increment.
(r) "Project area incremental revenue" means the same as that term is defined in
Section 
17C-1-1001
.
(s) "Property tax allocation" means the same as that term is defined in Section
63H-1-102
.
(t) "Property tax differential" means the same as that term is defined in Section
11-58-102
.
(u) "Qualifying exempt revenue" means revenue received:
(i) for the previous calendar year;
(ii) by a taxing entity;
(iii) from tangible personal property contained on the prior year's tax rolls that is
exempt from property tax under Subsection 
59-2-1115
(2)(b) for a calendar year beginning on
January 1, 2022; and
(iv) on the aggregate 2021 year end taxable value of the tangible personal property that
exceeds $15,300.
(v) "Tax increment" means
:
(A) for a project created under Section 
17C-1-201.5
,
 the same as that term is defined in
Section 
17C-1-102
[
.
]
; or
(B) for a housing and transit reinvestment zone created under Title 63N, Chapter 3,
Part 6, Housing and Transit Reinvestment Zone Act, the same as that term is defined in Section
63N-3-602
.
(2) Before June 1 of each year, the county assessor of each county shall deliver to the
county auditor and the commission the following statements:
(a) a statement containing the aggregate valuation of all taxable real property a county
assessor assesses in accordance with Part 3, County Assessment, for each taxing entity; and
(b) a statement containing the taxable value of all personal property a county assessor
assesses in accordance with Part 3, County Assessment, from the prior year end values.
(3) The county auditor shall, on or before June 8, transmit to the governing body of
each taxing entity:
(a) the statements described in Subsections (2)(a) and (b);
(b) an estimate of the revenue from personal property;
(c) the certified tax rate; and
(d) all forms necessary to submit a tax levy request.
(4) (a) Except as otherwise provided in this section, the certified tax rate shall be
calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the
prior year minus the qualifying exempt revenue by the amount calculated under Subsection
(4)(b).
(b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall
calculate an amount as follows:
(i) calculate for the taxing entity the difference between:
(A) the aggregate taxable value of all property taxed; and
(B) any adjustments for current year incremental value;
(ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount
determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) by the
average of the percentage net change in the value of taxable property for the equalization
period for the three calendar years immediately preceding the current calendar year;
(iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product
of:
(A) the amount calculated under Subsection (4)(b)(ii); and
(B) the percentage of property taxes collected for the five calendar years immediately
preceding the current calendar year; and
(iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount
determined by:
(A) multiplying the percentage of property taxes collected for the five calendar years
immediately preceding the current calendar year by eligible new growth; and
(B) subtracting the amount calculated under Subsection (4)(b)(iv)(A) from the amount
calculated under Subsection (4)(b)(iii).
(5) A certified tax rate for a taxing entity described in this Subsection (5) shall be
calculated as follows:
(a) except as provided in Subsection (5)(b) or (c), for a new taxing entity, the certified
tax rate is zero;
(b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
(i) in a county of the first, second, or third class, the levy imposed for municipal-type
services under Sections 
17-34-1
 and 
17-36-9
; and
(ii) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
purposes and such other levies imposed solely for the municipal-type services identified in
Section 
17-34-1
 and Subsection 
17-36-3
(23);
(c) for a community reinvestment agency that received all or a portion of a taxing
entity's project area incremental revenue in the prior year under Title 17C, Chapter 1, Part 10,
Agency Taxing Authority, the certified tax rate is calculated as described in Subsection (4)
except that the commission shall treat the total revenue transferred to the community
reinvestment agency as ad valorem property tax revenue that the taxing entity budgeted for the
prior year; and
(d) for debt service voted on by the public, the certified tax rate is the actual levy
imposed by that section, except that a certified tax rate for the following levies shall be
calculated in accordance with Section 
59-2-913
 and this section:
(i) a school levy provided for under Section 
53F-8-301
, 
53F-8-302
, or 
53F-8-303
; and
(ii) a levy to pay for the costs of state legislative mandates or judicial or administrative
orders under Section 
59-2-1602
.
(6) (a) A judgment levy imposed under Section 
59-2-1328
 or 
59-2-1330
 may be
imposed at a rate that is sufficient to generate only the revenue required to satisfy one or more
eligible judgments.
(b) The ad valorem property tax revenue generated by a judgment levy described in
Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax
rate.
(7) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
(i) the taxable value of real property:
(A) the county assessor assesses in accordance with Part 3, County Assessment; and
(B) contained on the assessment roll;
(ii) the year end taxable value of personal property:
(A) a county assessor assesses in accordance with Part 3, County Assessment; and
(B) contained on the prior year's assessment roll; and
(iii) the taxable value of real and personal property the commission assesses in
accordance with Part 2, Assessment of Property.
(b) For purposes of Subsection (7)(a), taxable value does not include eligible new
growth.
(8) (a) On or before June 30, a taxing entity shall annually adopt a tentative budget.
(b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall
notify the county auditor of:
(i) the taxing entity's intent to exceed the certified tax rate; and
(ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
(c) The county auditor shall notify property owners of any intent to levy a tax rate that
exceeds the certified tax rate in accordance with Sections 
59-2-919
 and 
59-2-919.1
.
(9) (a) Subject to Subsection (9)(d), the commission shall provide notice, through
electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim
Committee if:
(i) the amount calculated under Subsection (9)(b) is 10% or more of the year end
taxable value of the real and personal property the commission assesses in accordance with
Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental
value; and
(ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end
taxable value of the real and personal property of a taxpayer the commission assesses in
accordance with Part 2, Assessment of Property, for the previous year.
(b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by
subtracting the taxable value of real and personal property the commission assesses in
accordance with Part 2, Assessment of Property, for the current year, adjusted for current year
incremental value, from the year end taxable value of the real and personal property the
commission assesses in accordance with Part 2, Assessment of Property, for the previous year,
adjusted for prior year end incremental value.
(c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by
subtracting the total taxable value of real and personal property of a taxpayer the commission
assesses in accordance with Part 2, Assessment of Property, for the current year, from the total
year end taxable value of the real and personal property of a taxpayer the commission assesses
in accordance with Part 2, Assessment of Property, for the previous year.
(d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet
the requirement under Subsection (9)(a)(ii).
Section 2. Section 
59-12-103
 is amended to read:
59-12-103.
Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
tax revenues.
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or
sales price for amounts paid or charged for the following transactions:
(a) retail sales of tangible personal property made within the state;
(b) amounts paid for:
(i) telecommunications service, other than mobile telecommunications service, that
originates and terminates within the boundaries of this state;
(ii) mobile telecommunications service that originates and terminates within the
boundaries of one state only to the extent permitted by the Mobile Telecommunications
Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
(iii) an ancillary service associated with a:
(A) telecommunications service described in Subsection (1)(b)(i); or
(B) mobile telecommunications service described in Subsection (1)(b)(ii);
(c) sales of the following for commercial use:
(i) gas;
(ii) electricity;
(iii) heat;
(iv) coal;
(v) fuel oil; or
(vi) other fuels;
(d) sales of the following for residential use:
(i) gas;
(ii) electricity;
(iii) heat;
(iv) coal;
(v) fuel oil; or
(vi) other fuels;
(e) sales of prepared food;
(f) except as provided in Section 
59-12-104
, amounts paid or charged as admission or
user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
horseback rides, sports activities, or any other amusement, entertainment, recreation,
exhibition, cultural, or athletic activity;
(g) amounts paid or charged for services for repairs or renovations of tangible personal
property, unless Section 
59-12-104
 provides for an exemption from sales and use tax for:
(i) the tangible personal property; and
(ii) parts used in the repairs or renovations of the tangible personal property described
in Subsection (1)(g)(i), regardless of whether:
(A) any parts are actually used in the repairs or renovations of that tangible personal
property; or
(B) the particular parts used in the repairs or renovations of that tangible personal
property are exempt from a tax under this chapter;
(h) except as provided in Subsection 
59-12-104
(7), amounts paid or charged for
assisted cleaning or washing of tangible personal property;
(i) amounts paid or charged for tourist home, hotel, motel, or trailer court
accommodations and services that are regularly rented for less than 30 consecutive days;
(j) amounts paid or charged for laundry or dry cleaning services;
(k) amounts paid or charged for leases or rentals of tangible personal property if within
this state the tangible personal property is:
(i) stored;
(ii) used; or
(iii) otherwise consumed;
(l) amounts paid or charged for tangible personal property if within this state the
tangible personal property is:
(i) stored;
(ii) used; or
(iii) consumed; and
(m) amounts paid or charged for a sale:
(i) (A) of a product transferred electronically; or
(B) of a repair or renovation of a product transferred electronically; and
(ii) regardless of whether the sale provides:
(A) a right of permanent use of the product; or
(B) a right to use the product that is less than a permanent use, including a right:
(I) for a definite or specified length of time; and
(II) that terminates upon the occurrence of a condition.
(2) (a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax
are imposed on a transaction described in Subsection (1) equal to the sum of:
(i) a state tax imposed on the transaction at a tax rate equal to the sum of:
(A) 4.70% plus the rate specified in Subsection (12)(a); and
(B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
and Use Tax Act, if the location of the transaction as determined under Sections 
59-12-211
through 
59-12-215
 is in a county in which the state imposes the tax under Part 18, Additional
State Sales and Use Tax Act; and
(II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
and Use Tax Act, if the location of the transaction as determined under Sections 
59-12-211
through 
59-12-215
 is in a city, town, or the unincorporated area of a county in which the state
imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
transaction under this chapter other than this part.
(b) Except as provided in Subsection (2)(e) or (f) and subject to Subsection (2)(k), a
state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to
the sum of:
(i) a state tax imposed on the transaction at a tax rate of 2%; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
transaction under this chapter other than this part.
(c) Except as provided in Subsection (2)(e) or (f), a state tax and a local tax are
imposed on amounts paid or charged for food and food ingredients equal to the sum of:
(i) a state tax imposed on the amounts paid or charged for food and food ingredients at
a tax rate of 1.75%; and
(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
amounts paid or charged for food and food ingredients under this chapter other than this part.
(d) Except as provided in Subsection (2)(e) or (f), a state tax is imposed on amounts
paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at
a rate of 4.85%.
(e) (i) For a bundled transaction that is attributable to food and food ingredients and
tangible personal property other than food and food ingredients, a state tax and a local tax is
imposed on the entire bundled transaction equal to the sum of:
(A) a state tax imposed on the entire bundled transaction equal to the sum of:
(I) the tax rate described in Subsection (2)(a)(i)(A); and
(II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
Sales and Use Tax Act, if the location of the transaction as determined under Sections
59-12-211
 through 
59-12-215
 is in a county in which the state imposes the tax under Part 18,
Additional State Sales and Use Tax Act; and
(Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
Sales and Use Tax Act, if the location of the transaction as determined under Sections
59-12-211
 through 
59-12-215
 is in a city, town, or the unincorporated area of a county in which
the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
(B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
described in Subsection (2)(a)(ii).
(ii) If an optional computer software maintenance contract is a bundled transaction that
consists of taxable and nontaxable products that are not separately itemized on an invoice or
similar billing document, the purchase of the optional computer software maintenance contract
is 40% taxable under this chapter and 60% nontaxable under this chapter.
(iii) Subject to Subsection (2)(e)(iv), for a bundled transaction other than a bundled
transaction described in Subsection (2)(e)(i) or (ii):
(A) if the sales price of the bundled transaction is attributable to tangible personal
property, a product, or a service that is subject to taxation under this chapter and tangible
personal property, a product, or service that is not subject to taxation under this chapter, the
entire bundled transaction is subject to taxation under this chapter unless:
(I) the seller is able to identify by reasonable and verifiable standards the tangible
personal property, product, or service that is not subject to taxation under this chapter from the
books and records the seller keeps in the seller's regular course of business; or
(II) state or federal law provides otherwise; or
(B) if the sales price of a bundled transaction is attributable to two or more items of
tangible personal property, products, or services that are subject to taxation under this chapter
at different rates, the entire bundled transaction is subject to taxation under this chapter at the
higher tax rate unless:
(I) the seller is able to identify by reasonable and verifiable standards the tangible
personal property, product, or service that is subject to taxation under this chapter at the lower
tax rate from the books and records the seller keeps in the seller's regular course of business; or
(II) state or federal law provides otherwise.
(iv) For purposes of Subsection (2)(e)(iii), books and records that a seller keeps in the
seller's regular course of business includes books and records the seller keeps in the regular
course of business for nontax purposes.
(f) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(f)(ii)
and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
of tangible personal property, other property, a product, or a service that is not subject to
taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
the seller, at the time of the transaction:
(A) separately states the portion of the transaction that is not subject to taxation under
this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
(B) is able to identify by reasonable and verifiable standards, from the books and
records the seller keeps in the seller's regular course of business, the portion of the transaction
that is not subject to taxation under this chapter.
(ii) A purchaser and a seller may correct the taxability of a transaction if:
(A) after the transaction occurs, the purchaser and the seller discover that the portion of
the transaction that is not subject to taxation under this chapter was not separately stated on an
invoice, bill of sale, or similar document provided to the purchaser because of an error or
ignorance of the law; and
(B) the seller is able to identify by reasonable and verifiable standards, from the books
and records the seller keeps in the seller's regular course of business, the portion of the
transaction that is not subject to taxation under this chapter.
(iii) For purposes of Subsections (2)(f)(i) and (ii), books and records that a seller keeps
in the seller's regular course of business includes books and records the seller keeps in the
regular course of business for nontax purposes.
(g) (i) If the sales price of a transaction is attributable to two or more items of tangible
personal property, products, or services that are subject to taxation under this chapter at
different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
unless the seller, at the time of the transaction:
(A) separately states the items subject to taxation under this chapter at each of the
different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
(B) is able to identify by reasonable and verifiable standards the tangible personal
property, product, or service that is subject to taxation under this chapter at the lower tax rate
from the books and records the seller keeps in the seller's regular course of business.
(ii) For purposes of Subsection (2)(g)(i), books and records that a seller keeps in the
seller's regular course of business includes books and records the seller keeps in the regular
course of business for nontax purposes.
(h) Subject to Subsections (2)(i) and (j), a tax rate repeal or tax rate change for a tax
rate imposed under the following shall take effect on the first day of a calendar quarter:
(i) Subsection (2)(a)(i)(A);
(ii) Subsection (2)(b)(i);
(iii) Subsection (2)(c)(i); or
(iv) Subsection (2)(e)(i)(A)(I).
(i) (i) A tax rate increase takes effect on the first day of the first billing period that
begins on or after the effective date of the tax rate increase if the billing period for the
transaction begins before the effective date of a tax rate increase imposed under:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(e)(i)(A)(I).
(ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
statement for the billing period is rendered on or after the effective date of the repeal of the tax
or the tax rate decrease imposed under:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(e)(i)(A)(I).
(j) (i) For a tax rate described in Subsection (2)(j)(ii), if a tax due on a catalogue sale is
computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
change in a tax rate takes effect:
(A) on the first day of a calendar quarter; and
(B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
(ii) Subsection (2)(j)(i) applies to the tax rates described in the following:
(A) Subsection (2)(a)(i)(A);
(B) Subsection (2)(b)(i);
(C) Subsection (2)(c)(i); or
(D) Subsection (2)(e)(i)(A)(I).
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission may by rule define the term "catalogue sale."
(k) (i) For a location described in Subsection (2)(k)(ii), the commission shall determine
the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
(ii) Subsection (2)(k)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
or other fuel is furnished through a single meter for two or more of the following uses:
(A) a commercial use;
(B) an industrial use; or
(C) a residential use.
(3) (a) The following state taxes shall be deposited into the General Fund:
(i) the tax imposed by Subsection (2)(a)(i)(A);
(ii) the tax imposed by Subsection (2)(b)(i);
(iii) the tax imposed by Subsection (2)(c)(i); and
(iv) the tax imposed by Subsection (2)(e)(i)(A)(I).
(b) The following local taxes shall be distributed to a county, city, or town as provided
in this chapter:
(i) the tax imposed by Subsection (2)(a)(ii);
(ii) the tax imposed by Subsection (2)(b)(ii);
(iii) the tax imposed by Subsection (2)(c)(ii); and
(iv) the tax imposed by Subsection (2)(e)(i)(B).
(c) The state tax imposed by Subsection (2)(d) shall be deposited into the General
Fund.
(4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
through (g):
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
(A) by a 1/16% tax rate on the transactions described in Subsection (1); and
(B) for the fiscal year; or
(ii) $17,500,000.
(b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
Department of Natural Resources to:
(A) implement the measures described in Subsections 
79-2-303
(3)(a) through (d) to
protect sensitive plant and animal species; or
(B) award grants, up to the amount authorized by the Legislature in an appropriations
act, to political subdivisions of the state to implement the measures described in Subsections
79-2-303
(3)(a) through (d) to protect sensitive plant and animal species.
(ii) Money transferred to the Department of Natural Resources under Subsection
(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
person to list or attempt to have listed a species as threatened or endangered under the
Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
(iii) At the end of each fiscal year:
(A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
Conservation and Development Fund created in Section 
73-10-24
;
(B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
Program Subaccount created in Section 
73-10c-5
; and
(C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
Program Subaccount created in Section 
73-10c-5
.
(c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
created in Section 
4-18-106
.
(d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
water rights.
(ii) At the end of each fiscal year:
(A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
Conservation and Development Fund created in Section 
73-10-24
;
(B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
Program Subaccount created in Section 
73-10c-5
; and
(C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
Program Subaccount created in Section 
73-10c-5
.
(e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
Development Fund created in Section 
73-10-24
 for use by the Division of Water Resources.
(ii) In addition to the uses allowed of the Water Resources Conservation and
Development Fund under Section 
73-10-24
, the Water Resources Conservation and
Development Fund may also be used to:
(A) conduct hydrologic and geotechnical investigations by the Division of Water
Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
quantifying surface and ground water resources and describing the hydrologic systems of an
area in sufficient detail so as to enable local and state resource managers to plan for and
accommodate growth in water use without jeopardizing the resource;
(B) fund state required dam safety improvements; and
(C) protect the state's interest in interstate water compact allocations, including the
hiring of technical and legal staff.
(f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
created in Section 
73-10c-5
 for use by the Water Quality Board to fund wastewater projects.
(g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
created in Section 
73-10c-5
 for use by the Division of Drinking Water to:
(i) provide for the installation and repair of collection, treatment, storage, and
distribution facilities for any public water system, as defined in Section 
19-4-102
;
(ii) develop underground sources of water, including springs and wells; and
(iii) develop surface water sources.
(5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2006, the difference between the following amounts shall be expended as provided in this
Subsection (5), if that difference is greater than $1:
(i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
(ii) $17,500,000.
(b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
(A) transferred each fiscal year to the Department of Natural Resources as dedicated
credits; and
(B) expended by the Department of Natural Resources for watershed rehabilitation or
restoration.
(ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
created in Section 
73-10-24
.
(c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
remaining difference described in Subsection (5)(a) shall be:
(A) transferred each fiscal year to the Division of Water Resources as dedicated
credits; and
(B) expended by the Division of Water Resources for cloud-seeding projects
authorized by Title 73, Chapter 15, Modification of Weather.
(ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
created in Section 
73-10-24
.
(d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
remaining difference described in Subsection (5)(a) shall be deposited into the Water
Resources Conservation and Development Fund created in Section 
73-10-24
 for use by the
Division of Water Resources for:
(i) preconstruction costs:
(A) as defined in Subsection 
73-26-103
(6) for projects authorized by Title 73, Chapter
26, Bear River Development Act; and
(B) as defined in Subsection 
73-28-103
(8) for the Lake Powell Pipeline project
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
(ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
Chapter 26, Bear River Development Act;
(iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
(iv) other uses authorized under Sections 
73-10-24
, 
73-10-25.1
, and 
73-10-30
, and
Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
(e) After making the transfers required by Subsections (5)(b) and (c) and subject to
Subsection (5)(f), 15% of the remaining difference described in Subsection (5)(a) shall be
transferred each year as dedicated credits to the Division of Water Rights to cover the costs
incurred for employing additional technical staff for the administration of water rights.
(f) At the end of each fiscal year, any unexpended dedicated credits described in
Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
Fund created in Section 
73-10-24
.
(6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
(1) for the fiscal year shall be deposited as follows:
(a) for fiscal year 2020-21 only:
(i) 20% of the revenue described in this Subsection (6) shall be deposited into the
Transportation Investment Fund of 2005 created by Section 
72-2-124
; and
(ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
Water Infrastructure Restricted Account created by Section 
73-10g-103
; and
(b) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
created by Section 
73-10g-103
.
(7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
created by Section 
72-2-124
:
(i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
the revenues collected from the following taxes, which represents a portion of the
approximately 17% of sales and use tax revenues generated annually by the sales and use tax
on vehicles and vehicle-related products:
(A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(B) the tax imposed by Subsection (2)(b)(i);
(C) the tax imposed by Subsection (2)(c)(i); and
(D) the tax imposed by Subsection (2)(e)(i)(A)(I); plus
(ii) an amount equal to 30% of the growth in the amount of revenues collected in the
current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
(D) that exceeds the amount collected from the sales and use taxes described in Subsections
(7)(a)(i)(A) through (D) in the 2010-11 fiscal year.
(b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through (D)
generated in the current fiscal year than the total percentage of sales and use taxes deposited in
the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
(7)(a) equal to the product of:
(A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
previous fiscal year; and
(B) the total sales and use tax revenue generated by the taxes described in Subsections
(7)(a)(i)(A) through (D) in the current fiscal year.
(ii) In any fiscal year in which the portion of the sales and use taxes deposited under
Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
described in Subsections (7)(a)(i)(A) through (D) in the current fiscal year, the Division of
Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
Subsections (7)(a)(i)(A) through (D) for the current fiscal year under Subsection (7)(a).
(iii) Subject to Subsection (7)(b)(iv)(E), in all subsequent fiscal years after a year in
which 17% of the revenues collected from the sales and use taxes described in Subsections
(7)(a)(i)(A) through (D) was deposited under Subsection (7)(a), the Division of Finance shall
annually deposit 17% of the revenues collected from the sales and use taxes described in
Subsections (7)(a)(i)(A) through (D) in the current fiscal year under Subsection (7)(a).
(iv) (A) As used in this Subsection (7)(b)(iv), "additional growth revenue" means the
amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
the relevant revenue collected in the previous fiscal year.
(B) As used in this Subsection (7)(b)(iv), "combined amount" means the combined
total amount of money deposited into the Cottonwood Canyons fund under Subsections
(7)(b)(iv)(F) and [
(8)(c)(iv)(F)
] 
(8)(d)(vi)
 in any single fiscal year.
(C) As used in this Subsection (7)(b)(iv), "Cottonwood Canyons fund" means the
Cottonwood Canyons Transportation Investment Fund created in Subsection 
72-2-124
(10).
(D) As used in this Subsection (7)(b)(iv), "relevant revenue" means the portion of taxes
listed under Subsection (3)(a) that equals 17% of the revenue collected from taxes described in
Subsections (7)(a)(i)(A) through (D).
(E) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
reduce the deposit under Subsection [
(7)(c)(iii)
] 
(7)(b)(iii)
 into the Transportation Investment
Fund of 2005 by an amount equal to the amount of the deposit under this Subsection (7)(b)(iv)
to the Cottonwood Canyons fund in the previous fiscal year plus 25% of additional growth
revenue, subject to the limit in Subsection (7)(b)(iv)(F).
(F) The commission shall annually deposit the amount described in Subsection
(7)(b)(iv)(E) into the Cottonwood Canyons fund, subject to an annual maximum combined
amount for any single fiscal year of $20,000,000.
(G) If the amount of relevant revenue declines in a fiscal year compared to the previous
fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
Canyons fund under this Subsection (7)(b)(iv) in the same proportion as the decline in relevant
revenue.
(8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
Subsections (6) and (7), and subject to Subsections (8)(b) and (d)(v), for a fiscal year beginning
on or after July 1, 2018, the commission shall annually deposit into the Transportation
Investment Fund of 2005 created by Section 
72-2-124
 a portion of the taxes listed under
Subsection (3)(a) in an amount equal to 3.68% of the revenues collected from the following
taxes:
(i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
(ii) the tax imposed by Subsection (2)(b)(i);
(iii) the tax imposed by Subsection (2)(c)(i); and
(iv) the tax imposed by Subsection (2)(e)(i)(A)(I).
(b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(a) by
an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
or use in this state that exceeds 29.4 cents per gallon.
(c) The commission shall annually deposit the amount described in Subsection (8)(b)
into the Transit Transportation Investment Fund created in Section 
72-2-124
. 
(d) (i) As used in this Subsection (8)(d), "additional growth revenue" means the
amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
the relevant revenue collected in the previous fiscal year.
(ii) As used in this Subsection (8)(d), "combined amount" means the combined total
amount of money deposited into the Cottonwood Canyons fund under Subsections (7)(b)(iv)(F)
and (8)(d)(vi) in any single fiscal year.
(iii) As used in this Subsection (8)(d), "Cottonwood Canyons fund" means the
Cottonwood Canyons Transportation Investment Fund created in Subsection 
72-2-124
(10).
(iv) As used in this Subsection (8)(d), "relevant revenue" means the portion of taxes
listed under Subsection (3)(a) that equals 3.68% of the revenue collected from taxes described
in Subsections (8)(a)(i) through (iv).
(v) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
reduce the deposit under Subsection (8)(a) into the Transportation Investment Fund of 2005 by
an amount equal to the amount of the deposit under this Subsection (8)(d) to the Cottonwood
Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
limit in Subsection (8)(d)(vi).
(vi) The commission shall annually deposit the amount described in Subsection
(8)(d)(v) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
for any single fiscal year of $20,000,000.
(vii) If the amount of relevant revenue declines in a fiscal year compared to the
previous fiscal year, the commission shall decrease the amount of the contribution to the
Cottonwood Canyons fund under this Subsection (8)(d) in the same proportion as the decline in
relevant revenue.
(9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
created by Section 
35A-8-1009
 and expended as provided in Section 
35A-8-1009
.
(10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(b),
and in addition to any amounts deposited under Subsections (6), (7), and (8), the Division of
Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
72-2-124
 the amount of revenue described as follows:
(i) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a .05%
tax rate on the transactions described in Subsection (1); and
(ii) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
tax rate on the transactions described in Subsection (1).
(b) For purposes of Subsection (10)(a), the Division of Finance may not deposit into
the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
charged for food and food ingredients, except for tax revenue generated by a bundled
transaction attributable to food and food ingredients and tangible personal property other than
food and food ingredients described in Subsection (2)(e).
(11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
fiscal year during which the Division of Finance receives notice under Section 
63N-2-510
 that
construction on a qualified hotel, as defined in Section 
63N-2-502
, has begun, the Division of
Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
created in Section 
63N-2-512
.
(12) (a) The rate specified in this subsection is 0.15%.
(b) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the
rate described in Subsection (12)(a) on the transactions that are subject to the sales and use tax
under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section
26-36b-208
.
(13) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2020-21, the Division of Finance shall deposit $200,000 into the General Fund as a dedicated
credit solely for use of the Search and Rescue Financial Assistance Program created in, and
expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
(14) (a) For each fiscal year beginning with fiscal year 2020-21, the Division of
Finance shall annually transfer $1,813,400 of the revenue deposited into the Transportation
Investment Fund of 2005 under Subsections (6) through (8) to the General Fund.
(b) If the total revenue deposited into the Transportation Investment Fund of 2005
under Subsections (6) through (8) is less than $1,813,400 for a fiscal year, the Division of
Finance shall transfer the total revenue deposited into the Transportation Investment Fund of
2005 under Subsections (6) through (8) during the fiscal year to the General Fund.
(15) Notwithstanding Subsection (3)(a), and as described in Section 
63N-3-610
,
beginning 
the first day of the calendar quarter
 one year after the sales and use tax boundary for
a housing and transit reinvestment zone is established, the commission, at least annually, shall
transfer an amount equal to 15% of the sales and use tax increment within an established sales
and use tax boundary, as defined in Section 
63N-3-602
, into the Transit Transportation
Investment Fund created in Section
 72-2-124
.
Section 3. Section 
63N-3-602
 is amended to read:
63N-3-602.
Definitions.
As used in this part:
(1) "Affordable housing" means the same as that term is defined in Section 
11-38-102
.
(2) "Agency" means the same as that term is defined in Section 
17C-1-102
.
(3) "Base taxable value" means a property's taxable value as shown upon the
assessment roll last equalized during the base year.
(4) "Base year" means, for a proposed housing and transit reinvestment zone area, a
year 
beginning the first day of the calendar quarter
 determined by the last equalized tax roll
before the adoption of the housing and transit reinvestment zone.
(5) "Bus rapid transit" means a high-quality bus-based transit system that delivers fast
and efficient service that may include dedicated lanes, busways, traffic signal priority,
off-board fare collection, elevated platforms, and enhanced stations.
[
(5)
] 
(6)
 (a) "Commuter rail" means a heavy-rail passenger rail transit facility operated
by a large public transit district.
(b) "Commuter rail" does not include a light-rail passenger rail facility of a large public
transit district.
[
(6)
] 
(7)
 "Commuter rail station" means a station, stop, or terminal along an existing
commuter rail line, or along an extension to an existing commuter rail line or new commuter
rail line that is included in a metropolitan planning organization's adopted long-range
transportation plan.
(8) (a) "Developable area" means the portion of land within a housing and transit
reinvestment zone available for development and construction of business and residential uses.
(b) "Developable area" does not include portions of land within a housing and transit
reinvestment zone that are allocated to:
(i) parks;
(ii) recreation facilities;
(iii) open space;
(iv) trails;
(v) publicly-owned roadway facilities; or
(vi) other public facilities.
[
(7)
] 
(9)
 "Dwelling unit" means one or more rooms arranged for the use of one or more
individuals living together, as a single housekeeping unit normally having cooking, living,
sanitary, and sleeping facilities.
[
(8)
] 
(10)
 "Enhanced development" means the construction of mixed uses including
housing, commercial uses, and related facilities[
, at an average density of 50 dwelling units or
more per acre on the developable acres
].
[
(9)
] 
(11)
 "Enhanced development costs" means extra costs associated with structured
parking costs, vertical construction costs, horizontal construction costs, life safety costs,
structural costs, conveyor or elevator costs, and other costs incurred due to the increased height
of buildings or enhanced development.
[
(10)
] 
(12)
 "Horizontal construction costs" means the additional costs associated with
earthwork, over excavation, utility work, transportation infrastructure, and landscaping to
achieve enhanced development in the housing and transit reinvestment zone.
[
(11)
] 
(13)
 "Housing and transit reinvestment zone" means a housing and transit
reinvestment zone created pursuant to this part.
[
(12)
] 
(14)
 "Housing and transit reinvestment zone committee" means a housing and
transit reinvestment zone committee created pursuant to Section 
63N-3-605
.
[
(13)
] 
(15)
 "Large public transit district" means the same as that term is defined in
Section 
17B-2a-802
.
(16) "Light rail" means a passenger rail public transit system with right-of-way and
fixed rails:
(a) dedicated to exclusive use by light-rail public transit vehicles;
(b) that may cross streets at grade; and
(c) that may share parts of surface streets.
[
(14)
] 
(17)
 "Metropolitan planning organization" means the same as that term is
defined in Section 
72-1-208.5
.
[
(15)
] 
(18)
 "Mixed use development" means development with a mix of multi-family
residential use and at least one additional land use.
[
(16)
] 
(19)
 "Municipality" means the same as that term is defined in Section 
10-1-104
.
[
(17)
] 
(20)
 "Participant" means the same as that term is defined in Section 
17C-1-102
.
[
(18)
] 
(21)
 "Participation agreement" means the same as that term is defined in Section
17C-1-102
, except that the agency may not provide and the person may not receive a direct
subsidy
.
[
(19)
] 
(22)
 "Public transit county" means a county that has created a small public
transit district.
[
(20)
] 
(23)
 "Public transit hub" means a public transit depot or station where four or
more routes serving separate parts of the county-created transit district stop to transfer riders
between routes.
[
(21)
] 
(24)
 "Sales and use tax base year" means a sales and use tax year determined by
the first year pertaining to the tax imposed in Section 
59-12-103
 after the sales and use tax
boundary for a housing and transit reinvestment zone is established.
[
(22)
] 
(25)
 "Sales and use tax boundary" means a boundary created as described in
Section 
63N-3-604
, based on state sales and use tax collection that corresponds as closely as
reasonably practicable to the housing and transit reinvestment zone boundary.
[
(23)
] 
(26)
 "Sales and use tax increment" means the difference between:
(a) the amount of state sales and use tax revenue generated each year following the
sales and use tax base year by the sales and use tax from the area within a housing and transit
reinvestment zone designated in the housing and transit reinvestment zone proposal as the area
from which sales and use tax increment is to be collected; and
(b) the amount of state sales and use tax revenue that was generated from that same
area during the sales and use tax base year.
[
(24)
] 
(27)
 "Sales and use tax revenue" means revenue that is generated from the tax
imposed under Section 
59-12-103
.
[
(25)
] 
(28)
 "Small public transit district" means the same as that term is defined in
Section 
17B-2a-802
.
[
(26)
] 
(29)
 "Tax commission" means the State Tax Commission created in Section
59-1-201
.
[
(27)
] 
(30)
 "Tax increment" means the difference between:
(a) the amount of property tax revenue generated each tax year by a taxing entity from
the area within a housing and transit reinvestment zone designated in the housing and transit
reinvestment zone proposal as the area from which tax increment is to be collected, using the
current assessed value and each taxing entity's current certified tax rate as defined in Section
59-2-924
; and
(b) the amount of property tax revenue that would be generated from that same area
using the base taxable value and each taxing entity's current certified tax rate as defined in
Section 
59-2-924
.
[
(28)
] 
(31)
 "Taxing entity" means the same as that term is defined in Section
17C-1-102
.
[
(29)
] 
(32)
 "Vertical construction costs" means the additional costs associated with
construction above four stories and structured parking to achieve enhanced development in the
housing and transit reinvestment zone.
Section 4. Section 
63N-3-603
 is amended to read:
63N-3-603.
Applicability, requirements, and limitations on a housing and transit
reinvestment zone.
(1) A housing and transit reinvestment zone proposal created under this part shall
promote the following objectives:
(a) higher utilization of public transit;
(b) increasing availability of housing, including affordable housing;
(c) conservation of water resources through efficient land use;
(d) improving air quality by reducing fuel consumption and motor vehicle trips;
(e) encouraging transformative mixed-use development and investment in
transportation and public transit infrastructure in strategic areas;
(f) strategic land use and municipal planning in major transit investment corridors as
described in Subsection 
10-9a-403
(2); and
(g) increasing access to employment and educational opportunities.
(2) In order to accomplish the objectives described in Subsection (1), a municipality or
public transit county that initiates the process to create a housing and transit reinvestment zone
as described in this part shall ensure that the proposal for a housing and transit reinvestment
zone includes:
(a) except as provided in Subsection (3), at least 10% of the proposed [
housing
]
dwelling
 units within the housing and transit reinvestment zone are affordable housing units;
(b) [
a dedication of
] at least 51% of the developable area within the housing and transit
reinvestment zone [
to residential development
] 
includes residential uses
 with
, except as
provided in Subsection (4)(c),
 an average of 50 [
multi-family
] dwelling units per acre or
greater; [
and
]
(c) mixed-use development[
.
]
; and
(d) a mix of dwelling units to ensure that a reasonable percentage of the dwelling units
has more than one bedroom.
(3) A municipality or public transit county that, at the time the housing and transit
reinvestment zone proposal is approved by the housing and transit reinvestment zone
committee, meets the affordable housing guidelines of the United States Department of
Housing and Urban Development at 60% area median income is exempt from the requirement
described in Subsection (2)(a).
[
(4) A municipality or public transit county may only propose a housing and transit
reinvestment zone that:
]
(4) (a) A municipality may only propose a housing and transit reinvestment zone at a
commuter rail station, and a public transit county may only propose a housing and transit
reinvestment zone at a public transit hub, that:
[
(a)
] 
(i)
 subject to Subsection (5)
(a)
:
[
(i)
] (A) 
(I)
except as provided in Subsection (4)(a)(i)(A)(II),
 for a municipality, does
not exceed a 1/3 mile radius of a commuter rail station; [
or
]
(II) for a municipality that is a city of the first class with a population greater than
150,000 that is within a county of the first class, with an opportunity zone created pursuant to
Section 1400Z-1, Internal Revenue Code, does not exceed a 1/2 mile radius of a commuter rail
station located within the opportunity zone; or
[
(B)
] 
(III)
 for a public transit county, does not exceed a 1/3 mile radius of a public
transit hub; and
[
(ii)
] 
(B)
 has a total area of no more than 125 noncontiguous [
square
] acres;
[
(b)
] 
(ii)
 subject to Section 
63N-3-607
, proposes the capture of a maximum of 80% of
each taxing entity's tax increment above the base year for a term of no more than 25
consecutive years on each parcel within a 45-year period not to exceed the tax increment
amount approved in the housing and transit reinvestment zone proposal; and
[
(c)
] 
(iii)
 the commencement of collection of tax increment, for all or a portion of the
housing and transit reinvestment zone, will be triggered by providing notice as described in
Subsection (6).
(b) A municipality or public transit county may only propose a housing and transit
reinvestment zone at a light rail station or bus rapid transit station that:
(i) subject to Subsection (5):
(A) does not exceed:
(I) except as provided in Subsection (4)(b)(i)(A)(II) or (III), a 1/4 mile radius of a bus
rapid transit station or light rail station;
(II) for a municipality that is a city of the first class with a population greater than
150,000 that is within a county of the first class, a 1/2 mile radius of a light rail station located
in an opportunity zone created pursuant to Section 1400Z-1, Internal Revenue Code; or
(III) a 1/2 mile radius of a light rail station located within a master-planned
development of 500 acres or more; and
(B) has a total area of no more than 100 noncontiguous acres;
(ii) subject to Subsection (4)(c) and Section 
63N-3-607
, proposes the capture of a
maximum of 80% of each taxing entity's tax increment above the base year for a term of no
more than 15 consecutive years on each parcel within a 30-year period not to exceed the tax
increment amount approved in the housing and transit reinvestment zone proposal; and
(iii) the commencement of collection of tax increment, for all or a portion of the
housing and transit reinvestment zone, will be triggered by providing notice as described in
Subsection (6).
(c) For a housing and transit reinvestment zone proposed by a public transit county at a
public transit hub, or for a housing and transit reinvestment zone proposed by a municipality at
a bus rapid transit station, if the proposed housing density within the housing and transit
reinvestment zone is between 39 and 49 dwelling units per acre, the maximum capture of each
taxing entity's tax increment above the base year is 60%.
(d) A municipality that is a city of the first class with a population greater than 150,000
in a county of the first class as described in Subsections (4)(a)(i)(A)(II) and (4)(b)(i)(A)(II) may
only propose one housing and transit reinvestment zone within an opportunity zone.
[
(5) If
] 
(5) (a) For a housing and transit reinvestment zone for a commuter rail station,
if
 a parcel is bisected by the [
1/3 mile radius
] 
relevant radius limitation
, the full parcel may be
included as part of the housing and transit reinvestment zone area and will not count against the
limitations described in Subsection (4)(a)
(i)
.
(b) For a housing and transit reinvestment zone for a light rail or bus rapid transit
station, if a parcel is bisected by the relevant radius limitation, the full parcel may be included
as part of the housing and transit reinvestment zone area and will not count against the
limitations described in Subsection (4)(b)(i).
(6) The notice of commencement of collection of tax increment required in Subsection
[
(4)(c)
] 
(4)(a)(iii) or (4)(b)(iii)
 shall be sent by mail or electronically to:
(a) the tax commission;
(b) the State Board of Education;
(c) the state auditor;
(d) the auditor of the county in which the housing and transit reinvestment zone is
located;
(e) each taxing entity affected by the collection of tax increment from the housing and
transit reinvestment zone; and
(f) the Governor's Office of Economic Opportunity.
(7) (a) The maximum number of housing and transit reinvestment zones at light rail
stations is eight in any given county.
(b) The maximum number of housing and transit reinvestment zones at bus rapid
transit stations is three in any given county.
Section 5. Section 
63N-3-604
 is amended to read:
63N-3-604.
Process for a proposal of a housing and transit reinvestment zone --
Analysis.
(1) Subject to approval of the housing and transit reinvestment zone committee as
described in Section 
63N-3-605
, in order to create a housing and transit reinvestment zone, a
municipality or public transit county that has general land use authority over the housing and
transit reinvestment zone area, shall:
(a) prepare a proposal for the housing and transit reinvestment zone that:
(i) demonstrates that the proposed housing and transit reinvestment zone will meet the
objectives described in Subsection 
63N-3-603
(1);
(ii) explains how the municipality or public transit county will achieve the
requirements of Subsection 
63N-3-603
(2)(a);
(iii) defines the specific transportation infrastructure needs, if any, and proposed
improvements;
(iv) defines the boundaries of:
(A) the housing and transit reinvestment zone; and
(B) the sales and use tax boundary corresponding to the housing and transit
reinvestment zone boundary, as described in Section 
63N-3-610
;
(v) identifies any development impediments that prevent the development from being a
market-rate investment and proposed strategies for addressing each one;
(vi) describes the proposed development plan, including the requirements described in
Subsections 
63N-3-603
(2) and (4);
(vii) establishes a base year and collection period to calculate the tax increment within
the housing and transit reinvestment zone;
(viii) establishes a sales and use tax base year to calculate the sales and use tax
increment within the housing and transit reinvestment zone;
(ix) describes projected maximum revenues generated and the amount of tax increment
capture from each taxing entity and proposed expenditures of revenue derived from the housing
and transit reinvestment zone;
(x) includes an analysis of other applicable or eligible incentives, grants, or sources of
revenue that can be used to reduce the finance gap;
(xi) evaluates possible benefits to active and public transportation availability and
impacts on air quality;
[
(xi)
] 
(xii)
 proposes a finance schedule to align expected revenue with required
financing costs and payments; and
[
(xii)
] 
(xiii)
 provides a pro-forma for the planned development including the cost
differential between surface parked multi-family development and enhanced development that
satisfies the requirements described in Subsections 
63N-3-603
(2), (3), and (4); and
(b) submit the housing and transit reinvestment zone proposal to the Governor's Office
of Economic Opportunity.
[
(2) Before submitting the proposed housing and transit reinvestment zone to the
Governor's Office of Economic Opportunity as described in Subsection (1)(b), the municipality
or public transit county proposing the housing and transit reinvestment zone shall ensure that
the area of the proposed housing and transit reinvestment zone is zoned in such a manner to
accommodate the requirements of a housing and transit reinvestment zone described in this
section and the proposed development.
]
(2) As part of the proposal described in Subsection (1), a municipality or public transit
county shall study and evaluate possible impacts of a proposed housing and transit
reinvestment zone on parking within the city and housing and transit reinvestment zone.
(3) (a) After receiving the proposal as described in Subsection (1)(b), the Governor's
Office of Economic Opportunity shall, at the expense of the proposing municipality or public
transit county as described in Subsection (5), contract with an independent entity to perform the
gap analysis described in Subsection (3)(b).
(b) The gap analysis required in Subsection (3)(a) shall include:
(i) a description of the planned development;
(ii) a market analysis relative to other comparable project developments included in or
adjacent to the municipality or public transit county absent the proposed housing and transit
reinvestment zone;
(iii) an evaluation of the proposal to and a determination of the adequacy and efficiency
of the proposal; [
and
]
(iv) an evaluation of the proposed increment capture needed to cover the enhanced
development costs associated with the housing and transit reinvestment zone proposal and
enable the proposed development to occur; and
[
(iv)
] 
(v)
 based on the market analysis and other findings, an opinion relative to the
minimum
 amount of potential public financing reasonably determined to be necessary to
achieve the objectives described in Subsection 
63N-3-603
(1).
(4) After receiving the results from the analysis described in Subsection (3)(b), the
municipality or public transit county proposing the housing and transit reinvestment zone may:
(a) amend the housing and transit reinvestment zone proposal based on the findings of
the analysis described in Subsection (3)(b) and request that the Governor's Office of Economic
Opportunity submit the amended housing and transit reinvestment zone proposal to the housing
and transit reinvestment zone committee; or
(b) request that the Governor's Office of Economic Opportunity submit the original
housing and transit reinvestment zone proposal to the housing and transit reinvestment zone
committee.
(5) (a) The Governor's Office of Economic Opportunity may accept, as a dedicated
credit, up to $20,000 from a municipality or public transit county for the costs of the gap
analysis described in Subsection (3)(b).
(b) The Governor's Office of Economic Opportunity may expend funds received from a
municipality or public transit county as dedicated credits to pay for the costs associated with
the gap analysis described in Subsection (3)(b).
Section 6. Section 
63N-3-605
 is amended to read:
63N-3-605.
Housing and Transit Reinvestment Zone Committee -- Creation.
(1) For any housing and transit reinvestment zone proposed under this part, there is
created a housing and transit reinvestment zone committee with membership described in
Subsection (2).
(2) Each housing and transit reinvestment zone committee shall consist of the
following members:
(a) one representative from the Governor's Office of Economic Opportunity, designated
by the executive director of the Governor's Office of Economic Opportunity;
(b) one representative from each municipality that is a party to the proposed housing
and transit reinvestment zone, designated by the chief executive officer of each respective
municipality;
(c) one representative from the Department of Transportation created in Section
72-1-201
, designated by the executive director of the Department of Transportation;
(d) one representative from a large public transit district that serves the proposed
housing and transit reinvestment zone area, designated by the chair of the board of trustees of a
large public transit district;
[
(e) one representative of each relevant metropolitan planning organization, designated
by the chair of the metropolitan planning organization;
]
(e) one individual from the Office of the State Treasurer, designated by the state
treasurer;
(f) one member designated by the president of the Senate;
(g) one member designated by the speaker of the House of Representatives;
[
(h) one member designated by the chair of the State Board of Education;
]
(h) one individual from the tax commission, designated by the executive director of the
tax commission;
(i) one member designated by the chief executive officer of each county affected by the
housing and transit reinvestment zone;
(j) one representative designated by the school superintendent from the school district
affected by the housing and transit reinvestment zone; and
(k) one representative, representing the largest participating local taxing entity, after
the municipality, county, and school district.
(3) The individual designated by the Governor's Office of Economic Opportunity as
described in Subsection (2)(a) shall serve as chair of the housing and transit reinvestment zone
committee.
(4) (a) A majority of the members of the housing and transit reinvestment zone
committee constitutes a quorum of the housing and transit reinvestment zone committee.
(b) An action by a majority of a quorum of the housing and transit reinvestment zone
committee is an action of the housing and transit reinvestment zone committee.
(5) After the Governor's Office of Economic Opportunity receives the results of the
analysis described in Section 
63N-3-604
, and after the Governor's Office of Economic
Opportunity has received a request from the submitting municipality or public transit county to
submit the housing and transit reinvestment zone proposal to the housing and transit
reinvestment zone committee, the Governor's Office of Economic Opportunity shall notify each
of the entities described in Subsection (2) of the formation of the housing and transit
reinvestment zone committee.
(6) (a) The chair of the housing and transit reinvestment zone committee shall convene
a public meeting to consider the proposed housing and transit reinvestment zone.
(b) A meeting of the housing and transit reinvestment zone committee is subject to
Title 52, Chapter 4, Open and Public Meetings Act.
(7) (a) The proposing municipality or public transit county shall present the housing
and transit reinvestment zone proposal to the housing and transit reinvestment zone committee
in a public meeting.
(b) The housing and transit reinvestment zone committee shall:
(i) evaluate and verify whether the elements of a housing and transit reinvestment zone
described in Subsections 
63N-3-603
(2) and (4) have been met; and
(ii) evaluate the proposed housing and transit reinvestment zone relative to the analysis
described in Subsection 
63N-3-604
(2).
(8) 
(a)
 [
The
] 
Subject to Subsection (8)(b), the
 housing and transit reinvestment zone
committee may:
[
(a)
] 
(i)
 request changes to the housing and transit reinvestment zone proposal based on
the analysis described in Section 
63N-3-604
; or
[
(b)
] 
(ii)
 vote to approve or deny the proposal.
(b) Before the housing and transit reinvestment zone committee may approve the
housing and transit reinvestment zone proposal, the municipality or public transit county
proposing the housing and transit reinvestment zone shall ensure that the area of the proposed
housing and transit reinvestment zone is zoned in such a manner to accommodate the
requirements of a housing and transit reinvestment zone described in this section and the
proposed development.
(9) If 
a housing and transit reinvestment zone is
 approved by the committee:
(a) the proposed housing and transit reinvestment zone is established according to the
terms of the housing and transit reinvestment zone proposal; [
and
]
(b) affected local taxing entities are required to participate according to the terms of the
housing and transit reinvestment zone proposal[
.
]
; and
(c) each affected taxing municipality is required to participate at the same rate as a
participating county.
(10) A housing and transit reinvestment zone proposal may be amended by following
the same procedure as approving a housing and transit reinvestment zone proposal.
Section 7. Section 
63N-3-607
 is amended to read:
63N-3-607.
Payment, use, and administration of revenue from a housing and
transit reinvestment zone.
(1) A municipality or public transit county may receive and use tax increment and
housing and transit reinvestment zone funds in accordance with this part.
(2) (a) A county that collects property tax on property located within a housing and
transit reinvestment zone shall, in accordance with Section 
59-2-1365
, distribute to the
municipality or public transit county any tax increment the municipality or public transit county
is authorized to receive up to the maximum approved by the housing and transit reinvestment
zone committee.
(b) Tax increment distributed to a municipality or public transit county in accordance
with Subsection (2)(a) is not revenue of the taxing entity or municipality or public transit
county.
(c) (i) Tax increment paid to the municipality or public transit county are housing and
transit reinvestment zone funds and shall be administered by an agency created by the
municipality or public transit county within which the housing and transit reinvestment zone is
located.
(ii) Before an agency may receive housing and transit reinvestment zone funds from
the municipality or public transit county, the municipality or public transit county and the
agency shall enter into an interlocal agreement with terms that:
(A) are consistent with the approval of the housing and transit reinvestment zone
committee; and
(B) meet the requirements of Section 
63N-3-603
.
(3) (a) A municipality or public transit county and agency shall use housing and transit
reinvestment zone funds within, or for the direct benefit of, the housing and transit
reinvestment zone.
(b) If any housing and transit reinvestment zone funds will be used outside of the
housing and transit reinvestment zone there must be a finding in the approved proposal for a
housing and transit reinvestment zone that the use of the housing and transit reinvestment zone
funds outside of the housing and transit reinvestment zone will directly benefit the housing and
transit reinvestment zone.
(4) A municipality or public transit county shall use housing and transit reinvestment
zone funds to achieve the purposes described in Subsections 
63N-3-603
(1) and (2), by paying
all or part of the costs of any of the following:
(a) income targeted housing costs;
(b) structured parking within the housing and transit reinvestment zone;
(c) enhanced development costs;
(d) horizontal construction costs;
(e) vertical construction costs;
(f) [
land purchase
] 
property acquisition
 costs within the housing and transit
reinvestment zone; or
(g) the costs of the municipality or public transit county to create and administer the
housing and transit reinvestment zone, which may not exceed 1% of the total housing and
transit reinvestment zone funds, plus the costs to complete the gap analysis described in
Subsection 
63N-3-604
[
(3)
]
(2)
.
(5) Housing and transit reinvestment zone funds may be paid to a participant, if the
agency and participant enter into a participation agreement which requires the participant to
utilize the housing and transit reinvestment zone funds as allowed in this section.
(6) Housing and transit reinvestment zone funds may be used to pay all of the costs of
bonds issued by the municipality or public transit county in accordance with Title 17C, Chapter
1, Part 5, Agency Bonds, including the cost to issue and repay the bonds including interest.
(7) A municipality or public transit county may create one or more public infrastructure
districts within the housing and transit reinvestment zone under [
Title 17B, Chapter 2a, Part
] 
Title 17D, Chapter 4
, Public Infrastructure District Act, and pledge and utilize the housing
and transit reinvestment zone funds to guarantee the payment of public infrastructure bonds
issued by a public infrastructure district.
Section 8. Section 
63N-3-610
 is amended to read:
63N-3-610.
Sales and use tax increment in a housing and transit reinvestment
zone.
(1) A housing and transit reinvestment proposal shall, in consultation with the tax
commission:
(a) create a sales and use tax boundary as described in Subsection (2); and
(b) establish a sales and use tax base year and collection period to calculate and transfer
the state sales and use tax increment within the housing and transit reinvestment zone.
(2) (a) The municipality or public transit county, in consultation with the tax
commission, shall establish a sales and use tax boundary that:
(i) is based on state sales and use tax collection boundaries; and
(ii) follows as closely as reasonably practicable the boundary of the housing and transit
reinvestment zone.
(b) The municipality or public transit county shall include the sales and use tax
boundary in the housing and transit reinvestment zone proposal as described in Section
63N-3-604
.
(3) Beginning 
the first day of the calendar quarter
 one year after the sales and use tax
boundary for a housing and transit reinvestment zone is established, the tax commission shall,
at least annually, transfer an amount equal to 15% of the sales and use tax increment within an
established sales and use tax boundary into the Transit Transportation Investment Fund created
in Section 
72-2-124
.
(4) (a) The requirement described in Subsection (3) to transfer incremental sales tax
revenue shall take effect:
(i) on the first day of a calendar quarter; and
(ii) after a 90-day waiting period, beginning on the date the commission receives notice
from the municipality or public transit county meeting the requirements of Subsection (4)(b).
(b) The notice described in Subsection (4)(a) shall include:
(i) a statement that the housing and transit reinvestment zone will be established under
this part;
(ii) the approval date and effective date of the housing and transit reinvestment zone;
and
(iii) the definitions of the sales and use tax boundary and sales and use tax base year.