First Substitute S.B. 218

Senator Curtis S. Bramble proposes the following substitute bill:

1 COMMUNITY DEVELOPMENT AND RENEWAL
2 AGENCY AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis S. Bramble
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to community development and renewal agencies.
11 Highlighted Provisions:
12 This bill:
13 . provides an exception to blight study and blight hearing requirements for agencies
14 that find blight based on a finding relating to a superfund site or an inactive
15 industrial site;
16 . prohibits a taxing entity committee from disapproving an agency's finding of blight
17 unless the committee demonstrates that the blight conditions the agency found to
18 exist in the urban renewal project area do not exist;
19 . makes an exception to a combined incremental value limit if the budget is based on
20 a project area where a finding of blight is made because of the presence of a
21 superfund site or an inactive industrial site;
22 . authorizes an agency to use certain tax increment funds for relocating mobile home
23 park residents who are displaced;
24 . eliminates the requirement for consent from a taxing entity committee for the use of
25 tax increment and sales tax proceeds for certain infrastructure and improvements in

26 a community development project area;
27 . modifies a provision related to the collection of a taxing entity's tax increment if the
28 taxing entity elects not to have its tax increment collected and used for other taxing
29 entities;
30 . clarifies that a contest period applies also to a resolution regarding the use of tax
31 proceeds;
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 17C-1-102, as last amended by Chapter 254 and renumbered and amended by Chapter
40 359, Laws of Utah 2006
41 17C-1-402, as last amended by Chapter 14 and renumbered and amended by Chapter
42 359, Laws of Utah 2006
43 17C-1-409, as renumbered and amended by Chapter 359, Laws of Utah 2006
44 17C-1-410, as renumbered and amended by Chapter 359, Laws of Utah 2006
45 17C-1-411, as renumbered and amended by Chapter 359, Laws of Utah 2006
46 17C-1-412, as renumbered and amended by Chapter 359, Laws of Utah 2006
47 17C-2-102, as renumbered and amended by Chapter 359, Laws of Utah 2006
48 17C-2-106, as last amended by Chapter 254 and renumbered and amended by Chapter
49 359, Laws of Utah 2006
50 17C-2-110, as renumbered and amended by Chapter 359, Laws of Utah 2006
51 17C-2-202, as last amended by Chapter 254 and renumbered and amended by Chapter
52 359, Laws of Utah 2006
53 17C-2-301, as last amended by Chapter 254 and renumbered and amended by Chapter
54 359, Laws of Utah 2006
55 17C-2-302, as renumbered and amended by Chapter 359, Laws of Utah 2006
56 17C-2-303, as last amended by Chapter 254 and renumbered and amended by Chapter

57 359, Laws of Utah 2006
58 17C-2-304, as renumbered and amended by Chapter 359, Laws of Utah 2006
59 17C-4-202, as enacted by Chapter 359, Laws of Utah 2006
60
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 17C-1-102 is amended to read:
63 17C-1-102. Definitions.
64 As used in this title:
65 (1) "Adjusted tax increment" means:
66 (a) for tax increment under a pre-July 1, 1993 project area plan, tax increment under
67 Section 17C-1-403 , excluding tax increment under Subsection 17C-1-403 (3); and
68 (b) for tax increment under a post-June 30, 1993 project area plan, tax increment under
69 Section 17C-1-404 , excluding tax increment under Section 17C-1-406 .
70 (2) "Affordable housing" means housing to be owned or occupied by persons and
71 families of low or moderate income, as determined by resolution of the agency.
72 (3) "Agency" or "community development and renewal agency" means a separate body
73 corporate and politic, created under Section 17C-1-201 or as a redevelopment agency under
74 previous law, that is a political subdivision of the state, that is created to undertake or promote
75 urban renewal, economic development, or community development, or any combination of
76 them, as provided in this title, and whose geographic boundaries are coterminous with:
77 (a) for an agency created by a county, the unincorporated area of the county; and
78 (b) for an agency created by a city or town, the boundaries of the city or town.
79 (4) "Annual income" has the meaning as defined under regulations of the U.S.
80 Department of Housing and Urban Development, 24 C.F.R. Sec. 5.609, as amended or as
81 superseded by replacement regulations.
82 (5) "Assessment roll" has the meaning as defined in Section 59-2-102 .
83 (6) "Base taxable value" means the taxable value of the property within a project area
84 from which tax increment will be collected, as shown upon the assessment roll last equalized
85 before:
86 (a) for a pre-July 1, 1993 project area plan, the effective date of the project area plan;
87 or

88 (b) for a post-June 30, 1993 project area plan:
89 (i) the date of the taxing entity committee's approval of the first project area budget; or
90 (ii) if no taxing entity committee approval is required for the project area budget, the
91 later of:
92 (A) the date the project area plan is adopted by the community legislative body; and
93 (B) the date the agency adopts the first project area budget.
94 (7) "Basic levy" means the portion of a school district's tax levy constituting the
95 minimum basic levy under Section 59-2-902 .
96 (8) "Blight" or "blighted" means the condition of an area that meets the requirements of
97 Subsection 17C-2-303 (1).
98 (9) "Blight hearing" means a public hearing under Subsection
99 17C-2-102 (1)(a)[(iii)](i)(C) and Section 17C-2-302 regarding the existence or nonexistence of
100 blight within the proposed urban renewal project area.
101 (10) "Blight study" means a study to determine the existence or nonexistence of blight
102 within a survey area as provided in Section 17C-2-301 .
103 (11) "Board" means the governing body of an agency, as provided in Section
104 17C-1-203 .
105 (12) "Budget hearing" means the public hearing on a draft project area budget required
106 under Subsection 17C-2-201 (2)(d) for an urban renewal project area budget or Subsection
107 17C-3-201 (2)(d) for an economic development project area budget.
108 (13) "Combined incremental value" means the combined total of all incremental values
109 from all urban renewal project areas, except project areas that contain some or all of a military
110 installation or inactive industrial site, within the agency's boundaries under adopted project area
111 plans and adopted project area budgets at the time that a project area budget for a new urban
112 renewal project area is being considered.
113 (14) "Community" means a county, city, or town.
114 (15) "Community development" means development activities within a community,
115 including the encouragement, promotion, or provision of development.
116 (16) "Economic development" means to promote the creation or retention of public or
117 private jobs within the state through:
118 (a) planning, design, development, construction, rehabilitation, business relocation, or

119 any combination of these, within a community; and
120 (b) the provision of office, industrial, manufacturing, warehousing, distribution,
121 parking, public, or other facilities, or other improvements that benefit the state or a community.
122 (17) "Fair share ratio" means the ratio derived by:
123 (a) for a city or town, comparing the percentage of all housing units within the city or
124 town that are publicly subsidized income targeted housing units to the percentage of all
125 housing units within the whole county that are publicly subsidized income targeted housing
126 units; or
127 (b) for the unincorporated part of a county, comparing the percentage of all housing
128 units within the unincorporated county that are publicly subsidized income targeted housing
129 units to the percentage of all housing units within the whole county that are publicly subsidized
130 income targeted housing units.
131 (18) "Family" has the meaning as defined under regulations of the U.S. Department of
132 Housing and Urban Development, 24 C.F.R. Section 5.403, as amended or as superseded by
133 replacement regulations.
134 (19) "Greenfield" means land not developed beyond agricultural or forestry use.
135 (20) "Housing funds" means the funds allocated in an urban renewal project area
136 budget under Section 17C-2-203 for the purposes provided in Subsection 17C-1-412 (1).
137 (21) (a) "Inactive industrial site" means land that:
138 (i) consists of at least 1,000 acres;
139 (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial
140 facility; and
141 (iii) requires remediation because of the presence of hazardous or solid waste [as],
142 defined [in Subsection 17B-4-604 (1)(a)(iii)(I), as last amended by Chapter 292, Laws of Utah
143 2005] as any substance defined, regulated, or listed as a hazardous substance, hazardous
144 material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified
145 as hazardous to human health or the environment under state or federal law or regulation.
146 (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land
147 described in Subsection (21)(a).
148 (22) "Income targeted housing" means housing to be owned or occupied by a family
149 whose annual income is at or below 80% of the median annual income for the county in which

150 the housing is located.
151 (23) "Incremental value" means a figure derived by multiplying the marginal value of
152 the property located within an urban renewal project area on which tax increment is collected
153 by a number that represents the percentage of adjusted tax increment from that project area that
154 is paid to the agency.
155 (24) "Loan fund board" means the Olene Walker Housing Loan Fund Board,
156 established under Title 9, Chapter 4, Part 7, Olene Walker Housing Loan Fund.
157 (25) "Marginal value" means the difference between actual taxable value and base
158 taxable value.
159 (26) "Military installation project area" means a project area or a portion of a project
160 area located within a federal military installation ordered closed by the federal Defense Base
161 Realignment and Closure Commission.
162 (27) "Plan hearing" means the public hearing on a draft project area plan required
163 under Subsection 17C-2-102 (1)(a)[(viii)] (vi) for an urban renewal project area plan,
164 Subsection 17C-3-102 (1)(d) for an economic development project area plan, and Subsection
165 17C-4-102 (1)(d) for a community development project area plan.
166 (28) "Post-June 30, 1993 project area plan" means a project area plan adopted on or
167 after July 1, 1993, whether or not amended subsequent to its adoption.
168 (29) "Pre-July 1, 1993 project area plan" means a project area plan adopted before July
169 1, 1993, whether or not amended subsequent to its adoption.
170 (30) "Private," with respect to real property, means:
171 (a) not owned by the United States or any agency of the federal government, a public
172 entity, or any other governmental entity; and
173 (b) not dedicated to public use.
174 (31) "Project area" means the geographic area described in a project area plan or draft
175 project area plan where the urban renewal, economic development, or community
176 development, as the case may be, set forth in the project area plan or draft project area plan
177 takes place or is proposed to take place.
178 (32) "Project area budget" means a multiyear projection of annual or cumulative
179 revenues and expenses and other fiscal matters pertaining to a urban renewal or economic
180 development project area that includes:

181 (a) the base taxable value of property in the project area;
182 (b) the projected tax increment expected to be generated within the project area;
183 (c) the amount of tax increment expected to be shared with other taxing entities;
184 (d) the amount of tax increment expected to be used to implement the project area plan,
185 including the estimated amount of tax increment to be used for land acquisition, public
186 improvements, infrastructure improvements, and loans, grants, or other incentives to private
187 and public entities;
188 (e) the tax increment expected to be used to cover the cost of administering the project
189 area plan;
190 (f) if the area from which tax increment is to be collected is less than the entire project
191 area:
192 (i) the tax identification numbers of the parcels from which tax increment will be
193 collected; or
194 (ii) a legal description of the portion of the project area from which tax increment will
195 be collected; and
196 (g) for property that the agency owns and expects to sell, the expected total cost of the
197 property to the agency and the expected selling price.
198 (33) "Project area plan" means a written plan under [Part 4, Project Area Plan] Chapter
199 2, Part 1, Urban Renewal Project Area Plan, Chapter 3, Part 1, Economic Development Project
200 Area Plan, or Chapter 4, Part 1, Community Development Project Area Plan, as the case may
201 be, that, after its effective date, guides and controls the urban renewal, economic development,
202 or community development activities within a project area.
203 (34) "Property tax" includes privilege tax and each levy on an ad valorem basis on
204 tangible or intangible personal or real property.
205 (35) "Public entity" means:
206 (a) the state, including any of its departments or agencies; or
207 (b) a political subdivision of the state, including a county, city, town, school district,
208 special district, local district, or interlocal cooperation entity.
209 (36) "Publicly owned infrastructure and improvements" means water, sewer, storm
210 drainage, electrical, and other similar systems and lines, streets, roads, curb, gutter, sidewalk,
211 walkways, parking facilities, public transportation facilities, and other facilities, infrastructure,

212 and improvements benefitting the public and to be publicly owned or publicly maintained or
213 operated.
214 (37) "Record property owner" or "record owner of property" means the owner of real
215 property as shown on the records of the recorder of the county in which the property is located
216 and includes a purchaser under a real estate contract if the contract is recorded in the office of
217 the recorder of the county in which the property is located or the purchaser gives written notice
218 of the real estate contract to the agency.
219 (38) "Superfund site":
220 (a) means an area included in the National Priorities List under the Comprehensive
221 Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and
222 (b) includes an area formerly included in the National Priorities List, as described in
223 Subsection (38)(a), but removed from the list following remediation that leaves on site the
224 waste that caused the area to be included in the National Priorities List.
225 (39) "Survey area" means an area designated by a survey area resolution for study to
226 determine whether one or more urban renewal projects within the area are feasible.
227 (40) "Survey area resolution" means a resolution adopted by the agency board under
228 Subsection 17C-2-101 (1)(a) designating a survey area.
229 (41) "Taxable value" means the value of property as shown on the last equalized
230 assessment roll as certified by the county assessor.
231 (42) (a) "Tax increment" means, except as provided in Subsection (42)(b), the
232 difference between:
233 (i) the amount of property tax revenues generated each tax year by all taxing entities
234 from the area within a project area designated in the project area plan as the area from which
235 tax increment is to be collected, using the current assessed value of the property; and
236 (ii) the amount of property tax revenues that would be generated from that same area
237 using the base taxable value of the property.
238 (b) "Tax increment" does not include taxes levied and collected under Section
239 59-2-906.1 on or after January 1, 1994 upon the taxable property in the project area unless:
240 (i) the project area plan was adopted before May 4, 1993, whether or not the project
241 area plan was subsequently amended; and
242 (ii) the taxes were pledged to support bond indebtedness or other contractual

243 obligations of the agency.
244 (43) "Taxing entity" means a public entity that levies a tax on property within a
245 community.
246 (44) "Taxing entity committee" means a committee representing the interests of taxing
247 entities, created as provided in Section 17C-1-402 .
248 (45) "Unincorporated" means not within a city or town.
249 (46) (a) "Urban renewal" means the development activities under a project area plan
250 within an urban renewal project area, including:
251 (i) planning, design, development, demolition, clearance, construction, rehabilitation,
252 or any combination of these, of part or all of a project area;
253 (ii) the provision of residential, commercial, industrial, public, or other structures or
254 spaces, including recreational and other facilities incidental or appurtenant to them;
255 (iii) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating, or
256 any combination of these, existing structures in a project area;
257 (iv) providing open space, including streets and other public grounds and space around
258 buildings;
259 (v) providing public or private buildings, infrastructure, structures, and improvements;
260 and
261 (vi) providing improvements of public or private recreation areas and other public
262 grounds.
263 (b) "Urban renewal" means "redevelopment," as defined under the law in effect before
264 May 1, 2006, if the context requires.
265 Section 2. Section 17C-1-402 is amended to read:
266 17C-1-402. Taxing entity committee.
267 (1) Each agency that adopts or proposes to adopt a post-June 30, 1993 urban renewal or
268 economic development project area plan shall, and any other agency may, cause a taxing entity
269 committee to be created.
270 (2) (a) (i) Each taxing entity committee shall be composed of:
271 (A) two school district representatives appointed as provided in Subsection (2)(a)(ii);
272 (B) (I) in a county of the second, third, fourth, fifth, or sixth class, two representatives
273 appointed by resolution of the legislative body of the county in which the agency is located; or

274 (II) in a county of the first class, one representative appointed by the county executive
275 and one representative appointed by the legislative body of the county in which the agency is
276 located;
277 (C) if the agency was created by a city or town, two representatives appointed by
278 resolution of the legislative body of that city or town;
279 (D) one representative appointed by the State Board of Education; and
280 (E) one representative selected by majority vote of the legislative bodies or governing
281 boards of all other taxing entities that levy a tax on property within the agency's boundaries, to
282 represent the interests of those taxing entities on the taxing entity committee.
283 (ii) (A) If the agency boundaries include only one school district, that school district
284 shall appoint the two school district representatives under Subsection (2)(a)(i)(A).
285 (B) If the agency boundaries include more than one school district, those school
286 districts shall jointly appoint the two school district representatives under Subsection
287 (2)(a)(i)(A).
288 (b) (i) Each taxing entity committee representative under Subsection (2)(a) shall be
289 appointed within 30 days after the agency provides notice of the creation of the taxing entity
290 committee.
291 (ii) If a representative is not appointed within the time required under Subsection
292 (2)(b)(i), the agency board may appoint a person to serve on the taxing entity committee in the
293 place of the missing representative until that representative is appointed.
294 (c) (i) A taxing entity committee representative may be appointed for a set term or
295 period of time, as determined by the appointing authority under Subsection (2)(a)(i).
296 (ii) Each taxing entity committee representative shall serve until a successor is
297 appointed and qualified.
298 (d) (i) Upon the appointment of each representative under Subsection (2)(a)(i), whether
299 an initial appointment or an appointment to replace an already serving representative, the
300 appointing authority shall:
301 (A) notify the agency in writing of the name and address of the newly appointed
302 representative; and
303 (B) provide the agency a copy of the resolution making the appointment or, if the
304 appointment is not made by resolution, other evidence of the appointment.

305 (ii) Each appointing authority of a taxing entity committee representative under
306 Subsection (2)(a)(i) shall notify the agency in writing of any change of address of a
307 representative appointed by that appointing authority.
308 (3) A taxing entity committee represents all taxing entities regarding an urban renewal
309 or economic development project area and may:
310 (a) cast votes that will be binding on all taxing entities;
311 (b) negotiate with the agency concerning a draft project area plan;
312 (c) approve or disapprove a project area budget as provided in Section 17C-2-204 for
313 an urban renewal project area budget and Section 17C-3-203 for an economic development
314 project area budget;
315 (d) approve or disapprove amendments to a project area budget as provided in Section
316 17C-2-206 for an urban renewal project area budget and Section 17C-3-205 for an economic
317 development project area budget;
318 (e) approve exceptions to the limits on the value and size of a project area imposed
319 under this title;
320 (f) approve exceptions to the percentage of tax increment and the period of time that
321 tax increment is paid to the agency as provided in this title;
322 (g) approve the use of tax increment for publicly owned infrastructure and
323 improvements outside of an urban renewal or economic development project area that the
324 agency and community legislative body determine to be of benefit to the urban renewal or
325 economic development project area, as provided in Subsection 17C-1-409 (1)(a)(iii)(D);
326 (h) waive the restrictions imposed by Subsection 17C-2-202 (1); and
327 (i) give other taxing entity committee approval or consent required or allowed under
328 this title.
329 (4) A quorum of a taxing entity committee consists of:
330 (a) if the urban renewal or economic development project area is located within a city
331 or town, five members; or
332 (b) if the urban renewal or economic development project area is not located within a
333 city or town, four members.
334 (5) Taxing entity committee approval, consent, or other action requires the affirmative
335 vote of two-thirds of all members present at a taxing entity committee meeting at which a

336 quorum is present.
337 (6) (a) An agency may call a meeting of the taxing entity committee by sending written
338 notice to the members of the taxing entity committee at least ten days before the date of the
339 meeting.
340 (b) Each notice under Subsection (6)(a) shall be accompanied by:
341 (i) the proposed agenda for the taxing entity committee meeting; and
342 (ii) if not previously provided and if they exist and are to be considered at the meeting:
343 (A) the urban renewal or economic development project area plan or proposed plan;
344 (B) the urban renewal or economic development project area budget or proposed
345 budget;
346 (C) the analysis required under Subsection 17C-2-103 (2) or 17C-3-103 (2);
347 (D) the blight study;
348 (E) the agency's resolution making a finding of blight under Subsection
349 17C-2-102 (1)(a)[(iv)] (ii)(B); and
350 (F) other documents to be considered by the taxing entity committee at the meeting.
351 (7) (a) A taxing entity committee may not vote on a proposed urban renewal or
352 economic development project area budget or proposed amendment to an urban renewal or
353 economic development project area budget at the first meeting at which the proposed budget or
354 amendment is considered unless all members of the taxing entity committee present at the
355 meeting consent.
356 (b) A second taxing entity committee meeting to consider an urban renewal or
357 economic development project area budget or a proposed amendment to an urban renewal or
358 economic development project area budget may not be held within 14 days after the first
359 meeting unless all members of the taxing entity committee present at the first meeting consent.
360 (8) Each taxing entity committee shall meet at least annually during the time that the
361 agency receives tax increment under an urban renewal or economic development project area
362 budget in order to review the status of the project area.
363 (9) Each taxing entity committee shall be governed by Title 52, Chapter 4, Open and
364 Public Meetings Act.
365 (10) Each time a school district representative or a representative of the State Board of
366 Education votes as a member of a taxing entity committee to allow an agency to be paid tax

367 increment or to increase the amount or length of time that an agency may be paid tax
368 increment, that representative shall, within 45 days after the vote, provide to the
369 representative's respective school board an explanation in writing of the representative's vote
370 and the reasons for the vote.
371 (11) (a) The auditor of each county in which the agency is located shall provide a
372 written report to the taxing entity committee stating, with respect to property within each urban
373 renewal and economic development project area:
374 (i) the base taxable value, as adjusted by any adjustments under Section 17C-1-408 ;
375 and
376 (ii) the assessed value.
377 (b) With respect to the information required under Subsection (11)(a), the auditor shall
378 provide:
379 (i) actual amounts for each year from the adoption of the urban renewal and economic
380 development project area plan to the time of the report; and
381 (ii) estimated amounts for each year beginning the year after the time of the report and
382 ending the time that the agency expects no longer to be paid tax increment from property
383 within the urban renewal and economic development project area.
384 (c) The auditor of the county in which the agency is located shall provide a report
385 under this Subsection (11):
386 (i) at least annually; and
387 (ii) upon request of the taxing entity committee, before a taxing entity committee
388 meeting at which the committee will consider whether to allow the agency to be paid tax
389 increment or to increase the amount of tax increment that the agency may be paid or the length
390 of time that the agency may be paid tax increment.
391 (12) This section does not apply to a community development project area plan.
392 Section 3. Section 17C-1-409 is amended to read:
393 17C-1-409. Allowable uses of tax increment and sales tax.
394 (1) (a) An agency may use tax increment and sales tax proceeds received from a taxing
395 entity:
396 (i) for any of the purposes for which the use of tax increment is authorized under this
397 title;

398 (ii) for administrative, overhead, legal, and other operating expenses of the agency; or
399 (iii) to pay for, including financing or refinancing, all or part of:
400 (A) the urban renewal, economic development, or community development in the
401 project area from which the tax increment funds were collected;
402 (B) housing expenditures, projects, or programs as provided in Section 17C-1-411 or
403 17C-1-412 ;
404 (C) with the consent of the community legislative body and subject to Subsection (6),
405 the value of the land for and the cost of the installation and construction of any publicly owned
406 building, facility, structure, landscaping, or other improvement within the project area from
407 which the tax increment funds were collected; and
408 (D) [with the consent of the community legislative body and the taxing entity
409 committee,] the cost of the installation of publicly owned infrastructure and improvements
410 outside the project area from which the tax increment funds were collected if:
411 (I) (Aa) the community legislative body consents; and
412 (Bb) for an urban renewal or economic development project area, the taxing entity
413 committee consents; and
414 (II) the agency board and the community legislative body determine by resolution that
415 the publicly owned infrastructure and improvements are of benefit to the project area.
416 (b) The determination of the agency board and the community legislative body under
417 Subsection (1)(a)(iii)(D) regarding benefit to the project area shall be final and conclusive.
418 (2) Sales tax proceeds that an agency receives from another public entity are not
419 subject to the prohibition or limitations of Title 11, Chapter 41, Prohibition on Sales and Use
420 Tax Incentive Payments Act.
421 (3) An agency may use sales tax proceeds it receives under a resolution or interlocal
422 agreement under Section 17C-4-201 for the uses authorized in the resolution or interlocal
423 agreement.
424 (4) (a) An agency may contract with the community that created the agency or another
425 public entity to use tax increment to reimburse the cost of items authorized by this title to be
426 paid by the agency that have been or will be paid by the community or other public entity.
427 (b) If land has been or will be acquired or the cost of an improvement has been or will
428 be paid by another public entity and the land or improvement has been or will be leased to the

429 community, an agency may contract with and make reimbursement from tax increment funds to
430 the community.
431 (5) An agency created by a city of the first or second class may use tax increment from
432 one project area in another project area to pay all or part of the value of the land for and the
433 cost of the installation and construction of a publicly or privately owned convention center or
434 sports complex or any building, facility, structure, or other improvement related to the
435 convention center or sports complex, including parking and infrastructure improvements, if:
436 (a) construction of the convention center or sports complex or related building, facility,
437 structure, or other improvement is commenced on or before June 30, 2002; and
438 (b) the tax increment is pledged to pay all or part of the value of the land for and the
439 cost of the installation and construction of the convention center or sports complex or related
440 building, facility, structure, or other improvement.
441 (6) Notwithstanding any other provision of this title, an agency may not use tax
442 increment to construct municipal buildings, courts or other judicial buildings, or fire stations.
443 (7) Notwithstanding any other provision of this title, an agency may not use tax
444 increment under an urban renewal or economic development project area plan, to pay any of
445 the cost of the land, infrastructure, or construction of a stadium or arena constructed after
446 March 1, 2005, unless the tax increment has been pledged for that purpose before February 15,
447 2005.
448 Section 4. Section 17C-1-410 is amended to read:
449 17C-1-410. Agency may make payments to other taxing entities.
450 (1) Subject to Subsection (3), an agency may grant tax increment or other agency funds
451 to a taxing entity to offset some or all of the tax revenues that the taxing entity did not receive
452 because of tax increment paid to the agency.
453 (2) (a) Subject to Subsection (3), an agency may use tax increment or other agency
454 funds to pay to a school district an amount of money that the agency determines to be
455 appropriate to alleviate a financial burden or detriment borne by the school district because of
456 the urban renewal, economic development, or community development.
457 (b) Each agency that agrees to pay money to a school district under the authority of
458 Subsection (2)(a) shall provide a copy of that agreement to the State Board of Education.
459 (3) (a) If an agency intends to pay agency funds to one or more taxing entities under

460 Subsection (1) or (2) but does not intend to pay funds to all taxing entities in proportionally
461 equal amounts, the agency shall provide written notice to each taxing entity of its intent.
462 (b) (i) A taxing entity receiving notice under Subsection (3)(a) may elect not to have its
463 tax increment collected and used to pay funds to other taxing entities under this section.
464 (ii) Each election under Subsection (3)(b)(i) shall be:
465 (A) in writing; and
466 (B) delivered to the agency within 30 days after the taxing entity's receipt of the notice
467 under Subsection (3)(a).
468 (c) If a taxing entity makes an election under Subsection (3)(b), the portion of that
469 taxing entity's tax increment that would have been used by the agency to pay funds under this
470 section to one or more other taxing entities may not be collected [from] by the [taxing entity]
471 agency.
472 Section 5. Section 17C-1-411 is amended to read:
473 17C-1-411. Agency may use tax increment for housing costs in other project
474 areas -- Funds to be held in separate accounts.
475 (1) An agency may:
476 (a) use tax increment from a project area to pay all or part of the value of the land for
477 and the cost of installation, construction, and rehabilitation of any building, facility, structure,
478 or other housing improvement, including infrastructure improvements related to housing,
479 located in any project area within the agency's boundaries; and
480 (b) use up to 20% of tax increment:
481 (i) outside of project areas for the purpose of:
482 (A) replacing housing units lost by urban renewal, economic development, or
483 community development[,]; or
484 (B) increasing, improving, and preserving generally the affordable housing supply of
485 the community that created the agency[.]; or
486 (ii) for relocating mobile home park residents displaced by development, whether
487 inside or outside a project area.
488 (2) (a) Each agency shall separately account for funds allocated under this section.
489 (b) Interest earned by the housing fund and any payments or repayments made to the
490 agency for loans, advances, or grants of any kind from the fund, shall accrue to the housing

491 fund.
492 (c) Each agency designating a housing fund under this section shall use the fund for:
493 (i) the purposes set forth in this section; or
494 (ii) the purposes set forth in this title relating to the urban renewal, economic
495 development, or community development project area from which the funds originated.
496 (3) An agency may lend, grant, or contribute funds from the housing fund to a person,
497 public entity, housing authority, private entity or business, or nonprofit corporation for
498 affordable housing.
499 Section 6. Section 17C-1-412 is amended to read:
500 17C-1-412. Income targeted housing -- Agency may use tax increment for income
501 targeted housing.
502 (1) (a) Each agency shall use all funds allocated for housing under this section to:
503 (i) pay part or all of the cost of land or construction of income targeted housing within
504 the community that created the agency, if practicable in a mixed income development or area;
505 (ii) pay part or all of the cost of rehabilitation of income targeted housing within the
506 community that created the agency;
507 (iii) pay part or all of the cost of land or installation, construction, or rehabilitation of
508 any building, facility, structure, or other housing improvement, including infrastructure
509 improvements, related to housing located in a project area where blight has been found to exist;
510 (iv) replace housing units lost as a result of the urban renewal, economic development,
511 or community development;
512 (v) make payments on or establish a reserve fund for bonds:
513 (A) issued by the agency, the community, or the housing authority that provides
514 income targeted housing within the community; and
515 (B) all or part of the proceeds of which are used within the community for the purposes
516 stated in Subsection (1)(a)(i), (ii), (iii), or (iv); [or]
517 (vi) if the community's fair share ratio at the time of the first adoption of the project
518 area budget is at least 1.1 to 1.0, make payments on bonds:
519 (A) that were previously issued by the agency, the community, or the housing authority
520 that provides income targeted housing within the community; and
521 (B) all or part of the proceeds of which were used within the community for the

522 purposes stated in Subsection (1)(a)(i), (ii), (iii), or (iv)[.]; or
523 (vii) relocate mobile home park residents displaced by an urban renewal, economic
524 development, or community development project.
525 (b) As an alternative to the requirements of Subsection (1)(a), an agency may pay all or
526 any portion of housing funds to:
527 (i) the community for use as provided under Subsection (1)(a);
528 (ii) the housing authority that provides income targeted housing within the community
529 for use in providing income targeted housing within the community; or
530 (iii) the Olene Walker Housing Loan Fund, established under Title 9, Chapter 4, Part 7,
531 Olene Walker Housing Loan Fund, for use in providing income targeted housing within the
532 community.
533 (2) The agency or community shall separately account for the housing funds, together
534 with all interest earned by the housing funds and all payments or repayments for loans,
535 advances, or grants from the housing funds.
536 (3) In using housing funds under Subsection (1)(a), an agency may lend, grant, or
537 contribute housing funds to a person, public body, housing authority, private entity or business,
538 or nonprofit organization for use as provided in Subsection (1)(a).
539 (4) An agency may:
540 (a) issue bonds from time to time to finance a housing undertaking under this section,
541 including the payment of principal and interest upon advances for surveys and plans or
542 preliminary loans; and
543 (b) issue refunding bonds for the payment or retirement of bonds under Subsection
544 (4)(a) previously issued by the agency.
545 (5) (a) If an agency fails to provide housing funds in accordance with the project area
546 budget and, if applicable, the housing plan adopted under Subsection 17C-2-204 (2), the loan
547 fund board may bring legal action to compel the agency to provide the housing funds.
548 (b) In an action under Subsection (5)(a), the court:
549 (i) shall award the loan fund board a reasonable [attorney's] attorney fee, unless the
550 court finds that the action was frivolous; and
551 (ii) may not award the agency its [attorney's] attorney fees, unless the court finds that
552 the action was frivolous.

553 Section 7. Section 17C-2-102 is amended to read:
554 17C-2-102. Process for adopting urban renewal project area plan -- Prerequisites
555 -- Restrictions.
556 (1) (a) In order to adopt an urban renewal project area plan, after adopting a resolution
557 under Subsection 17C-2-101 (1) the agency shall:
558 (i) unless a finding of blight is based on a finding made under Subsection
559 17C-2-303 (1)(b) relating to a superfund site or an inactive industrial site:
560 (A) cause a blight study to be conducted within the survey area as provided in Section
561 17C-2-301 ;
562 [(ii)] (B) provide notice of a blight hearing as required under Part 5, Urban Renewal
563 Notice Requirements; and
564 [(iii)] (C) hold a blight hearing as provided in Section 17C-2-302 ; [and]
565 [(iv)] (ii) after the blight hearing has been held or, if no blight hearing is required under
566 Subsection (1)(a)(i), after adopting a resolution under Subsection 17C-2-101 (1), hold a board
567 meeting[, either in conjunction with the blight hearing or at a subsequent board meeting,] at
568 which the board shall:
569 (A) consider:
570 (I) the issue of blight and the evidence and information relating to the existence or
571 nonexistence of blight; and
572 (II) whether adoption of one or more urban renewal project area plans should be
573 pursued; and
574 (B) by resolution:
575 (I) make a finding regarding the existence of blight in the proposed urban renewal
576 project area;
577 (II) select one or more project areas comprising part or all of the survey area; and
578 (III) authorize the preparation of a draft project area plan for each project area;
579 [(v)] (iii) prepare a draft of a project area plan and conduct any examination,
580 investigation, and negotiation regarding the project area plan that the agency considers
581 appropriate;
582 [(vi)] (iv) make the draft project area plan available to the public at the agency's offices
583 during normal business hours;

584 [(vii)] (v) provide notice of the plan hearing as provided in Sections 17C-2-502 and
585 17C-2-504 ;
586 [(viii)] (vi) hold a public hearing on the draft project area plan and, at that public
587 hearing:
588 (A) allow public comment on:
589 (I) the draft project area plan; and
590 (II) whether the draft project area plan should be revised, approved, or rejected; and
591 (B) receive all written and hear all oral objections to the draft project area plan;
592 [(ix)] (vii) before holding the plan hearing, provide an opportunity for the State Board
593 of Education and each taxing entity that levies a tax on property within the proposed project
594 area to consult with the agency regarding the draft project area plan;
595 [(x)] (viii) if applicable, hold the election required under Subsection 17C-2-105 (3);
596 [(xi)] (ix) after holding the plan hearing, at the same meeting or at a subsequent
597 meeting consider:
598 (A) the oral and written objections to the draft project area plan and evidence and
599 testimony for and against adoption of the draft project area plan; and
600 (B) whether to revise, approve, or reject the draft project area plan;
601 [(xii)] (x) approve the draft project area plan, with or without revisions, as the project
602 area plan by a resolution that complies with Section 17C-2-106 ; and
603 [(xiii)] (xi) submit the project area plan to the community legislative body for
604 adoption.
605 (b) (i) If an agency makes a finding under Subsection (1)(a)[(iv)] (ii)(B) that blight
606 exists in the proposed urban renewal project area, the agency may not adopt the project area
607 plan until the taxing entity committee approves the finding of blight.
608 (ii) A taxing entity committee may not disapprove an agency's finding of blight unless
609 the committee demonstrates that the conditions the agency found to exist in the urban renewal
610 project area that support the agency's finding of blight under Section 17C-2-303 do not exist.
611 (2) An agency may not propose a project area plan under Subsection (1) unless the
612 community in which the proposed project area is located:
613 (a) has a planning commission; and
614 (b) has adopted a general plan under:

615 (i) if the community is a city or town, Title 10, Chapter 9a, Part 4, General Plan; or
616 (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
617 (3) (a) Subject to Subsection (3)(b), an agency board may not approve a project area
618 plan more than one year after adoption of a resolution making a finding of blight under
619 Subsection (1)(a)[(iv)] (ii)(B).
620 (b) If a project area plan is submitted to an election under Subsection 17C-2-105 (3),
621 the time between the plan hearing and the date of the election does not count for purposes of
622 calculating the year period under Subsection (3)(a).
623 (4) (a) Except as provided in Subsection (4)(b), a draft project area plan may not be
624 modified to add real property to the proposed project area unless the board holds a plan hearing
625 to consider the addition and gives notice of the plan hearing as required under Sections
626 17C-2-502 and 17C-2-504 .
627 (b) The notice and hearing requirements under Subsection (4)(a) do not apply to a draft
628 project area plan being modified to add real property to the proposed project area if:
629 (i) the property is contiguous to the property already included in the proposed project
630 area under the draft project area plan;
631 (ii) the record owner of the property consents to adding the real property to the
632 proposed project area; and
633 (iii) the property is located within the survey area.
634 Section 8. Section 17C-2-106 is amended to read:
635 17C-2-106. Board resolution approving urban renewal project area plan --
636 Requirements.
637 Each board resolution approving a draft urban renewal project area plan as the project
638 area plan under Subsection 17C-2-102 (1)(a)[(xii)] (x) shall contain:
639 (1) a legal description of the boundaries of the project area that is the subject of the
640 project area plan;
641 (2) the agency's purposes and intent with respect to the project area;
642 (3) the project area plan incorporated by reference;
643 (4) a statement that the board previously made a finding of blight within the project
644 area and the date of the board's finding of blight; and
645 (5) the board findings and determinations that:

646 (a) there is a need to effectuate a public purpose;
647 (b) there is a public benefit under the analysis described in Subsection 17C-2-103 (2);
648 (c) it is economically sound and feasible to adopt and carry out the project area plan;
649 (d) the project area plan conforms to the community's general plan; and
650 (e) carrying out the project area plan will promote the public peace, health, safety, and
651 welfare of the community in which the project area is located.
652 Section 9. Section 17C-2-110 is amended to read:
653 17C-2-110. Amending an urban renewal project area plan.
654 (1) An adopted urban renewal project area plan may be amended as provided in this
655 section.
656 (2) If an agency proposes to amend an adopted urban renewal project area plan to
657 enlarge the project area:
658 (a) subject to Subsection (2)(e), the requirements under this part that apply to adopting
659 a project area plan apply equally to the proposed amendment as if it were a proposed project
660 area plan;
661 (b) for a pre-July 1, 1993 project area plan, the base year taxable value for the new area
662 added to the project area shall be determined under Subsection 17C-1-102 (6)(a) using the
663 effective date of the amended project area plan;
664 (c) for a post-June 30, 1993 project area plan:
665 (i) the base year taxable value for the new area added to the project area shall be
666 determined under Subsection 17C-1-102 (6)(b) using the date of the taxing entity committee's
667 consent referred to in Subsection (2)(c)(ii); and
668 (ii) the agency shall obtain the consent of the taxing entity committee before the agency
669 may collect tax increment from the area added to the project area by the amendment;
670 (d) the agency shall make a finding regarding the existence of blight in the area
671 proposed to be added to the project area by following the procedure set forth in Subsections
672 17C-2-102 (1)(a)(i) [through (iv)] and (ii); and
673 (e) the agency need not make a finding regarding the existence of blight in the project
674 area as described in the original project area plan, if the agency made a finding of the existence
675 of blight regarding that project area in connection with adoption of the original project area
676 plan.

677 (3) If a proposed amendment does not propose to enlarge an urban renewal project area,
678 an agency board may adopt a resolution approving an amendment to an adopted project area
679 plan after:
680 (a) the agency gives notice, as provided in Section 17C-2-502 , of the proposed
681 amendment and of the public hearing required by Subsection (3)(b);
682 (b) the agency board holds a public hearing on the proposed amendment that meets the
683 requirements of a plan hearing;
684 (c) the agency obtains the taxing entity committee's consent to the amendment, if the
685 amendment proposes:
686 (i) to enlarge the area within the project area from which tax increment is collected;
687 (ii) to permit the agency to receive a greater percentage of tax increment or to receive
688 tax increment for a longer period of time, or both, than allowed under the adopted project area
689 plan; or
690 (iii) for an amendment to a project area plan that was adopted before April 1, 1983, to
691 expand the area from which tax increment is collected to exceed 100 acres of private property;
692 and
693 (d) the agency obtains the consent of the legislative body or governing board of each
694 taxing entity affected, if the amendment proposes to permit the agency to receive, from less
695 than all taxing entities, a greater percentage of tax increment or to receive tax increment for a
696 longer period of time, or both, than allowed under the adopted project area plan.
697 (4) (a) An adopted urban renewal project area plan may be amended without
698 complying with the notice and public hearing requirements of Subsections (2)(a) and (3)(a) and
699 (b) and without obtaining taxing entity committee approval under Subsection (3)(c) if the
700 amendment:
701 (i) makes a minor adjustment in the legal description of a project area boundary
702 requested by a county assessor or county auditor to avoid inconsistent property boundary lines;
703 or
704 (ii) subject to Subsection (4)(b), removes a parcel of real property from a project area
705 because the agency determines that:
706 (A) the parcel is no longer blighted; or
707 (B) inclusion of the parcel is no longer necessary or desirable to the project area.

708 (b) An amendment removing a parcel of real property from a project area under
709 Subsection (4)(a)(ii) may not be made without the consent of the record property owner of the
710 parcel being removed.
711 (5) (a) An amendment approved by board resolution under this section may not take
712 effect until adopted by ordinance of the legislative body of the community in which the project
713 area that is the subject of the project area plan being amended is located.
714 (b) Upon a community legislative body passing an ordinance adopting an amendment
715 to a project area plan, the agency whose project area plan was amended shall comply with the
716 requirements of Section 17C-2-109 to the same extent as if the amendment were a project area
717 plan.
718 Section 10. Section 17C-2-202 is amended to read:
719 17C-2-202. Combined incremental value -- Restriction against adopting an urban
720 renewal project area budget -- Taxing entity committee may waive restriction.
721 (1) Except as provided in Subsection (2), an agency may not adopt an urban renewal
722 project area budget if, at the time the urban renewal project area budget is being considered, the
723 combined incremental value for the agency exceeds 10% of the total taxable value of property
724 within the agency's boundaries in the year that the urban renewal project area budget is being
725 considered.
726 (2) (a) A taxing entity committee may waive the restrictions imposed by Subsection
727 (1).
728 (b) Subsection (1) does not apply to an urban renewal project area budget if the
729 agency's finding of blight in the project area to which the budget relates is based solely on a
730 finding under Subsection 17C-2-303 (1)(b).
731 Section 11. Section 17C-2-301 is amended to read:
732 17C-2-301. Blight study -- Requirements -- Deadline.
733 (1) Each blight study required under Subsection 17C-2-102 (1)(a)(i)(A) shall:
734 (a) undertake a parcel by parcel survey of the survey area;
735 (b) provide data so the board and taxing entity committee may determine:
736 (i) whether the conditions described in Subsection 17C-2-303 (1):
737 (A) exist in part or all of the survey area; and
738 (B) qualify an area within the survey area as a project area; and

739 (ii) whether the survey area contains all or part of a superfund site or an inactive
740 industrial site;
741 (c) include a written report setting forth:
742 (i) the conclusions reached;
743 (ii) any recommended area within the survey area qualifying as a project area; and
744 (iii) any other information requested by the agency to determine whether an urban
745 renewal project area is feasible; and
746 (d) be completed within one year after the adoption of the survey area resolution.
747 (2) (a) If a blight study is not completed within one year after the adoption of the
748 resolution under Subsection 17C-2-101 (1) designating a survey area, the agency may not
749 approve an urban renewal project area plan based on that blight study unless it first adopts a
750 new resolution under Subsection 17C-2-101 (1).
751 (b) A new resolution under Subsection (2)(a) shall in all respects be considered to be a
752 resolution under Subsection 17C-2-101 (1) adopted for the first time, except that any actions
753 taken toward completing a blight study under the resolution that the new resolution replaces
754 shall be considered to have been taken under the new resolution.
755 Section 12. Section 17C-2-302 is amended to read:
756 17C-2-302. Blight hearing -- Owners may review evidence of blight.
757 (1) In each hearing required under Subsection 17C-2-102 (1)(a)[(iii)](i)(C), the agency
758 shall:
759 (a) permit all evidence of the existence or nonexistence of blight within the proposed
760 urban renewal project area to be presented; and
761 (b) permit each record owner of property located within the proposed urban renewal
762 project area or the record property owner's representative the opportunity to:
763 (i) examine and cross-examine witnesses providing evidence of the existence or
764 nonexistence of blight; and
765 (ii) present evidence and testimony, including expert testimony, concerning the
766 existence or nonexistence of blight.
767 (2) The agency shall allow record owners of property located within a proposed urban
768 renewal project area the opportunity, for at least 30 days before the hearing, to review the
769 evidence of blight compiled by the agency or by the person or firm conducting the blight study

770 for the agency, including any expert report.
771 Section 13. Section 17C-2-303 is amended to read:
772 17C-2-303. Conditions on board determination of blight -- Conditions of blight
773 caused by the developer.
774 (1) An agency board may not make a finding of blight in a resolution under Subsection
775 17C-2-102 (1)(a)(ii)(B) unless the board finds that:
776 (a) (i) the proposed project area consists predominantly of nongreenfield parcels;
777 (ii) the proposed project area is currently zoned for urban purposes and generally
778 served by utilities;
779 (iii) at least 50% of the parcels within the proposed project area contain nonagricultural
780 or nonaccessory buildings or improvements used or intended for residential, commercial,
781 industrial, or other urban purposes, or any combination of those uses;
782 (iv) the present condition or use of the proposed project area substantially impairs the
783 sound growth of the municipality, retards the provision of housing accommodations, or
784 constitutes an economic liability or is detrimental to the public health, safety, or welfare, as
785 shown by the existence within the proposed project area of at least four of the following
786 factors:
787 (A) one of the following, although sometimes interspersed with well maintained
788 buildings and infrastructure:
789 (I) substantial physical dilapidation, deterioration, or defective construction of
790 buildings or infrastructure; or
791 (II) significant noncompliance with current building code, safety code, health code, or
792 fire code requirements or local ordinances;
793 (B) unsanitary or unsafe conditions in the proposed project area that threaten the
794 health, safety, or welfare of the community;
795 (C) environmental hazards, as defined in state or federal law, that require remediation
796 as a condition for current or future use and development;
797 (D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for
798 urban use and served by utilities;
799 (E) abandoned or outdated facilities that pose a threat to public health, safety, or
800 welfare;

801 (F) criminal activity in the project area, higher than that of comparable nonblighted
802 areas in the municipality or county; and
803 (G) defective or unusual conditions of title rendering the title nonmarketable; and
804 (v) (A) at least 50% of the parcels within the proposed project area are affected by at
805 least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv); and
806 (B) the affected parcels comprise at least 66% of the acreage of the proposed project
807 area; or
808 (b) the proposed project area includes some or all of a superfund site or an inactive
809 industrial site.
810 (2) No single parcel comprising 10% or more of the acreage of the proposed project
811 area may be counted as satisfying Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of
812 that parcel is occupied by buildings or improvements.
813 (3) (a) For purposes of Subsection (1), if a developer involved in the urban renewal
814 project has caused a condition listed in Subsection (1)(a)(iv) within the proposed project area,
815 that condition may not be used in the determination of blight.
816 (b) Subsection (3)(a) does not apply to a condition that was caused by an owner or
817 tenant who becomes a developer.
818 Section 14. Section 17C-2-304 is amended to read:
819 17C-2-304. Challenging a finding of blight -- Time limit -- De novo review.
820 (1) If the board makes a finding of blight under Subsection 17C-2-102 (1)(a)(ii)(B) and
821 that finding is approved by resolution adopted by the taxing entity committee, a record owner
822 of property located within the proposed urban renewal project area may challenge the finding
823 by filing an action with the district court for the county in which the property is located.
824 (2) Each challenge under Subsection (1) shall be filed within 30 days after the taxing
825 entity committee approves the board's finding of blight.
826 (3) In each action under this section, the district court shall review the finding of blight
827 under the standards of review provided in Subsection 10-9a-801 (3).
828 Section 15. Section 17C-4-202 is amended to read:
829 17C-4-202. Resolution or interlocal agreement to provide funds for the
830 community development project area plan -- Notice -- Effective date of resolution or
831 interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability

832 of resolution or interlocal agreement.
833 (1) The approval and adoption of each resolution or interlocal agreement under
834 Subsection 17C-4-201 (2) shall be in an open and public meeting.
835 (2) (a) Upon the adoption of a resolution or interlocal agreement under Section
836 17C-4-201 , the agency shall provide notice as provided in Subsection (2)(b) by:
837 (i) publishing or causing to be published a notice in a newspaper of general circulation
838 within the agency's boundaries; or
839 (ii) if there is no newspaper of general circulation within the agency's boundaries,
840 causing a notice to be posted in at least three public places within the agency's boundaries.
841 (b) Each notice under Subsection (2)(a) shall:
842 (i) set forth a summary of the resolution or interlocal agreement; and
843 (ii) include a statement that the resolution or interlocal agreement is available for
844 general public inspection and the hours of inspection.
845 (3) The resolution or interlocal agreement shall become effective on the date of:
846 (a) if notice was published under Subsection (2)(a), publication of the notice; or
847 (b) if notice was posted under Subsection (2)(a), posting of the notice.
848 (4) (a) For a period of 30 days after the effective date of the resolution or interlocal
849 agreement under Subsection (3), any person in interest may contest the resolution or interlocal
850 agreement or the procedure used to adopt the resolution or interlocal agreement if the
851 resolution or interlocal agreement or procedure fails to comply with applicable statutory
852 requirements.
853 (b) After the 30-day period under Subsection (4)(a) expires, no person may contest the
854 resolution or interlocal agreement for any cause.
855 (5) Each agency that is to receive funds under a resolution or interlocal agreement
856 under Section 17C-4-201 and each taxing entity or public agency that approves a resolution or
857 enters into an interlocal agreement under Section 17C-4-201 shall make the resolution or
858 interlocal agreement, as the case may be, available at its offices to the general public for
859 inspection and copying during normal business hours.