1     
UTAH INLAND PORT AUTHORITY AMENDMENTS

2     
2018 SECOND SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     Authority Jurisdictional Land Boundary Information:
9          The boundary information for the authority jurisdictional land of the Utah Inland Port
10     Authority:
11          ▸     is delineated in a shapefile that:
12               •     is enacted as part of this bill in electronic form;
13               •     may be found at: https://le.utah.gov/~2018S2/documents/HB2001_shapefile.zip;
14     and
15               •     has the following electronic file security code:
16     9324ca0a28652ad3a1b3797c4f924f35; and
17          ▸     is also depicted in a format that:
18               •     is intended to be more accessible to the general public and is provided for
19     informational purposes only;
20               •     shows the same boundary as delineated in the shapefile, but is not enacted as
21     part of this bill; and
22               •     may be found at:
23     https://www.google.com/maps/d/viewer?mid=1iI1-ZIVBeCAbT6CtRxygAdOE
24     sJCqvGGw.
25     General Description:
26          This bill, which includes this printed text and the electronic data affiliated with it,
27     modifies provisions relating to the Utah Inland Port Authority.
28     Highlighted Provisions:
29          This bill:
30          ▸     establishes the Utah Inland Port Authority authority jurisdictional land boundary
31     shapefile in the electronic file that is part of this bill in electronic form, as the legal
32     boundary of the authority jurisdictional land;
33          ▸     modifies and enacts definitions relating to the Utah Inland Port Authority Act;
34          ▸     modifies provisions relating to Utah Inland Port Authority powers and duties;
35          ▸     modifies a provision relating to the policies and objectives of the Utah Inland Port
36     Authority;
37          ▸     enacts language relating to municipal services within the authority jurisdictional
38     land and the authority's sharing of property tax differential to pay for those services;
39          ▸     enacts provisions relating to the sharing of property tax differential with other
40     taxing entities;
41          ▸     modifies a provision relating to the membership of the board of the Utah Inland Port
42     Authority;
43          ▸     provides for the board appointment of board officers and authorizes the board to
44     appoint advisory committees;
45          ▸     modifies provisions relating to limitations on board members and authority
46     employees;
47          ▸     modifies provisions relating to appeals to the Utah Inland Port Authority appeals
48     panel and the process for and standards applicable to an appeal;
49          ▸     modifies provisions relating to property tax differential, including the uses of
50     property tax differential;
51          ▸     modifies the time for the authority to adopt its initial annual budget;
52          ▸     modifies authority reporting requirements; and
53          ▸     makes technical and conforming changes.
54     Money Appropriated in this Bill:
55          None
56     Other Special Clauses:
57          This bill provides a special effective date.
58     Utah Code Sections Affected:
59     AMENDS:
60          10-9a-509.5, as last amended by Laws of Utah 2010, Chapter 378
61          10-9a-701, as last amended by Laws of Utah 2017, Chapter 17
62          10-9a-708, as last amended by Laws of Utah 2006, Chapter 240
63          11-58-102, as enacted by Laws of Utah 2018, Chapter 179
64          11-58-202, as enacted by Laws of Utah 2018, Chapter 179
65          11-58-203, as enacted by Laws of Utah 2018, Chapter 179
66          11-58-205, as enacted by Laws of Utah 2018, Chapter 179
67          11-58-302, as enacted by Laws of Utah 2018, Chapter 179
68          11-58-303, as enacted by Laws of Utah 2018, Chapter 179
69          11-58-304, as enacted by Laws of Utah 2018, Chapter 179
70          11-58-401, as enacted by Laws of Utah 2018, Chapter 179
71          11-58-403, as enacted by Laws of Utah 2018, Chapter 179
72          11-58-601, as enacted by Laws of Utah 2018, Chapter 179
73          11-58-602, as enacted by Laws of Utah 2018, Chapter 179
74          11-58-801, as enacted by Laws of Utah 2018, Chapter 179
75          11-58-803, as enacted by Laws of Utah 2018, Chapter 179
76          11-58-806, as enacted by Laws of Utah 2018, Chapter 179
77     ENACTS:
78          11-58-402.5, Utah Code Annotated 1953
79     REPEALS:
80          11-58-204, as enacted by Laws of Utah 2018, Chapter 179
81          11-58-404, as enacted by Laws of Utah 2018, Chapter 179
82     

83     Be it enacted by the Legislature of the state of Utah:
84          Section 1. Section 10-9a-509.5 is amended to read:
85          10-9a-509.5. Review for application completeness -- Substantive application
86     review -- Reasonable diligence required for determination of whether improvements or
87     warranty work meets standards -- Money damages claim prohibited.
88          (1) (a) Each municipality shall, in a timely manner, determine whether an application is
89     complete for the purposes of subsequent, substantive land use authority review.
90          (b) After a reasonable period of time to allow the municipality diligently to evaluate
91     whether all objective ordinance-based application criteria have been met, if application fees
92     have been paid, the applicant may in writing request that the municipality provide a written
93     determination either that the application is:
94          (i) complete for the purposes of allowing subsequent, substantive land use authority
95     review; or
96          (ii) deficient with respect to a specific, objective, ordinance-based application
97     requirement.
98          (c) Within 30 days of receipt of an applicant's request under this section, the
99     municipality shall either:
100          (i) mail a written notice to the applicant advising that the application is deficient with
101     respect to a specified, objective, ordinance-based criterion, and stating that the application shall
102     be supplemented by specific additional information identified in the notice; or
103          (ii) accept the application as complete for the purposes of further substantive
104     processing by the land use authority.
105          (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
106     shall be considered complete, for purposes of further substantive land use authority review.
107          (e) (i) The applicant may raise and resolve in a single appeal any determination made
108     under this Subsection (1) to the appeal authority, including an allegation that a reasonable
109     period of time has elapsed under Subsection (1)(a).
110          (ii) The appeal authority shall issue a written decision for any appeal requested under
111     this Subsection (1)(e).
112          (f) (i) The applicant may appeal to district court the decision of the appeal authority
113     made under Subsection (1)(e).
114          (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
115     the written decision.
116          (2) (a) Each land use authority shall substantively review a complete application and an
117     application considered complete under Subsection (1)(d), and shall approve or deny each
118     application with reasonable diligence, subject to the time limit under Subsection
119     11-58-402.5(2) for an inland port use application, as defined in Section 11-58-401.
120          (b) After a reasonable period of time to allow the land use authority to consider an
121     application, the applicant may in writing request that the land use authority take final action
122     within 45 days from date of service of the written request.
123          (c) The land use authority shall take final action, approving or denying the application
124     within 45 days of the written request.
125          (d) If the land use authority denies an application processed under the mandates of
126     Subsection (2)(b), or if the applicant has requested a written decision in the application, the
127     land use authority shall include its reasons for denial in writing, on the record, which may
128     include the official minutes of the meeting in which the decision was rendered.
129          (e) If the land use authority fails to comply with Subsection (2)(c), the applicant may
130     appeal this failure to district court within 30 days of the date on which the land use authority is
131     required to take final action under Subsection (2)(c).
132          (3) (a) With reasonable diligence, each land use authority shall determine whether the
133     installation of required subdivision improvements or the performance of warranty work meets
134     the municipality's adopted standards.
135          (b) (i) An applicant may in writing request the land use authority to accept or reject the
136     applicant's installation of required subdivision improvements or performance of warranty work.
137          (ii) The land use authority shall accept or reject subdivision improvements within 15
138     days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
139     practicable after that 15-day period if inspection of the subdivision improvements is impeded
140     by winter weather conditions.
141          (iii) The land use authority shall accept or reject the performance of warranty work
142     within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
143     soon as practicable after that 45-day period if inspection of the warranty work is impeded by
144     winter weather conditions.
145          (c) If a land use authority determines that the installation of required subdivision
146     improvements or the performance of warranty work does not meet the municipality's adopted
147     standards, the land use authority shall comprehensively and with specificity list the reasons for
148     its determination.
149          (4) Subject to Section 10-9a-509, nothing in this section and no action or inaction of
150     the land use authority relieves an applicant's duty to comply with all applicable substantive
151     ordinances and regulations.
152          (5) There shall be no money damages remedy arising from a claim under this section.
153          Section 2. Section 10-9a-701 is amended to read:
154          10-9a-701. Appeal authority required -- Condition precedent to judicial review --
155     Appeal authority duties.
156          (1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
157     or more appeal authorities to hear and decide:
158          (a) requests for variances from the terms of the land use ordinances;
159          (b) appeals from decisions applying the land use ordinances; and
160          (c) appeals from a fee charged in accordance with Section 10-9a-510.
161          (2) As a condition precedent to judicial review, each adversely affected person shall
162     timely and specifically challenge a land use authority's decision, in accordance with local
163     ordinance.
164          (3) An appeal authority:
165          (a) shall:
166          (i) act in a quasi-judicial manner; and
167          (ii) serve as the final arbiter of issues involving the interpretation or application of land
168     use ordinances, except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel,
169     for an appeal of an inland port use appeal decision, as defined in Section 11-58-401; and
170          (b) may not entertain an appeal of a matter in which the appeal authority, or any
171     participating member, had first acted as the land use authority.
172          (4) By ordinance, a municipality may:
173          (a) designate a separate appeal authority to hear requests for variances than the appeal
174     authority it designates to hear appeals;
175          (b) designate one or more separate appeal authorities to hear distinct types of appeals
176     of land use authority decisions;
177          (c) require an adversely affected party to present to an appeal authority every theory of
178     relief that it can raise in district court;
179          (d) not require an adversely affected party to pursue duplicate or successive appeals
180     before the same or separate appeal authorities as a condition of the adversely affected party's
181     duty to exhaust administrative remedies; and
182          (e) provide that specified types of land use decisions may be appealed directly to the
183     district court.
184          (5) If the municipality establishes or, prior to the effective date of this chapter, has
185     established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
186     board, body, or panel shall:
187          (a) notify each of its members of any meeting or hearing of the board, body, or panel;
188          (b) provide each of its members with the same information and access to municipal
189     resources as any other member;
190          (c) convene only if a quorum of its members is present; and
191          (d) act only upon the vote of a majority of its convened members.
192          (6) (a) Each municipality that designates a historic preservation district or area shall, by
193     ordinance, establish or designate a historic preservation appeal authority.
194          (b) A historic preservation appeal authority shall:
195          (i) be comprised of the members of the governing body;
196          (ii) exercise only administrative authority and act in a quasi-judicial manner; and
197          (iii) hear and decide appeals from administrative decisions of the historic preservation
198     authority.
199          (c) An applicant appealing an administrative decision of the historic preservation
200     authority may appeal to either:
201          (i) the historic preservation appeal authority; or
202          (ii) the land use appeal authority established under Subsection (1).
203          Section 3. Section 10-9a-708 is amended to read:
204          10-9a-708. Final decision.
205          (1) A decision of an appeal authority takes effect on the date when the appeal authority
206     issues a written decision, or as otherwise provided by ordinance.
207          (2) A written decision, or other event as provided by ordinance, constitutes a final
208     decision under Subsection 10-9a-801(2)(a) or a final action under Subsection 10-9a-801(4),
209     except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel, for an appeal of
210     an inland port use appeal decision, as defined in Section 11-58-401.
211          Section 4. Section 11-58-102 is amended to read:
212          11-58-102. Definitions.
213          As used in this chapter:
214          (1) "Authority" means the Utah Inland Port Authority, created in Section 11-58-201.
215          (2) "Authority jurisdictional land"[:] means land within the authority boundary
216     delineated in the electronic shapefile that:
217          (a) is the electronic component of H.B. 2001, Utah Inland Port Authority Amendments,
218     2018 Second Special Session; and
219          (b) may be accessed via the Utah Legislature's website.
220          [(a) means:]
221          [(i) land north of I-80 in Salt Lake City that has:]
222          [(A) a northern boundary defined by the northern boundary of Salt Lake City;]
223          [(B) an eastern boundary defined by I-215;]
224          [(C) a southern boundary defined by I-80; and]
225          [(D) a western boundary defined by the western boundary of Salt Lake City's
226     Northwest Quadrant Master Plan Area as of January 1, 2018; and]
227          [(ii) land south of I-80 that has:]
228          [(A) a northern boundary defined by I-80;]
229          [(B) an eastern boundary that begins at the intersection of I-80 and Bangerter Highway
230     and follows Bangerter Highway south to SR 201 and turns west to follow SR 201 to 5600 West
231     and turns south to follow 5600 West to the Riter Canal;]
232          [(C) a southern boundary that begins at the intersection of 5600 West and the Riter
233     Canal and follows the Riter Canal west to 7600 West and turns south along 7600 West to the
234     northern boundary of developed property and turns west to run along the northern edge of
235     developed property, jutting north to follow the northern boundary of developed properties
236     straddling 8000 West, and continuing west along the northern boundary of developed
237     properties to the western edge of developed property and turns north to SR 201 and turns east
238     along SR 201 to the eastern edge of the tailings property; and]
239          [(D) a western boundary defined by the eastern edge of the tailings property; and]
240          [(b) excludes:]
241          [(i) the Salt Lake City airport; and]
242          [(ii) an area north of I-80 in Salt Lake City and west of the Salt Lake City airport,
243     commonly known as the International Center, that has:]
244          [(A) a northern boundary defined by the north boundary of properties on the north side
245     of and fronting Harold Gatty Drive;]
246          [(B) an eastern boundary defined by the eastern boundary of Salt Lake City's Northwest
247     Quadrant Master Plan Area as of January 1, 2018;]
248          [(C) a southern boundary defined by I-80; and]
249          [(D) a western boundary defined by a north-south line that aligns with John Glenn
250     Road.]
251          (3) "Base taxable value" means the taxable value of property within any portion of a
252     project area, as designated by board resolution, from which the property tax differential will be
253     collected, as shown upon the assessment roll last equalized before the year in which the
254     authority adopts a project area plan for that area.
255          (4) "Board" means the authority's governing body, created in Section 11-58-301.
256          (5) "Business plan" means a plan designed to facilitate, encourage, and bring about
257     development of the authority jurisdictional land to achieve the goals and objectives described
258     in Subsection 11-58-203(1), including the development and establishment of an inland port.
259          (6) "Development" means:
260          (a) the demolition, construction, reconstruction, modification, expansion, or
261     improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
262     recreational amenity, or other facility, including publicly owned infrastructure and
263     improvements; and
264          (b) the planning of, arranging for, or participation in any of the activities listed in
265     Subsection (6)(a).
266          (7) "Development project" means a project for the development of land within a
267     project area.
268          (8) "Inland port" means one or more sites that:
269          (a) contain multimodal transportation assets [and the ability to allow] and other
270     facilities that:
271          (i) are related but may be separately owned and managed; and
272          (ii) together are intended to:
273          (A) allow global trade to be processed and altered by value-added services as goods
274     move through the supply chain; [and]
275          (B) provide a regional merging point for transportation modes for the distribution of
276     goods to and from ports and other locations in other regions;
277          (C) provide cargo-handling services to allow freight consolidation and distribution,
278     temporary storage, customs clearance, and connection between transport modes; and
279          (D) provide international logistics and distribution services, including freight
280     forwarding, customs brokerage, integrated logistics, and information systems; and
281          (b) may include a satellite customs clearance terminal, an intermodal distribution
282     facility, a customs pre-clearance for international trade, or other facilities that facilitate,
283     encourage, and enhance regional, national, and international trade.
284          (9) "Inland port use" means a use of land:
285          (a) for an inland port;
286          (b) that directly implements or furthers the purposes of an inland port, as stated in
287     Subsection (8);
288          (c) that complements or supports the purposes of an inland port, as stated in Subsection
289     (8); or
290          (d) that depends upon the presence of the inland port for the viability of the use.
291          (10) "Nonvoting member" means an individual appointed as a member of the board
292     under Subsection 11-58-302(6) who does not have the power to vote on matters of authority
293     business.
294          [(9)] (11) "Project area" means the authority jurisdictional land, whether consisting of a
295     single contiguous area or multiple noncontiguous areas, described in a project area plan or draft
296     project area plan, where the development project set forth in the project area plan or draft
297     project area plan takes place or is proposed to take place.
298          [(10)] (12) "Project area budget" means a multiyear projection of annual or cumulative
299     revenues and expenses and other fiscal matters pertaining to a project area.
300          [(11)] (13) "Project area plan" means a written plan that, after its effective date, guides
301     and controls the development within a project area.
302          [(12)] (14) "Property tax" includes a privilege tax and each levy on an ad valorem basis
303     on tangible or intangible personal or real property.
304          [(13)] (15) "Property tax differential" means the difference between:
305          (a) the amount of property tax revenues generated each tax year by all taxing entities
306     from a project area, using the current assessed value of the property; and
307          (b) the amount of property tax revenues that would be generated from that same area
308     using the base taxable value of the property.
309          [(14)] (16) "Public entity" means:
310          (a) the state, including each department, division, or other agency of the state; or
311          (b) a county, city, town, metro township, school district, local district, special service
312     district, interlocal cooperation entity, community reinvestment agency, or other political
313     subdivision of the state.
314          [(15)] (17) "Publicly owned infrastructure and improvements":
315          (a) means infrastructure, improvements, facilities, or buildings that:
316          (i) benefit the public; and
317          (ii) (A) are owned by a public entity or a utility; or
318          (B) are publicly maintained or operated by a public entity;
319          (b) includes:
320          (i) facilities, lines, or systems that provide:
321          (A) water, chilled water, or steam; or
322          (B) sewer, storm drainage, natural gas, electricity, or telecommunications service; and
323          (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
324     facilities, and public transportation facilities.
325          (18) "Shapefile" means the digital vector storage format for storing geometric location
326     and associated attribute information.
327          [(16)] (19) "Taxable value" means the value of property as shown on the last equalized
328     assessment roll as certified by the county assessor.
329          [(17)] (20) "Taxing entity" means a public entity that levies a tax on property within a
330     project area.
331          (21) "Voting member" means an individual appointed or designated as a member of the
332     board under Subsection 11-58-302(2).
333          Section 5. Section 11-58-202 is amended to read:
334          11-58-202. Port authority powers and duties.
335          (1) The authority has exclusive jurisdiction, responsibility, and power to coordinate the
336     efforts of all applicable state and local government entities, property owners and other private
337     parties, and other stakeholders to:
338          (a) develop and implement a business plan for the authority jurisdictional land, to
339     include an environmental sustainability component, developed in conjunction with the Utah
340     Department of Environmental Quality, incorporating policies and best practices to meet or
341     exceed applicable federal and state standards, including:
342          (i) emissions monitoring and reporting; and
343          (ii) strategies that use the best available technology to mitigate environmental impacts
344     from development and uses on the authority jurisdictional land;
345          (b) plan and facilitate the development of inland port uses on authority jurisdictional
346     land;
347          (c) manage any inland port located on land owned or leased by the authority; and
348          (d) establish a foreign trade zone, as provided under federal law, covering some or all
349     of the authority jurisdictional land.
350          (2) The authority may:
351          (a) facilitate and bring about the development of inland port uses on land that is part of
352     the authority jurisdictional land, including engaging in marketing and business recruitment
353     activities and efforts to encourage and facilitate:
354          (i) the development of an inland port on the authority jurisdictional land; and
355          (ii) other development of the authority jurisdictional land consistent with the
356     [strategies,] policies[,] and objectives described in Subsection 11-58-203(1);
357          (b) facilitate and provide funding for the development of the authority jurisdictional
358     land, including the development of publicly owned infrastructure and improvements and other
359     infrastructure and improvements on or related to the authority jurisdictional land;
360          (c) engage in marketing and business recruitment activities and efforts to encourage
361     and facilitate development of the authority jurisdictional land;
362          (d) apply for and take all other necessary actions for the establishment of a foreign
363     trade zone, as provided under federal law, covering some or all of the authority jurisdictional
364     land;
365          (e) as the authority considers necessary or advisable to carry out any of its duties or
366     responsibilities under this chapter:
367          (i) buy, obtain an option upon, or otherwise acquire any interest in real or personal
368     property;
369          (ii) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
370     personal property; or
371          (iii) enter into a lease agreement on real or personal property, either as lessee or lessor;
372          (f) sue and be sued;
373          (g) enter into contracts generally;
374          (h) provide funding for the development of publicly owned infrastructure and
375     improvements or other infrastructure and improvements on or related to the authority
376     jurisdictional land;
377          (i) exercise powers and perform functions under a contract, as authorized in the
378     contract;
379          (j) receive the property tax differential, as provided in this chapter;
380          (k) accept financial or other assistance from any public or private source for the
381     authority's activities, powers, and duties, and expend any funds so received for any of the
382     purposes of this chapter;
383          (l) borrow money, contract with, or accept financial or other assistance from the federal
384     government, a public entity, or any other source for any of the purposes of this chapter and
385     comply with any conditions of the loan, contract, or assistance;
386          (m) issue bonds to finance the undertaking of any development objectives of the
387     authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and
388     Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;
389          (n) hire employees, including contract employees;
390          (o) transact other business and exercise all other powers provided for in this chapter;
391          (p) engage one or more consultants to advise or assist the authority in the performance
392     of the authority's duties and responsibilities; [and]
393          (q) enter into an agreement with a taxing entity to share property tax differential for
394     services that the taxing entity provides within the authority jurisdictional land;
395          (r) work with other political subdivisions and neighboring property owners and
396     communities to mitigate potential negative impacts from the development of authority
397     jurisdictional land; and
398          [(q)] (s) exercise powers and perform functions that the authority is authorized by
399     statute to exercise or perform.
400          (3) Beginning January 1, 2020, the authority shall:
401          (a) be the repository of the official delineation of the boundary of the authority
402     jurisdictional land, identical to the boundary as delineated in the shapefile that is the electronic
403     component of H.B. 2001, Utah Inland Port Authority Amendments, 2018 Second Special
404     Session, subject to any later changes to the boundary enacted by the Legislature; and
405          (b) maintain an accurate digital file of the boundary that is easily accessible by the
406     public.
407          Section 6. Section 11-58-203 is amended to read:
408          11-58-203. Policies and objectives of the port authority -- Additional duties of the
409     port authority.
410          [In fulfilling its duties and responsibilities relating to the development of the authority
411     jurisdictional land, the authority shall:]
412          [(1) pursue development strategies, policies, and objectives designed to:]
413          (1) The policies and objectives of the authority are to:
414          (a) maximize long-term economic benefits to the area, the region, and the state;
415          (b) maximize the creation of high-quality jobs;
416          (c) respect and maintain sensitivity to the unique natural environment of areas in
417     proximity to the authority jurisdictional land;
418          (d) improve air quality and minimize resource use;
419          (e) respect existing land use and other agreements and arrangements between property
420     owners within the authority jurisdictional land and applicable governmental authorities;
421          (f) promote and encourage development and uses that are compatible with or
422     complement uses in areas in proximity to the authority jurisdictional land; [and]
423          (g) take advantage of the authority jurisdictional land's strategic location and other
424     features, including the proximity to transportation and other infrastructure and facilities, that
425     make the authority jurisdictional land attractive to:
426          (i) businesses that engage in regional, national, or international trade; and
427          (ii) businesses that complement businesses engaged in regional, national, or
428     international trade;
429          (h) facilitate the transportation of goods;
430          (i) coordinate trade-related opportunities to export Utah products nationally and
431     internationally;
432          (j) support and promote land uses on the authority jurisdictional land that generate
433     economic development, including rural economic development;
434          (k) establish a project of regional significance;
435          (l) facilitate a hub for trade combining rail, trucking, air cargo, and other transportation
436     services;
437          (m) support uses of the authority jurisdictional land for inland port uses, including
438     warehousing, light manufacturing, and distribution facilities;
439          (n) facilitate an increase in trade in the region and in global commerce; and
440          (o) promote the development of facilities that help connect local businesses to potential
441     foreign markets for exporting or that increase foreign direct investment.
442          (2) In fulfilling its duties and responsibilities relating to the development of the
443     authority jurisdictional land and to achieve and implement the development policies and
444     objectives under Subsection (1), the authority shall:
445          [(2)] (a) work to identify funding sources, including federal, state, and local
446     government funding and private funding, for capital improvement projects in and around the
447     authority jurisdictional land and for an inland port;
448          [(3)] (b) review and identify land use and zoning policies and practices to recommend
449     to municipal land use policymakers and administrators that are consistent with and will help to
450     achieve:
451          [(a)] (i) the [strategies,] policies[,] and objectives stated in Subsection (1); and
452          [(b)] (ii) the mutual goals of the state and local governments that have authority
453     jurisdictional land with their boundaries with respect to the authority jurisdictional land; and
454          [(4)] (c) consult and coordinate with other applicable governmental entities to improve
455     and enhance transportation and other infrastructure and facilities in order to maximize the
456     potential of the authority jurisdictional land to attract, retain, and service users who will help
457     maximize the long-term economic benefit to the state.
458          Section 7. Section 11-58-205 is amended to read:
459          11-58-205. Applicability of other law -- Cooperation of state and local
460     governments -- Municipality to consider board input -- Prohibition relating to natural
461     resources -- Inland port as permitted or conditional use -- Municipal services -- Sharing
462     property tax differential.
463          (1) Except as provided in Part 4, Appeals to Appeals Panel, the authority does not have
464     and may not exercise any powers relating to the regulation of land uses on the authority
465     jurisdictional land.
466          (2) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
467     63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
468     by Title 63E, Independent Entities Code.
469          (3) A department, division, or other agency of the state and a political subdivision of
470     the state shall cooperate with the authority to the fullest extent possible to provide whatever
471     support, information, or other assistance the board requests that is reasonably necessary to help
472     the authority fulfill its duties and responsibilities under this chapter.
473          (4) In making decisions affecting the authority jurisdictional land, the legislative body
474     of a municipality in which the authority jurisdictional land is located shall consider input from
475     the authority board.
476          (5) (a) No later than December 31, 2018, the ordinances of a municipality with
477     authority jurisdictional land within its boundary shall allow an inland port as a permitted or
478     conditional use, subject to standards that are:
479          (i) determined by the municipality; and
480          (ii) consistent with the policies and objectives stated in Subsection 11-58-203(1).
481          (b) A municipality whose ordinances do not comply with Subsection (5)(a) within the
482     time prescribed in that subsection shall allow an inland port as a permitted use without regard
483     to any contrary provision in the municipality's land use ordinances.
484          [(5)] (6) The transporting, unloading, loading, transfer, or temporary storage of natural
485     resources may not be prohibited on the authority jurisdictional land.
486          (7) (a) (i) A municipality whose boundary includes authority jurisdictional land shall
487     provide the same municipal services to the area of the municipality that is within the authority
488     jurisdictional land as the municipality provides to other areas of the municipality with similar
489     zoning and a similar development level.
490          (ii) The level and quality of municipal services that a municipality provides within
491     authority jurisdictional land shall be fairly and reasonably consistent with the level and quality
492     of municipal services that the municipality provides to other areas of the municipality with
493     similar zoning and a similar development level.
494          (b) (i) The board shall negotiate and enter into an agreement with a municipality
495     providing municipal services, as described in Subsection (7)(a), with respect to the appropriate
496     amount of property tax differential the authority should share with the municipality to cover the
497     cost of providing those municipal services.
498          (ii) Under an agreement described in Subsection (7)(b)(i), the board and municipality
499     shall establish a method of determining the amount of property tax differential the authority
500     shares over time with a municipality to cover the cost of providing municipal services, taking
501     into account:
502          (A) the cost of those services as documented in the audited financial statements under
503     Subsection (7)(c); and
504          (B) the variable level of need for those services within the authority jurisdictional land
505     depending on the level, amount, and location of development and other relevant factors.
506          (c) A municipality providing municipal services, as described in Subsection (7)(a),
507     shall, as requested by the board, provide the board audited financial statements documenting
508     the cost of the municipal services the municipality provides within the authority jurisdictional
509     land.
510          (8) The board may consult with other taxing entities, in addition to a municipality
511     under Subsection (7), for the purpose of receiving input from those taxing entities on the
512     appropriate allocation of property tax differential, considering the needs of the authority and
513     the needs of the other taxing entities.
514          (9) (a) The board shall review and reassess the amount of property tax differential the
515     authority retains and the amount the authority shares with other taxing entities so that the
516     authority retains property tax differential it reasonably needs to meet its responsibilities and
517     purposes and adjusts the amount the authority shares with other taxing entities accordingly.
518          (b) The board shall meet with taxing entities to review and reassess, as provided in
519     Subsection (9)(a):
520          (i) before December 31, 2020; and
521          (ii) at least every other year after 2020.
522          Section 8. Section 11-58-302 is amended to read:
523          11-58-302. Number of board members -- Appointment -- Vacancies.
524          (1) The authority's board shall consist of 11 members, as provided in Subsection (2).
525          (2) (a) The governor shall appoint two board members, one of whom shall be an
526     employee or officer of the Governor's Office of Economic Development, created in Section
527     63N-1-201.
528          (b) The president of the Senate shall appoint one board member.
529          (c) The speaker of the House of Representatives shall appoint one board member.
530          (d) The Salt Lake County mayor shall appoint one board member.
531          (e) The chair of the Permanent Community Impact Fund Board, created in Section
532     35A-8-304, shall appoint one board member from among the members of the Permanent
533     Community Impact Fund Board.
534          (f) The chair of the Salt Lake Airport Advisory Board, or the chair's designee, shall
535     serve as a board member.
536          (g) The member of the Salt Lake City council who is elected by district and whose
537     district includes [authority jurisdictional land] the Salt Lake City Airport shall serve as a board
538     member.
539          (h) The city manager of West Valley City, with the consent of the city council of West
540     Valley City, shall appoint one board member.
541          (i) The executive director of the Department of Transportation, appointed under
542     Section 72-1-202, shall serve as a board member.
543          (j) The director of the Salt Lake County office of Regional Economic Development
544     shall serve as a board member.
545          (3) An individual required under Subsection (2) to appoint a board member shall
546     appoint each initial board member the individual is required to appoint no later than June 1,
547     2018.
548          (4) (a) A vacancy in the board shall be filled in the same manner under this section as
549     the appointment of the member whose vacancy is being filled.
550          (b) A person appointed to fill a vacancy shall serve the remaining unexpired term of
551     the member whose vacancy the person is filling.
552          (5) A member of the board appointed by the governor, president of the Senate, or
553     speaker of the House of Representatives serves at the pleasure of and may be removed and
554     replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
555     of the House of Representatives, respectively.
556          (6) The authority may[:(a)] appoint nonvoting members of the board[;] and [(b)] set
557     terms for those nonvoting members [appointed under Subsection (6)(a)].
558          (7) Upon a vote of a majority of all board members, the board may appoint a board
559     chair and any other officer of the board.
560          (8) (a) An individual designated as a board member under Subsection (2)(g), (i), or (j)
561     who would be precluded from serving as a board member because of Subsection 11-58-304(2):
562          (i) may serve as a board member notwithstanding Subsection 11-58-304(2); and
563          (ii) shall disclose in writing to the board the circumstances that would otherwise have
564     precluded the individual from serving as a board member under Subsection 11-58-304(2).
565          (b) A written disclosure under Subsection (8)(a)(ii) is a public record under Title 63G,
566     Chapter 2, Government Records Access and Management Act.
567          (9) The board may appoint one or more advisory committees that may include
568     individuals from impacted public entities, community organizations, environmental
569     organizations, business organizations, or other organizations or associations.
570          Section 9. Section 11-58-303 is amended to read:
571          11-58-303. Term of board members -- Quorum -- Compensation.
572          (1) The term of a board member appointed under Subsection 11-58-302(2)(a), (b), (c),
573     (d), or (h) is four years, except that the initial term of one of the two members appointed under
574     Subsection 11-58-302(2)(a) and of the members appointed under Subsections 11-58-302(2)(d)
575     and (h) is two years.
576          (2) Each board member shall serve until a successor is duly appointed and qualified.
577          (3) A board member may serve multiple terms if duly appointed to serve each term
578     under Subsection 11-58-302(2).
579          (4) A majority of board members constitutes a quorum, and the action of a majority of
580     a quorum constitutes action of the board.
581          (5) (a) A board member who is not a legislator may not receive compensation or
582     benefits for the member's service on the board, but may receive per diem and reimbursement
583     for travel expenses incurred as a board member as allowed in:
584          (i) Sections 63A-3-106 and 63A-3-107; and
585          (ii) rules made by the Division of Finance according to Sections 63A-3-106 and
586     63A-3-107.
587          (b) Compensation and expenses of a board member who is a legislator are governed by
588     Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
589          Section 10. Section 11-58-304 is amended to read:
590          11-58-304. Limitations on board members and executive director.
591          (1) As used in this section:
592          (a) "Direct financial benefit":
593          (i) means any form of financial benefit that accrues to an individual directly [as a result
594     of the development of the authority jurisdictional land], including:
595          (A) compensation, commission, or any other form of a payment or increase of money;
596     and
597          (B) an increase in the value of a business or property; and
598          (ii) does not include a financial benefit that accrues to the public generally [as a result
599     of the development of the authority jurisdictional state land].
600          (b) "Family member" means a parent, spouse, sibling, child, or grandchild.
601          (2) An individual may not serve as a voting member of the board or as executive
602     director if:
603          (a) the individual owns real property, other than a personal residence in which the
604     individual resides, on or within five miles of the authority jurisdictional land, whether or not
605     the ownership interest is a recorded interest;
606          (b) a family member of the individual owns an interest in real property, other than a
607     personal residence in which the family member resides, located on or within one-half mile of
608     the authority jurisdictional land; or
609          (c) the individual or a family member of the individual owns an interest in, is directly
610     affiliated with, or is an employee or officer of a private firm, private company, or other private
611     entity that the individual reasonably believes is likely to:
612          (i) participate in or receive [compensation or other] a direct financial benefit from the
613     development of the authority jurisdictional land; or
614          (ii) acquire an interest in or locate a facility on the authority jurisdictional land.
615          (3) Before taking office as a [board] voting member of the board or accepting
616     employment as executive director, an individual shall submit to the authority:
617          (a) a statement verifying that the individual's service as a board member or
618     employment as executive director does not violate Subsection (2)[.]; or
619          (b) for an individual to whom Subsection 11-58-302(8) applies, the disclosure required
620     under that subsection.
621          (4) (a) An individual may not, at any time during the individual's service as a [board]
622     voting member or employment [as executive director,] with the authority, acquire, or take any
623     action to initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real
624     property located on or within five miles of the authority jurisdictional [state] land[.], if:
625          (i) the acquisition is in the individual's personal capacity or in the individual's capacity
626     as an employee or officer of a private firm, private company, or other private entity; and
627          (ii) the acquisition will enable the individual to receive a direct financial benefit as a
628     result of the development of the authority jurisdictional land.
629          (b) Subsection (4)(a) does not apply to an individual's acquisition of, or action to
630     initiate, negotiate, or otherwise arrange for the acquisition of, an interest in real property that is
631     a personal residence in which the individual will reside upon acquisition of the real property.
632          (5) (a) A voting member or nonvoting member of the board or an employee of the
633     authority may not receive a direct financial benefit from the development of authority
634     jurisdictional land.
635          (b) For purposes of Subsection (5)(a), a direct financial benefit does not include:
636          (i) expense reimbursements;
637          (ii) per diem pay for board member service, if applicable; or
638          (iii) an employee's compensation or benefits from employment with the authority.
639          (6) Nothing in this section may be construed to affect the application or effect of any
640     other code provision applicable to a board member or employee relating to ethics or conflicts
641     of interest.
642          Section 11. Section 11-58-401 is amended to read:
643          11-58-401. Definitions.
644          As used in this part:
645          [(1) "Adversely affected person" means an owner of land within the authority
646     jurisdictional land who has been adversely affected by a land use decision.]
647          [(2)] (1) "Appeals panel" means the panel established under Section 11-58-402 to hear
648     and decide appeals under this part.
649          [(3) "Land use decision" means the same as that term is defined in Section 10-9a-103.]
650          (2) "Complete," with respect to an inland port use application, means that:
651          (a) the inland port use application is submitted in a form that complies with the
652     requirements of applicable municipal ordinances; and
653          (b) all applicable fees are paid.
654          (3) "Inland port use appeal" means an appeal under Title 10, Chapter 9a, Part 7, Appeal
655     Authority and Variances, of a land use decision, as defined in Section 10-9a-103, on an inland
656     port use application, including a land use decision that is a denial of the inland port use
657     application under Subsection 11-58-402.5(2)(b).
658          (4) "Inland port use appeal decision" means a decision by a municipal appeal authority
659     on an inland port use appeal, including a decision that is a denial of the appeal under
660     Subsection 11-58-402.5(3)(b).
661          (5) "Inland port use application" means a land use application, as defined in Section
662     10-9a-103, relating to a use of land within authority jurisdictional land that is an inland port
663     use.
664          (6) "Land use applicant" means the same as that term is defined in Section 10-9a-103.
665          (7) "Municipal appeal authority" means the appeal authority, as defined in Section
666     10-9a-103, of the municipality with which an inland port use appeal is filed.
667          (8) "Municipal land use authority" means the land use authority, as defined in Section
668     10-9a-103, of the municipality with which an inland port use application is filed.
669          Section 12. Section 11-58-402.5 is enacted to read:
670          11-58-402.5. Municipal processing of an inland port use application and appeal.
671          (1) Except as provided in Subsections (2) and (3), the provisions of Title 10, Chapter
672     9a, Municipal Land Use, Development, and Management Act, apply to:
673          (a) a municipality's processing of and decision on an inland port use application; and
674          (b) a municipality's processing of and decision on an inland port use appeal.
675          (2) (a) A municipal land use authority shall approve or deny an inland port use
676     application no later than:
677          (i) 180 days after the filing of the complete inland port use application; or
678          (ii) a later date that the land use applicant and municipality agree to.
679          (b) (i) A municipal land use authority's failure to approve an inland port use application
680     within the period specified in Subsection (2)(a) constitutes a denial of the inland port use
681     application.
682          (ii) A denial under Subsection (2)(b)(i) is considered made on the last day of the period
683     specified in Subsection (2)(a).
684          (3) (a) A municipal appeal authority shall issue a written decision on an inland port use
685     appeal no later than:
686          (i) 60 days after the appeal is filed; or
687          (ii) a later date that all the parties to the appeal agree to.
688          (b) (i) An appeal authority's failure to issue a written decision on an inland port use
689     appeal within the time stated in Subsection (3)(a)(i) constitutes a denial of the appeal on the
690     merits.
691          (ii) A denial under Subsection (3)(b)(i) is considered made on the last day of the period
692     specified in Subsection (3)(a).
693          Section 13. Section 11-58-403 is amended to read:
694          11-58-403. Appeals process and standards.
695          (1) (a) [An] A person adversely affected [person] by an inland port use appeal decision
696     may appeal [a land use] the inland port use appeal decision to the appeals panel.
697          [(2) (a) Notwithstanding the provisions of Title 10, Chapter 9a, Municipal Land Use,
698     Development, and Management Act, an appeal under Subsection (1) is the exclusive appeal of
699     a land use decision available to an adversely affected person.]
700          (b) An appeals panel may not consider an appeal of an inland port use appeal decision
701     to the extent that the appeal involves municipal requirements concerning:
702          (i) the construction of public utilities;
703          (ii) the administration of construction codes defined in Section 15A-1-202;
704          (iii) the permitting and building plan review for a development project, unless the
705     appeal involves a denial of an inland port use application;
706          (iv) the municipality's enforcement of a violation of a municipal code provision, unless
707     the provision is inconsistent with the purposes of this chapter; or
708          (v) fees or fines.
709          (2) (a) The board may adopt policies and procedures, consistent with the provisions of
710     this part, to govern an appeal before the appeals panel.
711          (b) The policies and procedures adopted under Subsection (2)(a) may:
712          (i) require the record relating to the municipality's denial of the inland port use
713     application and relating to the inland port use appeal decision to be provided to the appeals
714     panel for its review and consideration; and
715          (ii) provide for de novo review by the appeals panel.
716          [(b)] (3) [An appeal of a land use] An appeals panel may not consider an inland port
717     use appeal decision under this section [may not be considered unless it] unless the appeal of the
718     inland port use appeal decision is submitted to the appeals panel in writing within [10] 20
719     calendar days after the date of the [land use] inland port use appeal decision being appealed.
720          [(3)] (4) In deciding an appeal of [a land use] an inland port use appeal decision, an
721     appeals panel [may hold an informal] shall:
722          (a) hold a public hearing to receive information and hear arguments from the parties[.];
723          (b) provide prior notice of a hearing under Subsection (4)(a) to the parties to the appeal
724     and the public;
725          (c) respect the due process rights of the parties to the appeal;
726          (d) require the land use applicant, if the land use applicant is the person who submits
727     the appeal, to provide to the appeals panel a brief explanation in writing containing any
728     applicable information concerning:
729          (i) whether the proposed development that is the subject of the inland port use
730     application under consideration on appeal will meet or exceed applicable state and federal
731     regulations;
732          (ii) (A) any potential environmental impact the proposed development will have,
733     including on air quality, surface water, and ground water; and
734          (B) how the land use applicant proposes to mitigate any impacts, including the extent
735     to which the proposed development will apply the best available technology or systems to
736     mitigate any environmental impacts of the development;
737          (iii) the potential impact of the proposed development on abutting property owners or
738     on a migratory bird production area, as defined in Section 23-28-102, and how the land use
739     applicant proposes to mitigate those impacts;
740          (iv) the municipal requirements that the proposed development will be unable to
741     comply with and whether alternative means or an alternative method will produce a
742     comparable result; and
743          (v) how the proposed development implements or furthers the policies and objectives
744     stated in Subsection 11-58-203(1); and
745          (e) consider the information provided under Subsection (4)(d).
746          (5) An appeals panel may:
747          (a) affirm the inland port use appeal decision;
748          (b) decide in favor of the person adversely affected by the inland port use appeal
749     decision if the appeals panel determines that the inland port use appeal decision:
750          (i) is clearly contrary to the policies and objectives under Subsection 11-58-203(1);
751          (ii) imposes restrictions or conditions on the proposed development that unreasonably
752     impair or essentially prohibit an inland port use; or
753          (iii) is arbitrary and capricious, or illegal; or
754          (c) (i) stay the appeal for a reasonable period of time to allow the parties to the appeal
755     to resolve the issues on appeal by agreement; and
756          (ii) encourage, facilitate, and mediate an agreement between the parties to resolve the
757     appeal.
758          [(4)] (6) (a) An appeals panel shall decide and publicly issue a written decision on an
759     appeal of a land use decision within [21]:
760          (i) 30 days after the appeal is filed[.], subject to the period of any stay under Subsection
761     (5)(c); or
762          (ii) a later date that the appeals panel and the parties to the appeal agree to.
763          (b) An appeals panel decision shall include findings and conclusions explaining the
764     appeals panel's decision.
765          [(5)] (7) (a) A person [aggrieved] who is adversely affected by an appeals panel
766     decision may seek judicial review of the decision in district court by filing a petition with the
767     court within 30 days after the appeals panel decision.
768          (b) The court shall uphold the appeals panel decision unless the court determines that
769     the decision is:
770          (i) arbitrary and capricious; or
771          (ii) illegal.
772          Section 14. Section 11-58-601 is amended to read:
773          11-58-601. Port authority receipt and use of property tax differential --
774     Distribution of property tax differential.
775          (1) (a) The authority may:
776          (i) subject to Subsections (1)(b) [and (c)], (c), and (d), receive up to 100% of the
777     property tax differential for a period ending up to 25 years after a certificate of occupancy is
778     issued with respect to improvements on a parcel, as determined by the board and as provided in
779     this part; and
780          (ii) use the property tax differential during and after the period described in Subsection
781     (1)(a)(i).
782          (b) With respect to a parcel located within a project area, the 25-year period described
783     in Subsection (1)(a)(i) begins on the day on which the authority receives the first property tax
784     differential from that parcel.
785          (c) The authority may not receive property tax differential from an area included within
786     a community reinvestment project area, as defined in Section 17C-1-102, under a community
787     reinvestment project area plan, as defined in Section 17C-1-102, adopted before March 1,
788     2018, from a taxing entity that has, before March 1, 2018, entered into a fully executed, legally
789     binding agreement under which the taxing entity agrees to the use of its tax increment, as
790     defined in Section 17C-1-102, under the community reinvestment project area plan.
791          (d) The authority shall pay to a community reinvestment agency 10% of the property
792     tax differential generated from land located within that community reinvestment agency, to be
793     used for affordable housing as provided in Section 17C-1-412.
794          [(2) Improvements on a parcel within a project area become subject to property tax on
795     January 1 immediately following the day on which the authority or an entity designated by the
796     authority issues a certificate of occupancy with respect to those improvements.]
797          [(3)] (2) A county that collects property tax on property within a project area shall pay
798     and distribute to the authority the property tax differential that the authority is entitled to collect
799     under this title, in the manner and at the time provided in Section 59-2-1365.
800          [(4)] (3) (a) The board shall determine by resolution when the entire project area or an
801     individual parcel within a project area is subject to property tax differential.
802          (b) The board shall amend the project area budget to reflect whether a parcel within a
803     project area is subject to property tax differential.
804          Section 15. Section 11-58-602 is amended to read:
805          11-58-602. Allowable uses of property tax differential and other funds.
806          (1) The authority may use the property tax differential, money the authority receives
807     from the state, [authority services revenue,] and other funds available to the authority:
808          (a) for any purpose authorized under this chapter;
809          (b) subject to Subsection (4), for administrative, overhead, legal, consulting, and other
810     operating expenses of the authority;
811          (c) to pay for, including financing or refinancing, all or part of the development of land
812     within the project area from which the property tax differential or other funds were collected,
813     including assisting the ongoing operation of a development or facility within the project area;
814          (d) to pay the cost of the installation and construction of publicly owned infrastructure
815     and improvements within the project area from which the property tax differential funds were
816     collected;
817          (e) to pay the cost of the installation of publicly owned infrastructure and
818     improvements outside the project area if the board determines by resolution that the
819     infrastructure and improvements are of benefit to the project area; [and]
820          (f) to pay for municipal services that a municipality provides within the authority
821     jurisdictional land;
822          (g) to pay for other services that a taxing entity provides within the authority
823     jurisdictional land; and
824          [(f)] (h) to pay the principal and interest on bonds issued by the authority.
825          (2) The authority may use revenue generated from the operation of publicly owned
826     infrastructure operated by the authority or improvements operated by the authority to:
827          (a) operate and maintain the infrastructure or improvements; and
828          (b) pay for authority operating expenses, including administrative, overhead, and legal
829     expenses.
830          (3) The determination of the board under Subsection (1)(e) regarding benefit to the
831     project area is final.
832          (4) The authority may not use more than 2% of property tax differential revenue to pay
833     for authority operating expenses, including:
834          (a) administrative and overhead expenses; and
835          (b) legal expenses, except legal fees and expenses with respect to potential or pending
836     litigation involving the authority.
837          Section 16. Section 11-58-801 is amended to read:
838          11-58-801. Annual port authority budget -- Fiscal year -- Public hearing required
839     -- Auditor forms -- Requirement to file annual budget.
840          (1) The authority shall prepare and its board adopt an annual budget of revenues and
841     expenditures for the authority for each fiscal year.
842          (2) Each annual authority budget shall be adopted before June 22, except that the
843     authority's initial budget shall be adopted as soon as reasonably practicable after the
844     organization of the board and the beginning of authority operations.
845          (3) The authority's fiscal year shall be the period from July 1 to the following June 30.
846          (4) (a) Before adopting an annual budget, the board shall hold a public hearing on the
847     annual budget.
848          (b) The authority shall provide notice of the public hearing on the annual budget by
849     publishing notice:
850          (i) at least once in a newspaper of general circulation within the state, one week before
851     the public hearing; and
852          (ii) on the Utah Public Notice Website created in Section 63F-1-701, for at least one
853     week immediately before the public hearing.
854          (c) The authority shall make the annual budget available for public inspection at least
855     three days before the date of the public hearing.
856          (5) The state auditor shall prescribe the budget forms and the categories to be contained
857     in each authority budget, including:
858          (a) revenues and expenditures for the budget year;
859          (b) legal fees; and
860          (c) administrative costs, including rent, supplies, and other materials, and salaries of
861     authority personnel.
862          (6) (a) Within 30 days after adopting an annual budget, the board shall file a copy of
863     the annual budget with the auditor of each county in which the authority jurisdictional land is
864     located, the State Tax Commission, the state auditor, the State Board of Education, and each
865     taxing entity that levies a tax on property from which the authority collects property tax
866     differential.
867          (b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
868     state as a taxing entity is met if the authority files a copy with the State Tax Commission and
869     the state auditor.
870          Section 17. Section 11-58-803 is amended to read:
871          11-58-803. Port authority report.
872          (1) (a) On or before November 1 of each year, the authority shall prepare and file a
873     report with the county auditor of each county in which the authority jurisdictional land is
874     located, the State Tax Commission, the State Board of Education, and each taxing entity that
875     levies a tax on property from which the authority collects property tax differential.
876          (b) The requirement of Subsection (1)(a) to file a copy of the report with the state as a
877     taxing entity is met if the authority files a copy with the State Tax Commission and the state
878     auditor.
879          (2) Each report under Subsection (1) shall contain:
880          (a) an estimate of the property tax differential to be paid to the authority for the
881     calendar year ending December 31; and
882          (b) an estimate of the property tax differential to be paid to the authority for the
883     calendar year beginning the next January 1.
884          (3) Before November 30 of each year, the board shall present a report to the Executive
885     Appropriations Committee of the Legislature, as the Executive Appropriations Committee
886     directs, that includes:
887          (a) an accounting of how authority funds have been spent[; and], including funds spent
888     on the environmental sustainability component of the authority business plan under Subsection
889     11-58-202(1)(a);
890          (b) an update about the progress of the development and implementation of the
891     authority business plan under Subsection 11-58-202(1)(a), including the development and
892     implementation of the environmental sustainability component of the plan; and
893          [(b)] (c) an explanation of the authority's progress in achieving the policies and
894     objectives described in Subsection 11-58-203(1).
895          Section 18. Section 11-58-806 is amended to read:
896          11-58-806. Port authority chief financial officer is a public treasurer -- Certain
897     port authority funds are public funds.
898          (1) The authority's chief financial officer:
899          (a) is a public treasurer, as defined in Section 51-7-3; and
900          (b) shall invest the authority funds specified in Subsection (2) as provided in that
901     subsection.
902          (2) Notwithstanding Subsection 63E-2-110(2)(a), property tax differential funds[,
903     authority services revenue,] and appropriations that the authority receives from the state:
904          (a) are public funds; and
905          (b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
906          Section 19. Repealer.
907          This bill repeals:
908          Section 11-58-204, Existing development line.
909          Section 11-58-404, Standards governing appeals.
910          Section 20. Effective date.
911          If approved by two-thirds of all the members elected to each house, this bill takes effect
912     upon approval by the governor, or the day following the constitutional time limit of Utah
913     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
914     the date of veto override.