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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the Utah Inland Port Authority.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the definition of "publicly owned infrastructure and improvements" within
13 the Utah Inland Port Authority Act to include energy-related facilities;
14 ▸ enacts a provision allowing an owner within the authority jurisdictional land to
15 establish a vested development right;
16 ▸ enacts a severability provision;
17 ▸ provides that money from legislative appropriations is nonlapsing;
18 ▸ modifies inland port authority powers and duties, including power to adjust the
19 boundary of the authority jurisdictional land;
20 ▸ repeals provisions relating to appeals to the inland port authority's appeals panel;
21 ▸ modifies language relating to the policies and objectives of the inland port authority;
22 ▸ authorizes the inland port authority to use funds to encourage, incentivize, or require
23 development with reduced environmental impact and to develop and implement
24 zero-emissions logistics;
25 ▸ eliminates language relating to an agreement for a municipality to provide
26 municipal services;
27 ▸ modifies language relating to the responsibilities of the executive director;
28 ▸ modifies the membership of the inland port authority board;
29 ▸ modifies provisions relating to the inland port authority's receipt and use of property
30 tax differential;
31 ▸ modifies a provision relating to a renewable energy tariff; and
32 ▸ makes technical changes.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill provides a special effective date.
37 Utah Code Sections Affected:
38 AMENDS:
39 10-9a-509.5, as last amended by Laws of Utah 2019, Chapter 384
40 10-9a-701, as last amended by Laws of Utah 2019, Chapter 384
41 10-9a-708, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
42 11-58-102, as last amended by Laws of Utah 2019, Chapter 399
43 11-58-202, as last amended by Laws of Utah 2019, Chapter 399
44 11-58-203, as last amended by Laws of Utah 2019, Chapter 399
45 11-58-205, as last amended by Laws of Utah 2019, Chapter 399
46 11-58-301, as enacted by Laws of Utah 2018, Chapter 179
47 11-58-302, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
48 11-58-303, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
49 11-58-305, as last amended by Laws of Utah 2019, Chapter 399
50 11-58-505, as last amended by Laws of Utah 2019, Chapter 399
51 11-58-601, as last amended by Laws of Utah 2019, Chapters 376 and 399
52 11-58-602, as last amended by Laws of Utah 2019, Chapter 399
53 54-17-806, as last amended by Laws of Utah 2019, Chapter 399
54 63J-1-602.1, as last amended by Laws of Utah 2019, Chapters 89, 136, 213, 215, 244,
55 326, 342, and 482
56 ENACTS:
57 11-58-103, Utah Code Annotated 1953
58 11-58-104, Utah Code Annotated 1953
59 11-58-105, Utah Code Annotated 1953
60 REPEALS:
61 11-58-401, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
62 11-58-402, as enacted by Laws of Utah 2018, Chapter 179
63 11-58-402.5, as enacted by Laws of Utah 2018, Second Special Session, Chapter 1
64 11-58-403, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
65
66 Be it enacted by the Legislature of the state of Utah:
67 Section 1. Section 10-9a-509.5 is amended to read:
68 10-9a-509.5. Review for application completeness -- Substantive application
69 review -- Reasonable diligence required for determination of whether improvements or
70 warranty work meets standards -- Money damages claim prohibited.
71 (1) (a) Each municipality shall, in a timely manner, determine whether a land use
72 application is complete for the purposes of subsequent, substantive land use authority review.
73 (b) After a reasonable period of time to allow the municipality diligently to evaluate
74 whether all objective ordinance-based application criteria have been met, if application fees
75 have been paid, the applicant may in writing request that the municipality provide a written
76 determination either that the application is:
77 (i) complete for the purposes of allowing subsequent, substantive land use authority
78 review; or
79 (ii) deficient with respect to a specific, objective, ordinance-based application
80 requirement.
81 (c) Within 30 days of receipt of an applicant's request under this section, the
82 municipality shall either:
83 (i) mail a written notice to the applicant advising that the application is deficient with
84 respect to a specified, objective, ordinance-based criterion, and stating that the application shall
85 be supplemented by specific additional information identified in the notice; or
86 (ii) accept the application as complete for the purposes of further substantive
87 processing by the land use authority.
88 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
89 shall be considered complete, for purposes of further substantive land use authority review.
90 (e) (i) The applicant may raise and resolve in a single appeal any determination made
91 under this Subsection (1) to the appeal authority, including an allegation that a reasonable
92 period of time has elapsed under Subsection (1)(a).
93 (ii) The appeal authority shall issue a written decision for any appeal requested under
94 this Subsection (1)(e).
95 (f) (i) The applicant may appeal to district court the decision of the appeal authority
96 made under Subsection (1)(e).
97 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
98 the written decision.
99 (2) (a) Each land use authority shall substantively review a complete application and an
100 application considered complete under Subsection (1)(d), and shall approve or deny each
101 application with reasonable diligence[
102
103 (b) After a reasonable period of time to allow the land use authority to consider an
104 application, the applicant may in writing request that the land use authority take final action
105 within 45 days from date of service of the written request.
106 (c) Within 45 days from the date of service of the written request described in
107 Subsection (2)(b):
108 (i) except as provided in Subsection (2)(c)(ii), the land use authority shall take final
109 action, approving or denying the application; and
110 (ii) if a landowner petitions for a land use regulation, a legislative body shall take final
111 action by approving or denying the petition.
112 (d) If the land use authority denies an application processed under the mandates of
113 Subsection (2)(b), or if the applicant has requested a written decision in the application, the
114 land use authority shall include its reasons for denial in writing, on the record, which may
115 include the official minutes of the meeting in which the decision was rendered.
116 (e) If the land use authority fails to comply with Subsection (2)(c), the applicant may
117 appeal this failure to district court within 30 days of the date on which the land use authority is
118 required to take final action under Subsection (2)(c).
119 (3) (a) With reasonable diligence, each land use authority shall determine whether the
120 installation of required subdivision improvements or the performance of warranty work meets
121 the municipality's adopted standards.
122 (b) (i) An applicant may in writing request the land use authority to accept or reject the
123 applicant's installation of required subdivision improvements or performance of warranty work.
124 (ii) The land use authority shall accept or reject subdivision improvements within 15
125 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
126 practicable after that 15-day period if inspection of the subdivision improvements is impeded
127 by winter weather conditions.
128 (iii) The land use authority shall accept or reject the performance of warranty work
129 within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
130 soon as practicable after that 45-day period if inspection of the warranty work is impeded by
131 winter weather conditions.
132 (c) If a land use authority determines that the installation of required subdivision
133 improvements or the performance of warranty work does not meet the municipality's adopted
134 standards, the land use authority shall comprehensively and with specificity list the reasons for
135 the land use authority's determination.
136 (4) Subject to Section 10-9a-509, nothing in this section and no action or inaction of
137 the land use authority relieves an applicant's duty to comply with all applicable substantive
138 ordinances and regulations.
139 (5) There shall be no money damages remedy arising from a claim under this section.
140 Section 2. Section 10-9a-701 is amended to read:
141 10-9a-701. Appeal authority required -- Condition precedent to judicial review --
142 Appeal authority duties.
143 (1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
144 or more appeal authorities to hear and decide:
145 (a) requests for variances from the terms of the land use ordinances;
146 (b) appeals from decisions applying the land use ordinances; and
147 (c) appeals from a fee charged in accordance with Section 10-9a-510.
148 (2) As a condition precedent to judicial review, each adversely affected person shall
149 timely and specifically challenge a land use authority's decision, in accordance with local
150 ordinance.
151 (3) An appeal authority:
152 (a) shall:
153 (i) act in a quasi-judicial manner; and
154 (ii) serve as the final arbiter of issues involving the interpretation or application of land
155 use ordinances[
156
157 (b) may not entertain an appeal of a matter in which the appeal authority, or any
158 participating member, had first acted as the land use authority.
159 (4) By ordinance, a municipality may:
160 (a) designate a separate appeal authority to hear requests for variances than the appeal
161 authority it designates to hear appeals;
162 (b) designate one or more separate appeal authorities to hear distinct types of appeals
163 of land use authority decisions;
164 (c) require an adversely affected party to present to an appeal authority every theory of
165 relief that it can raise in district court;
166 (d) not require an adversely affected party to pursue duplicate or successive appeals
167 before the same or separate appeal authorities as a condition of the adversely affected party's
168 duty to exhaust administrative remedies; and
169 (e) provide that specified types of land use decisions may be appealed directly to the
170 district court.
171 (5) If the municipality establishes or, prior to the effective date of this chapter, has
172 established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
173 board, body, or panel shall:
174 (a) notify each of its members of any meeting or hearing of the board, body, or panel;
175 (b) provide each of its members with the same information and access to municipal
176 resources as any other member;
177 (c) convene only if a quorum of its members is present; and
178 (d) act only upon the vote of a majority of its convened members.
179 Section 3. Section 10-9a-708 is amended to read:
180 10-9a-708. Final decision.
181 (1) A decision of an appeal authority takes effect on the date when the appeal authority
182 issues a written decision, or as otherwise provided by ordinance.
183 (2) A written decision, or other event as provided by ordinance, constitutes a final
184 decision under Subsection 10-9a-801(2)(a) or a final action under Subsection 10-9a-801(4)[
185
186
187 Section 4. Section 11-58-102 is amended to read:
188 11-58-102. Definitions.
189 As used in this chapter:
190 (1) "Authority" means the Utah Inland Port Authority, created in Section 11-58-201.
191 (2) "Authority jurisdictional land" means land within the authority boundary
192 delineated:
193 (a) in the electronic shapefile that[
194 Inland Port Authority Amendments, 2018 Second Special Session; and
195 (b) [
196 provided in Subsection 11-58-202(3).
197 (3) "Base taxable value" means:
198 (a) (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the
199 authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year
200 2018; and
201 (ii) for an area described in Subsection 11-58-601[
202 area in calendar year 2017; or
203 (b) for a project area that consists of land outside the authority jurisdictional land, the
204 taxable value of property within any portion of a project area, as designated by board
205 resolution, from which the property tax differential will be collected, as shown upon the
206 assessment roll last equalized before the year in which the authority adopts a project area plan
207 for that area.
208 (4) "Board" means the authority's governing body, created in Section 11-58-301.
209 (5) "Business plan" means a plan designed to facilitate, encourage, and bring about
210 development of the authority jurisdictional land to achieve the goals and objectives described
211 in Subsection 11-58-203(1), including the development and establishment of an inland port.
212 (6) "Development" means:
213 (a) the demolition, construction, reconstruction, modification, expansion, or
214 improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
215 recreational amenity, or other facility, including publicly owned infrastructure and
216 improvements; and
217 (b) the planning of, arranging for, or participation in any of the activities listed in
218 Subsection (6)(a).
219 (7) "Development project" means a project for the development of land within a
220 project area.
221 (8) "Inland port" means one or more sites that:
222 (a) contain multimodal transportation assets and other facilities that:
223 (i) are related but may be separately owned and managed; and
224 (ii) together are intended to:
225 (A) allow global trade to be processed and altered by value-added services as goods
226 move through the supply chain;
227 (B) provide a regional merging point for transportation modes for the distribution of
228 goods to and from ports and other locations in other regions;
229 (C) provide cargo-handling services to allow freight consolidation and distribution,
230 temporary storage, customs clearance, and connection between transport modes; and
231 (D) provide international logistics and distribution services, including freight
232 forwarding, customs brokerage, integrated logistics, and information systems; and
233 (b) may include a satellite customs clearance terminal, an intermodal facility, a
234 customs pre-clearance for international trade, or other facilities that facilitate, encourage, and
235 enhance regional, national, and international trade.
236 (9) "Inland port use" means a use of land:
237 (a) for an inland port;
238 (b) that directly implements or furthers the purposes of an inland port, as stated in
239 Subsection (8);
240 (c) that complements or supports the purposes of an inland port, as stated in Subsection
241 (8); or
242 (d) that depends upon the presence of the inland port for the viability of the use.
243 (10) "Intermodal facility" means a hub or other facility for trade combining any
244 combination of rail, trucking, air cargo, and other transportation services.
245 (11) "Nonvoting member" means an individual appointed as a member of the board
246 under Subsection 11-58-302(6) who does not have the power to vote on matters of authority
247 business.
248 (12) "Project area" means:
249 (a) the authority jurisdictional land; or
250 (b) land outside the authority jurisdictional land, whether consisting of a single
251 contiguous area or multiple noncontiguous areas, described in a project area plan or draft
252 project area plan, where the development project set forth in the project area plan or draft
253 project area plan takes place or is proposed to take place.
254 (13) "Project area budget" means a multiyear projection of annual or cumulative
255 revenues and expenses and other fiscal matters pertaining to the project area.
256 (14) "Project area plan" means a written plan that, after its effective date, guides and
257 controls the development within a project area.
258 (15) "Property tax" includes a privilege tax and each levy on an ad valorem basis on
259 tangible or intangible personal or real property.
260 (16) "Property tax differential":
261 (a) means the difference between:
262 (i) the amount of property tax revenues generated each tax year by all taxing entities
263 from a project area, using the current assessed value of the property; and
264 (ii) the amount of property tax revenues that would be generated from that same area
265 using the base taxable value of the property; and
266 (b) does not include property tax revenue from:
267 (i) a county additional property tax or multicounty assessing and collecting levy
268 imposed in accordance with Section 59-2-1602;
269 (ii) a judgment levy imposed by a taxing entity under Section 59-2-1328 or 59-2-1330;
270 or
271 (iii) a levy imposed by a taxing entity under Section 11-14-310 to pay for a general
272 obligation bond.
273 (17) "Public entity" means:
274 (a) the state, including each department, division, or other agency of the state; or
275 (b) a county, city, town, metro township, school district, local district, special service
276 district, interlocal cooperation entity, community reinvestment agency, or other political
277 subdivision of the state.
278 (18) "Publicly owned infrastructure and improvements":
279 (a) means infrastructure, improvements, facilities, or buildings that:
280 (i) benefit the public; and
281 (ii) (A) are owned by a public entity or a utility; or
282 (B) are publicly maintained or operated by a public entity;
283 (b) includes:
284 (i) facilities, lines, or systems that provide:
285 (A) water, chilled water, or steam; or
286 (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy,
287 microgrids, or telecommunications service; and
288 (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
289 facilities, and public transportation facilities.
290 (19) "Shapefile" means the digital vector storage format for storing geometric location
291 and associated attribute information.
292 (20) "Taxable value" means the value of property as shown on the last equalized
293 assessment roll [
294 (21) "Taxing entity" means a public entity that levies a tax on property within a project
295 area.
296 (22) "Voting member" means an individual appointed or designated as a member of the
297 board under Subsection 11-58-302(2).
298 Section 5. Section 11-58-103 is enacted to read:
299 11-58-103. Vested right of landowner.
300 (1) As used in this section:
301 (a) "Municipal inland port regulations" means a municipality's land use ordinances and
302 regulations relating to the use of land within the authority jurisdictional land for an inland port
303 use.
304 (b) "Vested development right" means a right:
305 (i) to use or develop land located within the authority jurisdictional land for an inland
306 port use in accordance with municipal inland port regulations in effect on December 31, 2018;
307 and
308 (ii) that may not be affected by later changes to municipal ordinances or regulations.
309 (c) "Vested right notice" means a notice that complies with the requirements of
310 Subsection (3).
311 (2) An owner of land located within the boundary of the authority jurisdictional land
312 may establish a vested development right on that land by causing a notice to be recorded in the
313 office of the recorder of the county in which the land is located.
314 (3) A notice under Subsection (2) shall:
315 (a) state that the owner elects to establish a vested development right on the owner's
316 land to use or develop the land for an inland port use in accordance with municipal inland port
317 regulations in effect on December 31, 2018;
318 (b) state that the owner's election is made under Title 11, Chapter 58, Utah Inland Port
319 Authority Act;
320 (c) describe the land in a way that complies with applicable requirements for the
321 recording of an instrument affecting land;
322 (d) indicate the zoning district in which the land is located, including any overlay
323 district;
324 (e) bear the signature of each owner of the land;
325 (f) be accompanied by the applicable recording fee; and
326 (g) include the following acknowledgment:
327 "I/we acknowledge that:
328 • the land identified in this notice is situated within the authority jurisdictional land of
329 the Utah Inland Port Authority, established under Utah Code Title 11, Chapter 58, Utah Inland
330 Port Authority Act, and is eligible for this election of a vested right;
331 • this vested right allows the land described in this notice to be used or developed in the
332 manner allowed by applicable land use regulations in effect on December 31, 2018;
333 • all development activity must comply with those land use regulations;
334 • the right to use and develop the land described in this notice in accordance with those
335 land use regulations continues for 40 years from the date this notice is recorded, unless a land
336 use application is submitted to the applicable land use authority that proposes a use or
337 development activity that is not allowed under the land use regulations in effect on December
338 31, 2018, or all record owners of the land record a rescission of the election of a vested
339 development right for this land.".
340 (4) (a) An owner of land against which a vested right notice is recorded has a vested
341 development right with respect to that land for 40 years from the date the vested right notice is
342 recorded, or, if earlier, until the vested development right is rescinded by the recording of a
343 rescission of the election of the vested development right signed by all record owners of the
344 land.
345 (b) A vested development right may not be affected by changes to municipal
346 ordinances or regulations that occur after a vested right notice is recorded.
347 (5) Within 10 days after the recording of a vested right notice under this section, the
348 owner of the land shall provide a copy of the vested right notice, with recording information, to
349 the applicable local land use authority.
350 (6) A vested development right may not be affected by an action under Subsection
351 17-27a-508(1)(a)(ii)(A) or (B) or Subsection 10-9a-509(1)(a)(ii)(A) or (B).
352 Section 6. Section 11-58-104 is enacted to read:
353 11-58-104. Severability.
354 If a court determines that any provision of this chapter, or the application of any
355 provision of this chapter, is invalid, the remainder of this chapter shall be given effect without
356 the invalid provision or application.
357 Section 7. Section 11-58-105 is enacted to read:
358 11-58-105. Nonlapsing funds.
359 Money the authority receives from legislative appropriations is nonlapsing.
360 Section 8. Section 11-58-202 is amended to read:
361 11-58-202. Port authority powers and duties.
362 (1) The authority has exclusive jurisdiction, responsibility, and power to coordinate the
363 efforts of all applicable state and local government entities, property owners and other private
364 parties, and other stakeholders to:
365 (a) develop and implement a business plan for the authority jurisdictional land, to
366 include an environmental sustainability component, developed in conjunction with the Utah
367 Department of Environmental Quality, incorporating policies and best practices to meet or
368 exceed applicable federal and state standards, including:
369 (i) emissions monitoring and reporting; and
370 (ii) strategies that use the best available technology to mitigate environmental impacts
371 from development and uses on the authority jurisdictional land;
372 (b) plan and facilitate the development of inland port uses on authority jurisdictional
373 land and on land in other authority project areas;
374 (c) manage any inland port located on land owned or leased by the authority; and
375 (d) establish a foreign trade zone, as provided under federal law, covering some or all
376 of the authority jurisdictional land or land in other authority project areas.
377 (2) The authority may:
378 (a) facilitate and bring about the development of inland port uses on land that is part of
379 the authority jurisdictional land or that is in other authority project areas, including engaging in
380 marketing and business recruitment activities and efforts to encourage and facilitate:
381 (i) the development of an inland port on the authority jurisdictional land; and
382 (ii) other development of the authority jurisdictional land consistent with the policies
383 and objectives described in Subsection 11-58-203(1);
384 (b) facilitate and provide funding for the development of the authority jurisdictional
385 land and land in other authority project areas, including the development of publicly owned
386 infrastructure and improvements and other infrastructure and improvements on or related to the
387 authority jurisdictional land;
388 (c) engage in marketing and business recruitment activities and efforts to encourage
389 and facilitate development of the authority jurisdictional land;
390 (d) apply for and take all other necessary actions for the establishment of a foreign
391 trade zone, as provided under federal law, covering some or all of the authority jurisdictional
392 land;
393 (e) as the authority considers necessary or advisable to carry out any of its duties or
394 responsibilities under this chapter:
395 (i) buy, obtain an option upon, or otherwise acquire any interest in real or personal
396 property;
397 (ii) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
398 personal property; or
399 (iii) enter into a lease agreement on real or personal property, either as lessee or lessor;
400 (f) sue and be sued;
401 (g) enter into contracts generally;
402 (h) provide funding for the development of publicly owned infrastructure and
403 improvements or other infrastructure and improvements on or related to the authority
404 jurisdictional land or other authority project areas;
405 (i) exercise powers and perform functions under a contract, as authorized in the
406 contract;
407 (j) receive the property tax differential, as provided in this chapter;
408 (k) accept financial or other assistance from any public or private source for the
409 authority's activities, powers, and duties, and expend any funds so received for any of the
410 purposes of this chapter;
411 (l) borrow money, contract with, or accept financial or other assistance from the federal
412 government, a public entity, or any other source for any of the purposes of this chapter and
413 comply with any conditions of the loan, contract, or assistance;
414 (m) issue bonds to finance the undertaking of any development objectives of the
415 authority, including bonds under Chapter 17, Utah Industrial Facilities and Development Act,
416 bonds under Chapter 42, Assessment Area Act, and bonds under Chapter 42a, Commercial
417 Property Assessed Clean Energy Act;
418 (n) hire employees, including contract employees;
419 (o) transact other business and exercise all other powers provided for in this chapter;
420 (p) engage one or more consultants to advise or assist the authority in the performance
421 of the authority's duties and responsibilities;
422 [
423
424 [
425 communities to mitigate potential negative impacts from the development of authority
426 jurisdictional land;
427 [
428 ownership and operation of an intermodal facility to be necessary or desirable;
429 [
430 area outside the authority jurisdictional land; and
431 [
432 statute to exercise or perform.
433 (3) (a) Beginning [
434 [
435 jurisdictional land, identical to the boundary as delineated in the shapefile that is the electronic
436 component of H.B. 2001, Utah Inland Port Authority Amendments, 2018 Second Special
437 Session, subject to Subsection (3)(b) and any later changes to the boundary enacted by the
438 Legislature; and
439 [
440 public.
441 (b) (i) As used in this Subsection (3)(b), "split property" means a piece of land:
442 (A) with a single tax identification number; and
443 (B) that is partly included within and partly excluded from the authority jurisdictional
444 land by the boundary delineated in the shapefile described in Subsection 11-58-102(2).
445 (ii) With the consent of the mayor of the municipality in which the split property is
446 located, the executive director may adjust the boundary of the authority jurisdictional land to
447 include an excluded portion of a split property or exclude an included portion of a split
448 property.
449 (iii) In adjusting the boundary under Subsection (3)(b)(ii), the executive director shall
450 consult with the county assessor, the county surveyor, the owner of the split property, and the
451 municipality in which the split property is located.
452 (iv) A boundary adjustment under this Subsection (3)(b) affecting the northwest
453 boundary of the authority jurisdictional land shall maintain the buffer area between authority
454 jurisdictional land intended for development and land outside the boundary of the authority
455 jurisdictional land to be preserved from development.
456 (v) Upon completing boundary adjustments under this Subsection (3)(b), the executive
457 director shall cause to be recorded in the county recorder's office a map or other description,
458 sufficient for purposes of the county recorder, of the adjusted boundary of the authority
459 jurisdictional land.
460 (vi) The authority shall modify the official delineation of the boundary of the authority
461 jurisdictional land under Subsection (3)(a) to reflect a boundary adjustment under this
462 Subsection (3)(b).
463 (4) An intermodal facility owned by the authority is subject to a privilege tax under
464 Title 59, Chapter 4, Privilege Tax.
465 Section 9. Section 11-58-203 is amended to read:
466 11-58-203. Policies and objectives of the port authority -- Additional duties of the
467 port authority.
468 (1) The policies and objectives of the authority are to:
469 (a) maximize long-term economic benefits to the area, the region, and the state;
470 (b) maximize the creation of high-quality jobs;
471 (c) respect and maintain sensitivity to the unique natural environment of areas in
472 proximity to the authority jurisdictional land and land in other authority project areas;
473 (d) improve air quality and minimize resource use;
474 (e) respect existing land use and other agreements and arrangements between property
475 owners within the authority jurisdictional land and within other authority project areas and
476 applicable governmental authorities;
477 (f) promote and encourage development and uses that are compatible with or
478 complement uses in areas in proximity to the authority jurisdictional land or land in other
479 authority project areas;
480 (g) take advantage of the authority jurisdictional land's strategic location and other
481 features, including the proximity to transportation and other infrastructure and facilities, that
482 make the authority jurisdictional land attractive to:
483 (i) businesses that engage in regional, national, or international trade; and
484 (ii) businesses that complement businesses engaged in regional, national, or
485 international trade;
486 (h) facilitate the transportation of goods;
487 (i) coordinate trade-related opportunities to export Utah products nationally and
488 internationally;
489 (j) support and promote land uses on the authority jurisdictional land and land in other
490 authority project areas that generate economic development, including rural economic
491 development;
492 (k) establish a project of regional significance;
493 (l) facilitate an intermodal facility;
494 (m) support uses of the authority jurisdictional land for inland port uses, including
495 warehousing, light manufacturing, and distribution facilities;
496 (n) facilitate an increase in trade in the region and in global commerce;
497 (o) promote the development of facilities that help connect local businesses to potential
498 foreign markets for exporting or that increase foreign direct investment; [
499 (p) encourage all class 5 though 8 designated truck traffic entering the authority
500 jurisdictional land to meet the heavy-duty highway compression-ignition diesel engine and
501 urban bus exhaust emission standards for year 2007 and later[
502 (q) encourage the development and use of cost-efficient renewable energy in project
503 areas.
504 (2) In fulfilling its duties and responsibilities relating to the development of the
505 authority jurisdictional land and land in other authority project areas and to achieve and
506 implement the development policies and objectives under Subsection (1), the authority shall:
507 (a) work to identify funding sources, including federal, state, and local government
508 funding and private funding, for capital improvement projects in and around the authority
509 jurisdictional land and land in other authority project areas and for an inland port;
510 (b) review and identify land use and zoning policies and practices to recommend to
511 municipal land use policymakers and administrators that are consistent with and will help to
512 achieve:
513 (i) the policies and objectives stated in Subsection (1); and
514 (ii) the mutual goals of the state and local governments that have authority
515 jurisdictional land with their boundaries with respect to the authority jurisdictional land; [
516 (c) consult and coordinate with other applicable governmental entities to improve and
517 enhance transportation and other infrastructure and facilities in order to maximize the potential
518 of the authority jurisdictional land to attract, retain, and service users who will help maximize
519 the long-term economic benefit to the state[
520 (d) pursue policies that the board determines are designed to avoid or minimize
521 negative environmental impacts of development.
522 (3) (a) The authority may use property tax differential and other authority money to
523 encourage, incentivize, or require development that:
524 (i) mitigates noise, air pollution, light pollution, surface and groundwater pollution,
525 and other negative environmental impacts;
526 (ii) mitigates traffic congestion; or
527 (iii) uses high efficiency building construction and operation.
528 (b) (i) In consultation with the municipality in which development is expected to occur,
529 the authority shall establish minimum mitigation and environmental standards that a landowner
530 is required to meet to qualify for the use of property tax differential in the landowner's
531 development.
532 (ii) The authority may not use property tax differential for a landowner's development
533 in a project area unless the minimum mitigation and environmental standards are followed with
534 respect to that landowner's development.
535 (c) The authority may develop and implement world-class, state-of-the-art,
536 zero-emissions logistics that support continued growth of the state's economy in order to:
537 (i) promote the state as the global center of efficient and sustainable supply chain
538 logistics;
539 (ii) facilitate the efficient movement of goods on roads and rails and through the air;
540 (iii) benefit the commercial viability of developers, landowners, and tenants and users;
541 and
542 (iv) attract capital and expertise in pursuit of the next generation of logistics solutions.
543 Section 10. Section 11-58-205 is amended to read:
544 11-58-205. Applicability of other law -- Cooperation of state and local
545 governments -- Municipality to consider board input -- Prohibition relating to natural
546 resources -- Inland port as permitted or conditional use -- Municipal services --
547 Disclosure by nonauthority governing body member.
548 (1) Except as otherwise provided in [
549 authority does not have and may not exercise any powers relating to the regulation of land uses
550 on the authority jurisdictional land.
551 (2) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107,
552 63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed
553 by Title 63E, Independent Entities Code.
554 (3) A department, division, or other agency of the state and a political subdivision of
555 the state shall cooperate with the authority to the fullest extent possible to provide whatever
556 support, information, or other assistance the board requests that is reasonably necessary to help
557 the authority fulfill its duties and responsibilities under this chapter.
558 (4) In making decisions affecting the authority jurisdictional land, the legislative body
559 of a municipality in which the authority jurisdictional land is located shall consider input from
560 the authority board.
561 (5) (a) No later than December 31, 2018, the ordinances of a municipality with
562 authority jurisdictional land within its boundary shall allow an inland port as a permitted or
563 conditional use, subject to standards that are:
564 (i) determined by the municipality; and
565 (ii) consistent with the policies and objectives stated in Subsection 11-58-203(1).
566 (b) A municipality whose ordinances do not comply with Subsection (5)(a) within the
567 time prescribed in that subsection shall allow an inland port as a permitted use without regard
568 to any contrary provision in the municipality's land use ordinances.
569 (6) The transporting, unloading, loading, transfer, or temporary storage of natural
570 resources may not be prohibited on the authority jurisdictional land.
571 (7) (a) [
572 provide the same municipal services to the area of the municipality that is within the authority
573 jurisdictional land as the municipality provides to other areas of the municipality with similar
574 zoning and a similar development level.
575 [
576 within authority jurisdictional land shall be fairly and reasonably consistent with the level and
577 quality of municipal services that the municipality provides to other areas of the municipality
578 with similar zoning and a similar development level.
579 [
580
581
582
583 [
584
585
586
587 [
588
589 [
590
591 [
592
593
594
595 [
596
597
598
599 [
600
601
602
603 [
604
605
606
607 [
608
609
610
611 [
612
613 [
614 [
615 [
616 (i) "Direct financial benefit" means the same as that term is defined in Section
617 11-58-304.
618 (ii) "Nonauthority governing body member" means a member of the board or other
619 body that has authority to make decisions for a nonauthority government owner.
620 (iii) "Nonauthority government owner" mean a state agency or nonauthority local
621 government entity that owns land that is part of the authority jurisdictional land.
622 (iv) "Nonauthority local government entity":
623 (A) means a county, city, town, metro township, local district, special service district,
624 community reinvestment agency, or other political subdivision of the state; and
625 (B) excludes the authority.
626 (v) "State agency" means a department, division, or other agency or instrumentality of
627 the state, including an independent state agency.
628 (b) A nonauthority governing body member who owns or has a financial interest in
629 land that is part of the authority jurisdictional land or who reasonably expects to receive a
630 direct financial benefit from development of authority jurisdictional land shall submit a written
631 disclosure to the authority board and the nonauthority government owner.
632 (c) A written disclosure under Subsection [
633 (i) the nonauthority governing body member's ownership or financial interest in
634 property that is part of the authority jurisdictional land; and
635 (ii) the direct financial benefit the nonauthority governing body member expects to
636 receive from development of authority jurisdictional land.
637 (d) A nonauthority governing body member required under Subsection [
638 submit a written disclosure shall submit the disclosure no later than 30 days after:
639 (i) the nonauthority governing body member:
640 (A) acquires an ownership or financial interest in property that is part of the authority
641 jurisdictional land; or
642 (B) first knows that the nonauthority governing body member expects to receive a
643 direct financial benefit from the development of authority jurisdictional land; or
644 (ii) the effective date of this Subsection [
645 described in Subsection [
646 (e) A written disclosure submitted under this Subsection [
647 Section 11. Section 11-58-301 is amended to read:
648 11-58-301. Port authority board -- Delegation of power.
649 (1) The authority shall be governed by a board which shall manage and conduct the
650 business and affairs of the authority and shall determine all questions of authority policy.
651 (2) All powers of the authority are exercised through the board or, as provided in
652 Section 11-58-305, the executive director.
653 (3) The board may by resolution delegate powers to authority staff.
654 Section 12. Section 11-58-302 is amended to read:
655 11-58-302. Number of board members -- Appointment -- Vacancies.
656 (1) The authority's board shall consist of 11 members, as provided in Subsection (2).
657 (2) (a) The governor shall appoint two board members[
658 (i) one of whom shall be [
659
660 development or corporate recruitment and retention; and
661 (ii) one of whom shall be an individual engaged in statewide trade, import and export
662 activities, or foreign direct investment.
663 (b) The president of the Senate shall appoint one board member.
664 (c) The speaker of the House of Representatives shall appoint one board member.
665 (d) The mayor of Salt Lake County [
666 shall serve as a board member.
667 (e) The chair of the Permanent Community Impact Fund Board, created in Section
668 35A-8-304, shall appoint one board member from among the members of the Permanent
669 Community Impact Fund Board.
670 (f) The [
671 or the mayor's designee, shall serve as a board member.
672 (g) [
673
674 as a board member.
675 (h) The city manager of West Valley City, with the consent of the city council of West
676 Valley City, shall appoint one board member.
677 [
678
679 [
680 Development shall serve as a board member.
681 (j) The mayor of the Magna metro township, or the mayor's designee, shall serve as a
682 board member.
683 (3) An individual required under Subsection (2) to appoint a board member shall
684 appoint each initial board member the individual is required to appoint no later than June 1,
685 2018.
686 (4) (a) A vacancy in the board shall be filled in the same manner under this section as
687 the appointment of the member whose vacancy is being filled.
688 (b) A person appointed to fill a vacancy shall serve the remaining unexpired term of
689 the member whose vacancy the person is filling.
690 (5) A member of the board appointed by the governor, president of the Senate, or
691 speaker of the House of Representatives serves at the pleasure of and may be removed and
692 replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
693 of the House of Representatives, respectively.
694 (6) The authority may appoint nonvoting members of the board and set terms for those
695 nonvoting members.
696 (7) Upon a vote of a majority of all board members, the board may appoint a board
697 chair and any other officer of the board.
698 (8) (a) An individual designated as a board member under Subsection (2)(g), (i), or (j)
699 who would be precluded from serving as a board member because of Subsection 11-58-304(2):
700 (i) may serve as a board member notwithstanding Subsection 11-58-304(2); and
701 (ii) shall disclose in writing to the board the circumstances that would otherwise have
702 precluded the individual from serving as a board member under Subsection 11-58-304(2).
703 (b) A written disclosure under Subsection (8)(a)(ii) is a public record under Title 63G,
704 Chapter 2, Government Records Access and Management Act.
705 (9) The board may appoint one or more advisory committees that may include
706 individuals from impacted public entities, community organizations, environmental
707 organizations, business organizations, or other organizations or associations.
708 Section 13. Section 11-58-303 is amended to read:
709 11-58-303. Term of board members -- Quorum -- Compensation.
710 (1) The term of a board member appointed under Subsection 11-58-302(2)(a), (b), (c),
711 [
712 appointed under Subsection 11-58-302(2)(a) and of the members appointed under Subsections
713 11-58-302(2)[
714 (2) Each board member shall serve until a successor is duly appointed and qualified.
715 (3) A board member may serve multiple terms if duly appointed to serve each term
716 under Subsection 11-58-302(2).
717 (4) A majority of board members constitutes a quorum, and the action of a majority of
718 a quorum constitutes action of the board.
719 (5) (a) A board member who is not a legislator may not receive compensation or
720 benefits for the member's service on the board, but may receive per diem and reimbursement
721 for travel expenses incurred as a board member as allowed in:
722 (i) Sections 63A-3-106 and 63A-3-107; and
723 (ii) rules made by the Division of Finance according to Sections 63A-3-106 and
724 63A-3-107.
725 (b) Compensation and expenses of a board member who is a legislator are governed by
726 Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
727 Section 14. Section 11-58-305 is amended to read:
728 11-58-305. Executive director.
729 (1) On or before July 1, 2019, the board shall hire a full-time executive director. [
730 (2) (a) The executive director is the chief executive officer of the authority.
731 (b) The role of the executive director is to:
732 (i) manage and oversee the day-to-day operations of the authority;
733 (ii) fulfill the executive and administrative duties and responsibilities of the authority;
734 and [
735 (iii) perform other functions, as directed by the board.
736 [
737 necessary to perform the executive director's duties in a way that maximizes the potential for
738 successfully achieving and implementing the strategies, policies, and objectives stated in
739 Subsection 11-58-203(1).
740 [
741 board and may be removed by the board at any time.
742 [
743 executive director.
744 Section 15. Section 11-58-505 is amended to read:
745 11-58-505. Project area budget.
746 (1) Before the authority may use the property tax differential from a project area, the
747 board shall prepare and adopt a project area budget.
748 (2) A project area budget shall include:
749 (a) the base taxable value of property in the project area;
750 (b) the projected property tax differential expected to be generated within the project
751 area;
752 [
753
754 [
755 the project area plan, including the estimated amount of the property tax differential to be used
756 for land acquisition, public improvements, infrastructure improvements, and loans, grants, or
757 other incentives to private and public entities;
758 [
759 administering the project area plan; and
760 [
761 the expected total cost of the property to the authority and the expected selling price or lease
762 payments.
763 (3) The board may amend an adopted project area budget as and when the board
764 considers it appropriate.
765 (4) For a project area that consists of the authority jurisdictional land, the budget
766 requirements of this part are met by the authority complying with the budget requirements of
767 Part 8, Port Authority Budget, Reporting, and Audits.
768 Section 16. Section 11-58-601 is amended to read:
769 11-58-601. Port authority receipt and use of property tax differential --
770 Distribution of property tax differential.
771 [
772 [
773 [
774
775
776 [
777
778
779
780 [
781
782 [
783
784
785 (1) As used in this section:
786 (a) "Designation resolution" means a resolution adopted by the board that designates a
787 transition date for the parcel specified in the resolution.
788 (b) "Post-designation differential" means 75% of property tax differential generated
789 from a post-designation parcel.
790 (c) "Post-designation parcel" means a parcel within a project area after the transition
791 date for that parcel.
792 (d) "Pre-designation differential" means 75% of property tax differential generated
793 from all pre-designation parcels within a project area.
794 (e) "Pre-designation parcel" means a parcel within a project area before the transition
795 date for that parcel.
796 (f) "Transition date" means the date after which the authority is to be paid
797 post-designation differential for the parcel that is the subject of a designation resolution.
798 (2) (a) The authority shall be paid pre-designation differential generated within the
799 authority jurisdictional land:
800 (i) for the period beginning November 2019 and ending November 2044; and
801 (ii) for a period of 15 years following the period described in Subsection (2)(a)(i) if,
802 before the end of the period described in Subsection (2)(a)(i), the board adopts a resolution
803 extending the period described in Subsection (2)(a)(i) for 15 years.
804 (b) The authority shall be paid pre-designation differential generated within a project
805 area, other than the authority jurisdictional land:
806 (i) for a period of 25 years beginning the date the board adopts a project area plan
807 under Section 11-58-502 establishing the project area; and
808 (ii) for a period of 15 years following the period described in Subsection (2)(b)(i) if,
809 before the end of the period described in Subsection (2)(b)(i), the board adopts a resolution
810 extending the period described in Subsection (2)(b)(i) for 15 years.
811 (3) The authority shall be paid post-designation differential generated from a
812 post-designation parcel:
813 (a) for a period of 25 years beginning on the transition date for that parcel; and
814 (b) for a period of an additional 15 years beyond the period stated in Subsection (3)(a)
815 if the board determines by resolution that the additional years of post-designation differential
816 from that parcel will produce a significant benefit.
817 (4) (a) For purposes of this section, the authority may designate an improved portion of
818 a parcel in a project area as a separate parcel.
819 (b) An authority designation of an improved portion of a parcel as a separate parcel
820 under Subsection (4)(a) does not constitute a subdivision, as defined in Section 10-9a-103 or
821 Section 17-27a-103.
822 (c) A county recorder shall assign a separate tax identification number to the improved
823 portion of a parcel designated by the authority as a separate parcel under Subsection (4)(a).
824 [
825 [
826 included within a community reinvestment project area under a community reinvestment
827 project area plan, as defined in Section 17C-1-102, adopted before October 1, 2018, [
828 the taxing entity [
829 binding agreement under which the taxing entity agrees to the use of its tax increment, as
830 defined in Section 17C-1-102, under the community reinvestment project area plan; or
831 [
832 (i) that was substantially developed before December 1, 2018;
833 (ii) for which a certificate of occupancy was issued before December 1, 2018[
834 (iii) that is identified in a list that the municipality in which the land is located provides
835 to the authority and the county assessor by April 1, 2020.
836 [
837 [
838 of an eligible community reinvestment agency and from which the authority is paid property
839 tax differential.
840 (ii) "Applicable differential" means the amount of property tax differential paid to the
841 authority that is generated from agency land.
842 [
843 reinvestment agency in which agency land is located.
844 [
845
846 for affordable housing as provided in Section 17C-1-412.
847 [
848 property within a project area shall pay and distribute to the authority the property tax
849 differential that the authority is entitled to collect under this [
850 the time provided in Section 59-2-1365.
851 (b) For property tax differential that a county collects for tax year 2019, a county shall
852 pay and distribute to the authority, on or before June 30, 2020, the property tax differential that
853 the authority is entitled to collect:
854 (i) according to the provisions of this section; and
855 (ii) based on the boundary of the authority jurisdictional land as of May 31, 2020.
856 [
857
858
859 [
860 [
861
862 Section 17. Section 11-58-602 is amended to read:
863 11-58-602. Allowable uses of property tax differential and other funds.
864 (1) The authority may use the property tax differential, money the authority receives
865 from the state, money the authority receives under Subsection 59-12-205(2)(b)(iii), and other
866 funds available to the authority:
867 (a) for any purpose authorized under this chapter;
868 (b) [
869 other operating expenses of the authority;
870 (c) to pay for, including financing or refinancing, all or part of the development of land
871 within a project area, including assisting the ongoing operation of a development or facility
872 within the project area;
873 (d) to pay the cost of the installation and construction of publicly owned infrastructure
874 and improvements within the project area from which the property tax differential funds were
875 collected;
876 (e) to pay the cost of the installation of publicly owned infrastructure and
877 improvements outside a project area if the board determines by resolution that the
878 infrastructure and improvements are of benefit to the project area;
879 [
880
881 [
882
883 [
884
885 [
886 in Subsection 11-58-601[
887 [
888 (2) The authority may use revenue generated from the operation of publicly owned
889 infrastructure operated by the authority or improvements, including an intermodal facility,
890 operated by the authority to:
891 (a) operate and maintain the infrastructure or improvements; and
892 (b) pay for authority operating expenses, including administrative, overhead, and legal
893 expenses.
894 (3) The determination of the board under Subsection (1)(e) regarding benefit to the
895 project area is final.
896 [
897
898
899 [
900 [
901
902 [
903 project area for a development project within another project area.
904 [
905 the authority may not spend property tax differential revenue collected from authority
906 jurisdictional land.
907 [
908 (i) "Authority sales and use tax revenue" means money distributed to the authority
909 under Subsection 59-12-205(2)(b)(iii).
910 (ii) "Eligible county" means a county that would be entitled to receive sales and use tax
911 revenue under Subsection 59-12-205(2)(b)(i) in the absence of Subsection 59-12-205(2)(b)(iii).
912 (iii) "Eligible municipality" means a municipality that would be entitled to receive
913 sales and use tax revenue under Subsection 59-12-205(2)(b)(i) in the absence of Subsection
914 59-12-205(2)(b)(iii).
915 (iv) "Point of sale portion" means:
916 (A) for an eligible county, the amount of sales and use tax revenue the eligible county
917 would have received under Subsection 59-12-205(2)(b)(i) in the absence of Subsection
918 59-12-205(2)(b)(iii), excluding the retail sales portion; and
919 (B) for an eligible municipality, the amount of sales and use tax revenue the eligible
920 municipality would have received under Subsection 59-12-205(2)(b)(i) in the absence of
921 Subsection 59-12-205(2)(b)(iii), excluding the retail sales portion.
922 (v) "Retail sales portion" means the amount of sales and use tax revenue collected
923 under Subsection 59-12-205(2)(b)(i) from retail sales transactions that occur on authority
924 jurisdictional land.
925 (b) Within 45 days after receiving authority sales and use tax revenue, the authority
926 shall:
927 (i) distribute half of the point of sale portion to each eligible county and eligible
928 municipality; and
929 (ii) distribute all of the retail sales portion to each eligible county and eligible
930 municipality.
931 Section 18. Section 54-17-806 is amended to read:
932 54-17-806. Qualified utility renewable energy tariff.
933 (1) The commission may authorize a qualified utility to implement a renewable energy
934 tariff in accordance with this section if the commission determines the tariff that the qualified
935 utility proposes is reasonable and in the public interest.
936 (2) The commission may authorize a tariff under Subsection (1) to apply to:
937 (a) a qualified utility customer with an aggregated electrical load of at least five
938 megawatts; or
939 (b) a combination of qualified utility customers who are separately metered if:
940 (i) the aggregated electrical load of the qualified utility customers is at least five
941 megawatts; and
942 (ii) each of the qualified utility customers [
943 located within [
944 (3) A customer who agrees to take service that is subject to the renewable energy tariff
945 under this section shall pay:
946 (a) the customer's normal tariff rate;
947 (b) an incremental charge in an amount equal to the difference between the cost to the
948 qualified utility to supply renewable generation to the renewable energy tariff customer and the
949 qualified utility's avoided costs as defined in Subsection 54-2-1(1), or a different methodology
950 recommended by the qualified utility; and
951 (c) an administrative fee in an amount approved by the commission.
952 (4) The commission shall allow a qualified utility to recover the qualified utility's
953 prudently incurred cost of renewable generation procured pursuant to the tariff established in
954 this section that is not otherwise recovered from the proceeds of the tariff paid by customers
955 agreeing to service that is subject to the renewable energy tariff.
956 Section 19. Section 63J-1-602.1 is amended to read:
957 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
958 Appropriations made from the following accounts or funds are nonlapsing:
959 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
960 and Leadership Restricted Account created in Section 4-42-102.
961 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
962 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
963 Section 9-18-102.
964 (4) The National Professional Men's Soccer Team Support of Building Communities
965 Restricted Account created in Section 9-19-102.
966 (5) Funds collected for directing and administering the C-PACE district created in
967 Section 11-42a-302.
968 (6) Money received by the Utah Inland Port Authority, as provided in Section
969 11-58-105.
970 [
971 in Section 23-14-13.5.
972 [
973 under Section 24-4-117.
974 [
975 incurred in responding to a local health emergency under Section 26-1-38.
976 [
977 provided in Section 26-8a-207.
978 [
979 26-21a-304.
980 [
981 Program as provided in Section 26-40-108.
982 [
983 Section 26-58-102.
984 [
985 [
986 31A-3-104.
987 [
988 31A-3-105.
989 [
990 except to the extent that Section 31A-3-304 makes the money received under that section free
991 revenue.
992 [
993 31A-23a-415.
994 [
995 Section 31A-30-115.
996 [
997 31A-31-108.
998 [
999 Restricted Account created in Section 32B-2-306.
1000 [
1001 [
1002 certain products or services, as provided in Section 35A-13-202.
1003 [
1004 [
1005 41-1a-121 to the Motor Vehicle Division.
1006 [
1007 Account created by Section 41-3-110 to the State Tax Commission.
1008 [
1009 in Section 53-1-120.
1010 [
1011 Emergency Management, as provided in Section 53-2a-603.
1012 [
1013 Public Safety, as provided in Section 53-3-106.
1014 [
1015 Section 53-8-303.
1016 [
1017 [
1018 [
1019 53B-2a-118.
1020 [
1021 53B-22-202.
1022 [
1023 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1024 [
1025 54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
1026 [
1027 access to an electronic reference library, as provided in Section 58-3a-105.
1028 [
1029 Licensing for violation of unlawful or unprofessional conduct that are used for education and
1030 enforcement purposes, as provided in Section 58-17b-505.
1031 [
1032 access to an electronic reference library, as provided in Section 58-22-104.
1033 [
1034 access to an electronic reference library, as provided in Section 58-55-106.
1035 [
1036 access to an electronic reference library, as provided in Section 58-56-3.5.
1037 [
1038 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
1039 provided in Section 58-63-103.
1040 [
1041 [
1042 [
1043 background check for a mortgage loan license, as provided in Section 61-2c-202.
1044 [
1045 background check for principal broker, associate broker, and sales agent licenses, as provided
1046 in Section 61-2f-204.
1047 [
1048 Section 62A-1-111.
1049 [
1050 Children Issues Restricted Account created in Section 62A-1-202.
1051 [
1052 provided in Section 62A-4a-110.
1053 [
1054 62A-4a-608.
1055 [
1056 provided in Section 63G-3-402.
1057 [
1058 [
1059 provided in Section 63H-1-504.
1060 [
1061 63H-7a-303.
1062 [
1063 63H-7a-304.
1064 [
1065 63H-7a-403.
1066 [
1067 Section 63J-4-703.
1068 [
1069 [
1070 Commission, as provided under Section 63N-10-301.
1071 [
1072 inmates, as provided in Subsection 64-13e-104(2).
1073 [
1074 Fire, and State Lands, as provided in Section 65A-8-103.
1075 [
1076 created in Section 71-14-102.
1077 [
1078 72-16-204.
1079 [
1080 fines or bonds, as provided in Section 73-3-25.
1081 [
1082 Section 73-23-2.
1083 [
1084 Subsection 78A-6-203(1)(c).
1085 [
1086 [
1087 78B-6-141, 78B-6-144, and 78B-6-144.5.
1088 [
1089 Part 4, Utah Indigent Defense Commission.
1090 [
1091 State Park, Jordan River State Park, and Green River State Park, as provided under Section
1092 79-4-403.
1093 [
1094 sale or disposal of buffalo, as provided under Section 79-4-1001.
1095 Section 20. Repealer.
1096 This bill repeals:
1097 Section 11-58-401, Definitions.
1098 Section 11-58-402, Appeals panel.
1099 Section 11-58-402.5, Municipal processing of an inland port use application and
1100 appeal.
1101 Section 11-58-403, Appeals process and standards.
1102 Section 21. Effective date.
1103 If approved by two-thirds of all the members elected to each house, this bill takes effect
1104 upon approval by the governor, or the day following the constitutional time limit of Utah
1105 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1106 the date of veto override.