Senator David G. Buxton proposes the following substitute bill:


1     
INLAND PORT MODIFICATIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: David G. Buxton

6     

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[, subject to the time limit under Subsection
102     11-58-402.5(2) for an inland port use application, as defined in Section 11-58-401].
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[, except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel,
156     for an appeal of an inland port use appeal decision, as defined in Section 11-58-401]; and
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     except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel, for an appeal of
186     an inland port use appeal decision, as defined in Section 11-58-401].
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[: (a)] is the electronic component of H.B. 2001, Utah
194     Inland Port Authority Amendments, 2018 Second Special Session; and
195          (b) [may be accessed via the Utah Legislature's website] beginning April 1, 2020, as
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[(1)(c)](5), the taxable value of that
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 [as certified by the county assessor].
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          [(q) enter into an agreement with a taxing entity to share property tax differential for
423     services that the taxing entity provides within the authority jurisdictional land;]
424          [(r)] (q) work with other political subdivisions and neighboring property owners and
425     communities to mitigate potential negative impacts from the development of authority
426     jurisdictional land;
427          [(s)] (r) own and operate an intermodal facility if the authority considers the authority's
428     ownership and operation of an intermodal facility to be necessary or desirable;

429          [(t)] (s) own and operate publicly owned infrastructure and improvements in a project
430     area outside the authority jurisdictional land; and
431          [(u)] (t) exercise powers and perform functions that the authority is authorized by
432     statute to exercise or perform.
433          (3) (a) Beginning [January] April 1, 2020, the authority shall:
434          [(a)] (i) be the repository of the official delineation of the boundary of the authority
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          [(b)] (ii) maintain an accurate digital file of the boundary that is easily accessible by the
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; [and]
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[.]; and
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; [and]
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[.]; and
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 [Part 4, Appeals to Appeals Panel] this chapter, the
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) [(i)] A municipality whose boundary includes authority jurisdictional land shall
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          [(ii)] (b) The level and quality of municipal services that a municipality provides
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          [(b) (i) The board shall negotiate and enter into an agreement with a municipality
580     providing municipal services, as described in Subsection (7)(a), with respect to the appropriate
581     amount of property tax differential the authority should share with the municipality to cover the
582     cost of providing those municipal services.]
583          [(ii) Under an agreement described in Subsection (7)(b)(i), the board and municipality

584     shall establish a method of determining the amount of property tax differential the authority
585     shares over time with a municipality to cover the cost of providing municipal services, taking
586     into account:]
587          [(A) the cost of those services as documented in the audited financial statements under
588     Subsection (7)(c); and]
589          [(B) the variable level of need for those services within the authority jurisdictional land
590     depending on the level, amount, and location of development and other relevant factors.]
591          [(c) A municipality providing municipal services, as described in Subsection (7)(a),
592     shall, as requested by the board, provide the board audited financial statements documenting
593     the cost of the municipal services the municipality provides within the authority jurisdictional
594     land.]
595          [(8) (a) The board shall negotiate and enter into an agreement with a municipality or
596     other taxing entity in which the authority jurisdictional land is located to share some of the
597     increase in property tax differential that occurs over time as development occurs and the
598     amount of property tax revenue increases.]
599          [(b) In an agreement described in Subsection (8)(a), the board and municipality or
600     other taxing entity shall establish a method of determining the amount of property tax
601     differential the authority shares over time to allow the municipality or other taxing entity to
602     share in the benefit from increasing property tax revenue.]
603          [(9) The board may consult with other taxing entities, in addition to a municipality
604     under Subsection (7), for the purpose of receiving input from those taxing entities on the
605     appropriate allocation of property tax differential, considering the needs of the authority and
606     the needs of the other taxing entities.]
607          [(10) (a) The board shall review and reassess the amount of property tax differential the
608     authority retains and the amount the authority shares with other taxing entities so that the
609     authority retains property tax differential it reasonably needs to meet its responsibilities and
610     purposes and adjusts the amount the authority shares with other taxing entities accordingly.]
611          [(b) The board shall meet with taxing entities to review and reassess, as provided in
612     Subsection (10)(a):]
613          [(i) before December 31, 2020; and]
614          [(ii) at least every other year after 2020.]

615          [(11)] (8) (a) As used in this Subsection [(11)] (8):
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 [(11)] (8)(b) shall describe, as applicable:
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 [(11)] (8)(b) to
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 [(11)] (8), if that date is later than the period
645     described in Subsection [(11)] (8)(d)(i).

646          (e) A written disclosure submitted under this Subsection [(11)] (8) is a public record.
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 [an employee or officer of the Governor's Office of Economic
659     Development, created in Section 63N-1-201] an individual engaged in statewide economic
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 [mayor shall appoint one], or the mayor's designee,
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 [chair of the] mayor of Salt Lake [Airport Advisory Board, or the chair's] City,
671     or the mayor's designee, shall serve as a board member.
672          (g) [The] A member of the Salt Lake City council [who is elected by district and whose
673     district includes the Salt Lake City Airport], selected by the Salt Lake City council, shall serve
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          [(i) The executive director of the Department of Transportation, appointed under
678     Section 72-1-202, shall serve as a board member.]
679          [(j)] (i) The director of the Salt Lake County office of Regional Economic
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     [(d), or] (e), (g), or (h) is four years, except that the initial term of one of the two members
712     appointed under Subsection 11-58-302(2)(a) and of the members appointed under Subsections
713     11-58-302(2)[(d)](e) and [(h)] (g) is two years.
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. [to]
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 [to]
735          (iii) perform other functions, as directed by the board.
736          [(2)] (3) The executive director shall have the education, experience, and training
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          [(3)] (4) An executive director is an at-will employee who serves at the pleasure of the
741     board and may be removed by the board at any time.
742          [(4)] (5) The board shall establish the duties, compensation, and benefits of an
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          [(c) the amount of the property tax differential expected to be shared with other taxing
753     entities;]
754          [(d)] (c) the amount of the property tax differential expected to be used to implement
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          [(e)] (d) the property tax differential expected to be used to cover the cost of
759     administering the project area plan; and
760          [(f)] (e) for property that the authority owns or leases and expects to sell or sublease,
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          [(1) (a) The authority:]
772          [(i) subject to Subsections (1)(b), (c), and (d):]
773          [(A) shall be paid 100% of the property tax differential, as provided in Subsection (3),
774     for a period of 25 years after a certificate of occupancy is issued with respect to improvements
775     on a parcel, as determined by the board and as provided in this part; and]
776          [(B) may be paid up to 100% of the property tax differential, as provided in Subsection
777     (3), for a period of 15 additional years beyond the period stated in Subsection (1)(a)(i)(A) if the
778     board determines that the additional years of property tax differential will produce a significant
779     benefit; and]
780          [(ii) may use the property tax differential before, during, and after the period described
781     in Subsection (1)(a)(i).]
782          [(b) With respect to a parcel located within a project area, the period described in
783     Subsection (1)(a)(i) begins on the day on which the authority receives the first property tax
784     differential from that parcel.]
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          [(c)] (5) The authority may not receive [property tax differential from]:
825          [(i)] (a) a taxing entity's portion of property tax differential generated from an area
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, [from a] if
828     the taxing entity [that] has, before October 1, 2018, entered into a fully executed, legally
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          [(ii)] (b) property tax differential from a parcel of land:

832          (i) that was substantially developed before December 1, 2018;
833          (ii) for which a certificate of occupancy was issued before December 1, 2018[.]; and
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          [(d) (i)] (6) (a) As used in this Subsection [(1)(d)] (6):
837          [(A)] (i) "Agency land" means authority jurisdictional land that is within the boundary
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          [(B)] (iii) "Eligible community reinvestment agency" means the community
843     reinvestment agency in which agency land is located.
844          [(ii)] (b) The authority shall pay 10% of [the property tax differential generated from
845     agency land] applicable differential to the eligible community reinvestment agency, to be used
846     for affordable housing as provided in Section 17C-1-412.
847          [(2)] (7) (a) [A] Subject to Subsection (7)(b), a county that collects property tax on
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 [title] chapter, in the manner and at
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          [(3) Until the end of the period described in Subsection (1)(a)(i), the county shall pay
857     to the authority all property tax differential collected from a parcel within a project area,
858     beginning:]
859          [(a) for a parcel that is part of the authority jurisdictional land, November 2019; and]
860          [(b) for a parcel in any other project area, November of the year following the year that
861     forms the basis of the base taxable value calculation.]
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) [subject to Subsection (4),] for administrative, overhead, legal, consulting, and
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          [(f) to pay for municipal services that a municipality provides within the authority
880     jurisdictional land;]
881          [(g) to pay for other services that a taxing entity provides within the authority
882     jurisdictional land;]
883          [(h) to share growth in the amount of property tax differential over time with other
884     taxing entities;]
885          [(i)] (f) to pay to a community reinvestment agency for affordable housing, as provided
886     in Subsection 11-58-601[(1)(d)](6); and
887          [(j)] (g) to pay the principal and interest on bonds issued by the authority.
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          [(4) The authority may not use more than 5% of property tax differential revenue
897     collected during the period described in Subsection 11-58-601(1)(a)(i) to pay for authority
898     operating expenses, including:]
899          [(a) administrative and overhead expenses; and]
900          [(b) legal expenses, except legal fees and expenses with respect to potential or pending
901     litigation involving the authority.]
902          [(5)] (4) The authority may not use property tax differential revenue collected from one
903     project area for a development project within another project area.
904          [(6)] (5) Until the authority adopts a business plan under Subsection 11-58-202(1)(a),
905     the authority may not spend property tax differential revenue collected from authority
906     jurisdictional land.
907          [(7)] (6) (a) As used in this Subsection [(7)] (6):
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 [and the renewable energy source are] is
943     located within [authority jurisdictional land] a project area, as defined in Section 11-58-102.
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          [(6)] (7) The "Support for State-Owned Shooting Ranges Restricted Account" created
971     in Section 23-14-13.5.
972          [(7)] (8) Award money under the State Asset Forfeiture Grant Program, as provided
973     under Section 24-4-117.
974          [(8)] (9) Funds collected from the program fund for local health department expenses
975     incurred in responding to a local health emergency under Section 26-1-38.
976          [(9)] (10) Funds collected from the emergency medical services grant program, as
977     provided in Section 26-8a-207.
978          [(10)] (11) The Children with Cancer Support Restricted Account created in Section
979     26-21a-304.
980          [(11)] (12) State funds for matching federal funds in the Children's Health Insurance
981     Program as provided in Section 26-40-108.
982          [(12)] (13) The Children with Heart Disease Support Restricted Account created in
983     Section 26-58-102.
984          [(13)] (14) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
985          [(14)] (15) The Technology Development Restricted Account created in Section
986     31A-3-104.

987          [(15)] (16) The Criminal Background Check Restricted Account created in Section
988     31A-3-105.
989          [(16)] (17) The Captive Insurance Restricted Account created in Section 31A-3-304,
990     except to the extent that Section 31A-3-304 makes the money received under that section free
991     revenue.
992          [(17)] (18) The Title Licensee Enforcement Restricted Account created in Section
993     31A-23a-415.
994          [(18)] (19) The Health Insurance Actuarial Review Restricted Account created in
995     Section 31A-30-115.
996          [(19)] (20) The Insurance Fraud Investigation Restricted Account created in Section
997     31A-31-108.
998          [(20)] (21) The Underage Drinking Prevention Media and Education Campaign
999     Restricted Account created in Section 32B-2-306.
1000          [(21)] (22) The School Readiness Restricted Account created in Section 35A-15-203.
1001          [(22)] (23) Money received by the Utah State Office of Rehabilitation for the sale of
1002     certain products or services, as provided in Section 35A-13-202.
1003          [(23)] (24) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1004          [(24)] (25) The Electronic Payment Fee Restricted Account created by Section
1005     41-1a-121 to the Motor Vehicle Division.
1006          [(25)] (26) The Motor Vehicle Enforcement Division Temporary Permit Restricted
1007     Account created by Section 41-3-110 to the State Tax Commission.
1008          [(26)] (27) The Utah Law Enforcement Memorial Support Restricted Account created
1009     in Section 53-1-120.
1010          [(27)] (28) The State Disaster Recovery Restricted Account to the Division of
1011     Emergency Management, as provided in Section 53-2a-603.
1012          [(28)] (29) The Department of Public Safety Restricted Account to the Department of
1013     Public Safety, as provided in Section 53-3-106.
1014          [(29)] (30) The Utah Highway Patrol Aero Bureau Restricted Account created in
1015     Section 53-8-303.
1016          [(30)] (31) The DNA Specimen Restricted Account created in Section 53-10-407.
1017          [(31)] (32) The Canine Body Armor Restricted Account created in Section 53-16-201.

1018          [(32)] (33) The Technical Colleges Capital Projects Fund created in Section
1019     53B-2a-118.
1020          [(33)] (34) The Higher Education Capital Projects Fund created in Section
1021     53B-22-202.
1022          [(34)] (35) A certain portion of money collected for administrative costs under the
1023     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1024          [(35)] (36) The Public Utility Regulatory Restricted Account created in Section
1025     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
1026          [(36)] (37) Funds collected from a surcharge fee to provide certain licensees with
1027     access to an electronic reference library, as provided in Section 58-3a-105.
1028          [(37)] (38) Certain fines collected by the Division of Occupational and Professional
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          [(38)] (39) Funds collected from a surcharge fee to provide certain licensees with
1032     access to an electronic reference library, as provided in Section 58-22-104.
1033          [(39)] (40) Funds collected from a surcharge fee to provide certain licensees with
1034     access to an electronic reference library, as provided in Section 58-55-106.
1035          [(40)] (41) Funds collected from a surcharge fee to provide certain licensees with
1036     access to an electronic reference library, as provided in Section 58-56-3.5.
1037          [(41)] (42) Certain fines collected by the Division of Occupational and Professional
1038     Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
1039     provided in Section 58-63-103.
1040          [(42)] (43) The Relative Value Study Restricted Account created in Section 59-9-105.
1041          [(43)] (44) The Cigarette Tax Restricted Account created in Section 59-14-204.
1042          [(44)] (45) Funds paid to the Division of Real Estate for the cost of a criminal
1043     background check for a mortgage loan license, as provided in Section 61-2c-202.
1044          [(45)] (46) Funds paid to the Division of Real Estate for the cost of a criminal
1045     background check for principal broker, associate broker, and sales agent licenses, as provided
1046     in Section 61-2f-204.
1047          [(46)] (47) Certain funds donated to the Department of Human Services, as provided in
1048     Section 62A-1-111.

1049          [(47)] (48) The National Professional Men's Basketball Team Support of Women and
1050     Children Issues Restricted Account created in Section 62A-1-202.
1051          [(48)] (49) Certain funds donated to the Division of Child and Family Services, as
1052     provided in Section 62A-4a-110.
1053          [(49)] (50) The Choose Life Adoption Support Restricted Account created in Section
1054     62A-4a-608.
1055          [(50)] (51) Funds collected by the Office of Administrative Rules for publishing, as
1056     provided in Section 63G-3-402.
1057          [(51)] (52) The Immigration Act Restricted Account created in Section 63G-12-103.
1058          [(52)] (53) Money received by the military installation development authority, as
1059     provided in Section 63H-1-504.
1060          [(53)] (54) The Computer Aided Dispatch Restricted Account created in Section
1061     63H-7a-303.
1062          [(54)] (55) The Unified Statewide 911 Emergency Service Account created in Section
1063     63H-7a-304.
1064          [(55)] (56) The Utah Statewide Radio System Restricted Account created in Section
1065     63H-7a-403.
1066          [(56)] (57) The Employability to Careers Program Restricted Account created in
1067     Section 63J-4-703.
1068          [(57)] (58) The Motion Picture Incentive Account created in Section 63N-8-103.
1069          [(58)] (59) Certain money payable for expenses of the Pete Suazo Utah Athletic
1070     Commission, as provided under Section 63N-10-301.
1071          [(59)] (60) Funds collected by the housing of state probationary inmates or state parole
1072     inmates, as provided in Subsection 64-13e-104(2).
1073          [(60)] (61) Certain forestry and fire control funds utilized by the Division of Forestry,
1074     Fire, and State Lands, as provided in Section 65A-8-103.
1075          [(61)] (62) The Transportation of Veterans to Memorials Support Restricted Account
1076     created in Section 71-14-102.
1077          [(62)] (63) The Amusement Ride Safety Restricted Account, as provided in Section
1078     72-16-204.
1079          [(63)] (64) Certain funds received by the Office of the State Engineer for well drilling

1080     fines or bonds, as provided in Section 73-3-25.
1081          [(64)] (65) The Water Resources Conservation and Development Fund, as provided in
1082     Section 73-23-2.
1083          [(65)] (66) Funds donated or paid to a juvenile court by private sources, as provided in
1084     Subsection 78A-6-203(1)(c).
1085          [(66)] (67) Fees for certificate of admission created under Section 78A-9-102.
1086          [(67)] (68) Funds collected for adoption document access as provided in Sections
1087     78B-6-141, 78B-6-144, and 78B-6-144.5.
1088          [(68)] (69) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
1089     Part 4, Utah Indigent Defense Commission.
1090          [(69)] (70) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
1091     State Park, Jordan River State Park, and Green River State Park, as provided under Section
1092     79-4-403.
1093          [(70)] (71) Certain funds received by the Division of Parks and Recreation from the
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.