Public Corporation Amendments

24
11-58-102
11-58-202
11-58-501
11-58-503
11-58-601
11-58-602
11-68-201
0
Public Corporation Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jerry W Stevenson
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill modifies provisions related to the Utah Inland Port Authority and the State Fair
Park Authority.
Highlighted Provisions:
This bill:
defines terms and modifies definitions;
clarifies the process by which the Utah Inland Port Authority maintains an official
boundary of the authority jurisdictional land;
provides that the description of a boundary of a project area created by the Utah Inland
Port Authority may include a legal description, parcel number, property identification
number, or other method of description that accurately depicts the project area;
provides a process for the Utah Inland Port Authority to make an adjustment to a project
area boundary;
modifies the process by which a transition date and a trigger date are established for a
parcel;
modifies provisions related to the authority establishing minimum mitigation and
environmental standards;
modifies a prohibition on the use of property tax differential as a business recruitment
incentive for certain development within authority jurisdictional land;
modifies provisions related to the State Fair Park Authority;
includes an immediate effective date; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
11-58-102
, as last amended by Laws of Utah 2024, Chapters 53, 438 and 535
11-58-202
, as last amended by Laws of Utah 2025, Chapter 24
11-58-501
, as last amended by Laws of Utah 2023, Chapter 259
11-58-503
, as last amended by Laws of Utah 2024, Chapter 535
11-58-601
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
11-58-602
, as last amended by Laws of Utah 2025, Chapter 459
11-68-201
, as last amended by Laws of Utah 2025, Chapter 498
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
11-58-102
is amended to read:
11-58-102
. Definitions.
As used in this chapter:
(1)
"Authority" means the Utah Inland Port Authority, created in Section
11-58-201
.
(2)
"Authority jurisdictional land" means land within the authority boundary delineated:
(a)
in the electronic shapefile that is the electronic component of H.B. 2001, Utah Inland
Port Authority Amendments, 2018 Second Special Session; and
(b)
beginning April 1, 2020, as provided in Subsection
11-58-202(3)
.
(3)
"Base taxable value" means:
(a)
(i)
except as provided in Subsection
(3)(a)(ii)
, for a project area that consists of the
authority jurisdictional land, the taxable value of authority jurisdictional land in
calendar year 2018; and
(ii)
for an area described in Section
11-58-600.7
, the taxable value of that area in
calendar year 2017; or
(b)
for a project area that consists of land outside the authority jurisdictional land, the
taxable value of property within any portion of a project area, as designated by board
resolution, from which the property tax differential will be collected, as shown upon
the assessment roll last equalized before the year in which the authority adopts a
project area plan for that area.
(4)
"Board" means the authority's governing body, created in Section
11-58-301
.
(5)
"Business plan" means a plan designed to facilitate, encourage, and bring about
development of the authority jurisdictional land to achieve the goals and objectives
described in Subsection
11-58-203(1)
, including the development and establishment of
an inland port.
(6)
"Contaminated land" means land:
(a)
within a project area; and
(b)
that contains hazardous materials, as defined in Section
19-6-302
, hazardous
substances, as defined in Section
19-6-302
, or landfill material on, in, or under the
land.
(7)
"Development" means:
(a)
the demolition, construction, reconstruction, modification, expansion, or
improvement of a building, utility, infrastructure, landscape, parking lot, park, trail,
recreational amenity, or other facility, including public infrastructure and
improvements; and
(b)
the planning of, arranging for, or participation in any of the activities listed in
Subsection
(7)(a)
.
(8)
"Development project" means a project for the development of land within a project
area.
(9)
"Distribution center" means a building that is:
(a)
used for the storage, sorting, and distribution of goods intended for sale; and
(b)
not associated with or operated in conjunction with an adjacent manufacturing facility
,
rail facility, intermodal facility, customs clearance facility, or foreign trade zone
facility
.
(10)
"GIS boundary file" means a digital storage format generated by geographic
information systems used to store the geometric location and associated attribute
information of geographic features.
(11)
"Inland port" means one or more sites that:
(a)
contain multimodal facilities, intermodal facilities, or other facilities that:
(i)
are related but may be separately owned and managed; and
(ii)
together are intended to:
(A)
allow global trade to be processed and altered by value-added services as
goods move through the supply chain;
(B)
provide a regional merging point for transportation modes for the distribution
of goods to and from ports and other locations in other regions;
(C)
provide cargo-handling services to allow freight consolidation and
distribution, temporary storage, customs clearance, and connection between
transport modes; and
(D)
provide international logistics and distribution services, including freight
forwarding, customs brokerage, integrated logistics, and information systems;
and
(b)
may include a satellite customs clearance terminal, an intermodal facility, a customs
pre-clearance for international trade, or other facilities that facilitate, encourage, and
enhance regional, national, and international trade.
(11)
(12)
"Inland port use" means a use of land:
(a)
for an inland port;
(b)
that directly implements or furthers the purposes of an inland port, as stated in
Subsection
(10)
(11)
;
(c)
that complements or supports the purposes of an inland port, as stated in Subsection
(10)
(11)
; or
(d)
that depends upon the presence of the inland port for the viability of the use.
(12)
(13)
"Intermodal facility" means a facility for transferring containerized cargo
between rail, truck, air, or other transportation modes.
(13)
(14)
"Landfill material" means garbage, waste, debris, or other materials disposed of
or placed in a landfill.
(14)
(15)
"Multimodal facility" means a hub or other facility for trade combining any
combination of rail, trucking, air cargo, and other transportation services.
(15)
(16)
"Nonvoting member" means an individual appointed as a member of the board
under Subsection
11-58-302(3)
who does not have the power to vote on matters of
authority business.
(16)
(17)
"Project area" means:
(a)
the authority jurisdictional land, subject to Section
11-58-605
; or
(b)
land outside the authority jurisdictional land, whether consisting of a single
contiguous area or multiple noncontiguous areas, described in a project area plan or
draft project area plan, where the development project set forth in the project area
plan or draft project area plan takes place or is proposed to take place.
(17)
(18)
"Project area budget" means a multiyear projection of annual or cumulative
revenues and expenses and other fiscal matters pertaining to the project area.
(18)
(19)
"Project area plan" means a written plan that, after its effective date, guides and
controls the development within a project area.
(19)
(20)
"Property tax" includes a privilege tax and each levy on an ad valorem basis on
tangible or intangible personal or real property.
(20)
(21)
"Property tax differential":
(a)
means the difference between:
(i)
the amount of property tax revenues generated each tax year by all taxing entities
from a project area, using the current assessed value of the property; and
(ii)
the amount of property tax revenues that would be generated from that same area
using the base taxable value of the property; and
(b)
does not include property tax revenue from:
(i)
a county additional property tax or multicounty assessing and collecting levy
imposed in accordance with Section
59-2-1602
;
(ii)
a judgment levy imposed by a taxing entity under Section
59-2-1328
or
59-2-1330
;
or
(iii)
a levy imposed by a taxing entity under Section
11-14-310
to pay for a general
obligation bond.
(21)
(22)
"Public entity" means:
(a)
the state, including each department, division, or other agency of the state; or
(b)
a county, city, town, school district, special district, special service district, interlocal
cooperation entity, community reinvestment agency, or other political subdivision of
the state, including the authority.
(22)
(23)
(a)
"Public infrastructure and improvements" means infrastructure,
improvements, facilities, or buildings that:
(i)
(A)
benefit the public and are owned by a public entity or a utility; or
(B)
benefit the public and are publicly maintained or operated by a public entity; or
(ii)
(A)
are privately owned;
(B)
benefit the public;
(C)
as determined by the board, provide a substantial benefit to the development
and operation of a project area; and
(D)
are built according to applicable county or municipal design and safety
standards.
(b)
"Public infrastructure and improvements" includes:
(i)
facilities, lines, or systems that provide:
(A)
water, chilled water, or steam; or
(B)
sewer, storm drainage, natural gas, electricity, energy storage, clean energy,
microgrids, or telecommunications service;
(ii)
streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
facilities, rail lines, intermodal facilities, multimodal facilities, and public
transportation facilities;
(iii)
an inland port; and
(iv)
infrastructure, improvements, facilities, or buildings that are developed as part of
a remediation project.
(23)
(24)
"Remediation" includes:
(a)
activities for the cleanup, rehabilitation, and development of contaminated land; and
(b)
acquiring an interest in land within a remediation project area.
(24)
(25)
"Remediation differential" means property tax differential generated from a
remediation project area.
(25)
(26)
"Remediation project" means a project for the remediation of contaminated land
that:
(a)
is owned by:
(i)
the state or a department, division, or other instrumentality of the state;
(ii)
an independent entity, as defined in Section
63E-1-102
; or
(iii)
a political subdivision of the state; and
(b)
became contaminated land before the owner described in Subsection
(24)(a)
(26)(a)
obtained ownership of the land.
(26)
(27)
"Remediation project area" means a project area consisting of contaminated land
that is or is expected to become the subject of a remediation project.
(27)
(28)
"Shapefile" means the digital vector storage format for storing geometric
location and associated attribute information.
(28)
(29)
"Taxable value" means the value of property as shown on the last equalized
assessment roll.
(29)
(30)
"Taxing entity":
(a)
means a public entity that levies a tax on property within a project area; and
(b)
does not include a public infrastructure district that the authority creates under Title
17D, Chapter 4, Public Infrastructure District Act.
(30)
(31)
"Voting member" means an individual appointed or designated as a member of
the board under Subsection
11-58-302(2)
.
Section 2. Section
11-58-202
is amended to read:
11-58-202
. Authority powers and duties.
(1)
The authority has exclusive jurisdiction, responsibility, and power to coordinate the
efforts of all applicable state and local government entities, property owners and other
private parties, and other stakeholders to:
(a)
develop and implement a business plan for the authority jurisdictional land, to
include an environmental sustainability component, developed in conjunction with
the Department of Environmental Quality, incorporating policies and best practices to
meet or exceed applicable federal and state standards, including:
(i)
emissions monitoring and reporting; and
(ii)
strategies that use best available practices to mitigate environmental impacts
resulting from development and uses on the authority jurisdictional land;
(b)
plan and facilitate the development of inland port uses on authority jurisdictional
land and on land in other authority project areas;
(c)
manage any inland port located on land owned or leased by the authority; and
(d)
establish a foreign trade zone, as provided under federal law, covering some or all of
the authority jurisdictional land or land in other authority project areas.
(2)
The authority may:
(a)
facilitate and bring about the development of inland port uses on land that is part of
the authority jurisdictional land or that is in other authority project areas, including
engaging in marketing and business recruitment activities and efforts to encourage
and facilitate:
(i)
the development of an inland port on the authority jurisdictional land; and
(ii)
other development of the authority jurisdictional land consistent with the policies
and objectives described in Subsection
11-58-203(1)
;
(b)
facilitate and provide funding for the development of land in a project area, land
related to land in a project area, and land adjacent to a project area, including:
(i)
the development of public infrastructure and improvements in a project area and
directly adjacent to a project area; and
(ii)
other infrastructure and improvements, including environmental sustainability
projects, on or related to land in a project area;
(c)
engage in marketing and business recruitment activities and efforts to encourage and
facilitate development of the authority jurisdictional land;
(d)
apply for and take all other necessary actions for the establishment of a foreign trade
zone, as provided under federal law, covering some or all of the authority
jurisdictional land;
(e)
as the authority considers necessary or advisable to carry out any of the authority's
duties or responsibilities under this chapter:
(i)
buy, obtain an option upon, or otherwise acquire any interest in real or personal
property;
(ii)
sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real
or personal property;
(iii)
provide funding, through a grant or agreement, to another governmental entity
for the governmental entity to help fulfill the authority's duties and
responsibilities; or
(iv)
enter into a lease agreement on real or personal property, either as lessee or
lessor;
(f)
sue and be sued;
(g)
enter into contracts generally;
(h)
provide funding for the development of public infrastructure and improvements or
other infrastructure and improvements on or related to the authority jurisdictional
land or other authority project areas;
(i)
exercise powers and perform functions under a contract, as authorized in the contract;
(j)
receive the property tax differential, as provided in this chapter;
(k)
accept financial or other assistance from any public or private source for the
authority's activities, powers, and duties, and expend any funds so received for any of
the purposes of this chapter;
(l)
borrow money, contract with, or accept financial or other assistance from the federal
government, a public entity, or any other source for any of the purposes of this
chapter and comply with any conditions of the loan, contract, or assistance;
(m)
issue bonds to finance the undertaking of any development objectives of the
authority, including bonds under
Chapter 17, Utah Industrial Facilities and
Development Act
, bonds under
Chapter 42, Assessment Area Act
, and bonds under
Chapter 42a, Commercial Property Assessed Clean Energy Act
;
(n)
hire employees, including contract employees;
(o)
transact other business and exercise all other powers provided for in this chapter;
(p)
engage one or more consultants to advise or assist the authority in the performance
of the authority's duties and responsibilities;
(q)
work with other political subdivisions and neighboring property owners and
communities to mitigate potential negative impacts from the development of
authority jurisdictional land;
(r)
own, lease, operate, or otherwise control public infrastructure and improvements in a
project area;
(s)
exercise powers and perform functions that the authority is authorized by statute to
exercise or perform;
(t)
develop and implement world-class, state-of-the-art, zero-emissions logistics to:
(i)
support continued growth of the state's economy;
(ii)
promote the state as the global center of efficient and sustainable supply chain
logistics;
(iii)
facilitate the efficient movement of goods on roads and rails and through the air;
and
(iv)
benefit the commercial viability of tenants and users; and
(u)
attract capital and expertise in pursuit of the next generation of logistics solutions.
(3)
(a)
Beginning April 1, 2020, the authority shall:
(i)
be the repository of the official delineation of the boundary of the authority
jurisdictional land, identical to the boundary as delineated in the shapefile that is
the electronic component of H.B. 2001, Utah Inland Port Authority Amendments,
2018 Second Special Session, subject to
:

(A)
boundary adjustments made and recorded in accordance with
Subsection
(3)(b)
;
and
(B)
any
later
changes to the boundary enacted by the Legislature; and
(ii)
maintain an accurate digital file of the boundary that is easily accessible by the
public.
(b)
(i)
As used in this Subsection
(3)(b)
, "split property" means a piece of land:
(A)
with a single tax identification number; and
(B)
that is partly included within and partly excluded from the authority
jurisdictional land by the boundary delineated in the shapefile described in
Subsection
11-58-102(2)
11-58-102(2)(a)
.
(ii)
With the consent of the mayor of the municipality in which the split property is
located, the executive director may adjust the boundary of the authority
jurisdictional land to include an excluded portion of a split property or exclude an
included portion of a split property.
(iii)
In adjusting the boundary under Subsection
(3)(b)(ii)
, the executive director shall
consult with the county assessor, the county surveyor, the owner of the split
property, and the municipality in which the split property is located.
(iv)
A boundary adjustment under this Subsection
(3)(b)
affecting the northwest
boundary of the authority jurisdictional land shall maintain the buffer area
between authority jurisdictional land intended for development and land outside
the boundary of the authority jurisdictional land to be preserved from
development.
(v)
Upon completing boundary adjustments under this Subsection
(3)(b)
, the
executive director shall cause to be recorded in the county recorder's office a map
or other description, sufficient for purposes of the county recorder, of the adjusted
boundary of the authority jurisdictional land.
(vi)
The
After a boundary adjustment is recorded in accordance with Subsection
(3)(b)(v)
, the
authority shall modify the official delineation of the boundary of the
authority jurisdictional land
under
described in
Subsection
(3)(a)
to reflect a
boundary adjustment under this Subsection
(3)(b)
.
(4)
(a)
The authority may establish a community enhancement program designed to
address the impacts that development or inland port uses within project areas have on
adjacent communities.
(b)
(i)
The authority may use authority money to support the community enhancement
program and to pay for efforts to address the impacts described in Subsection
(4)(a)
.
(ii)
Authority money designated for use under Subsection
(4)(b)(i)
is exempt from
execution or any other process in the collection of a judgment against or debt or
other obligation of the authority arising out of the authority's activities with
respect to the community enhancement program.
Section 3. Section
11-58-501
is amended to read:
11-58-501
. Preparation of project area plan -- Required contents of project area
plan.
(1)
(a)
Subject to Section
11-58-605
, the authority jurisdictional land constitutes a single
project area.
(b)
The authority is not required to adopt a project area plan for a project area consisting
of the authority jurisdictional land.
(2)
(a)
The board may adopt a project area plan for land that is outside the authority
jurisdictional land, as provided in this part, if the board receives written consent to
include the land in the project area described in the project area plan from, as
applicable:
(i)
the legislative body of the county in whose unincorporated area the land is
located; or
(ii)
the legislative body of the municipality in which the land is located.
(b)
(i)
An owner of land proposed to be included within a project area may request
that the owner's land be excluded from the project area.
(ii)
A request under Subsection
(2)(b)(i)
shall be submitted to the board:
(A)
in writing; and
(B)
no more than 45 days after the public meeting under Subsection
11-58-502(1)
.
(c)
Land included or to be included within a project area need not be contiguous or in
close proximity to the authority jurisdictional land.
(d)
In order to adopt a project area plan, the board shall:
(i)
prepare a draft project area plan;
(ii)
give notice as required under Subsection
11-58-502(2)
;
(iii)
hold at least one public meeting, as required under Subsection
11-58-502(1)
; and
(iv)
after holding at least one public meeting and subject to Subsections
(2)(b)
and
(e)
,
adopt the draft project area plan as the project area plan.
(e)
Before adopting a draft project area plan as the project area plan, the board:
(i)
shall eliminate from the proposed project area the land of any owner who requests
the owner's land to be excluded from the project area under Subsection
(2)(b)
; and
(ii)
may make other modifications to the draft project area plan that the board
considers necessary or appropriate.
(3)
(a)
Each project area plan and draft project area plan shall contain:
(a)
(i)
a legal description of the boundary of the project area;
(b)
(ii)
the authority's purposes and intent with respect to the project area; and
(c)
(iii)
the board's findings and determination that:
(i)
(A)
there is a need to effectuate a public purpose;
(ii)
(B)
there is a public benefit to the proposed development project;
(iii)
(C)
it is economically sound and feasible to adopt and carry out the project
area plan; and
(iv)
(D)
carrying out the project area plan will promote the goals and objectives
stated in Subsection
11-58-203(1)
.
(b)
A description of a boundary of a project area, as described in Subsection
(3)(a)(i)
:
(i)
shall include a legal description, as described in Subsection
57-3-105(4)
; and
(ii)
may include a parcel number, property identification number, metes and bounds
narrative description, GIS boundary file, or other method of description that
accurately depicts the project area.
Section 4. Section
11-58-503
is amended to read:
11-58-503
. Notice of project area plan adoption -- Effective date of plan -- Time
for challenging a project area plan or project area.
(1)
Upon the board's adoption of a project area plan, the board shall provide notice as
provided in Subsection
(2)
by publishing or causing to be published legal notice

for the
project area, as a class A notice under Section
63G-30-102
, for at least 30 days.
(2)
(a)
Each notice under Subsection
(1)
shall include:
(i)
the board resolution adopting the project area plan or a summary of the resolution;
and
(ii)
a statement that the project area plan is available for general public inspection and
the hours for inspection.
(b)
The statement required under Subsection
(2)(a)(ii)
may be included within the board
resolution adopting the project area plan or within the summary of the resolution.
(3)
The project area plan shall become effective on the date designated in the board
resolution.
(4)
The authority shall make the adopted project area plan available to the general public at
the authority's offices during normal business hours.
(5)
(a)
The authority may make adjustments to the boundaries of a project area:
(i)
with the consent of the board; or
(ii)
administratively, if the adjustment is a minor adjustment.
(b)
If a boundary adjustment is necessary only to conform with county recording
standards, the boundary adjustment is a minor adjustment.
(c)
The executive director shall, with the approval of the board, establish policies to
determine whether a boundary adjustment not described in Subsection
(5)(b)
is a
minor adjustment.
(d)
This Subsection
(5)
:
(i)
applies only to the boundaries of a project area; and
(ii)
does not apply to the boundaries of the authority jurisdictional land, which may
only be modified as described in Subsection
11-58-202(3)
.
(5)
(6)
(a)
Within 10 days after the day on which a project area plan is adopted that
establishes a project area, or after an amendment to a project area plan is adopted
under which the boundary of a project area is modified, the authority shall send
notice of the establishment or modification of the project area and an accurate map or
plat of the project area to:
(a)
(i)
the State Tax Commission;
(b)
(ii)
the Utah Geospatial Resource Center created in Section
63A-16-505
; and
(c)
(iii)
the assessor and recorder of each county where the project area is located.
(b)
For purposes of Subsection
(6)(a)
, an accurate map or plat is any map or plat
developed by a qualified cartographer or licensed surveyor.
(6)
(7)
(a)
A legal action or other challenge to a project area plan or a project area
described in a project area plan is barred unless brought within 30 days after the
effective date of the project area plan.
(b)
A legal action or other challenge to a project area that consists of authority
jurisdictional land is barred unless brought within 30 days after the board adopts a
business plan under Subsection
11-58-202(1)(a)
for the authority jurisdictional land.
Section 5. Section
11-58-601
is amended to read:
11-58-601
. General differential and nonmunicipal differential.
(1)
As used in this section:
(a)
"Designation
resolution
order
" means a
resolution adopted by the board
written
determination, issued by the executive director,
that designates a transition date and a
trigger date, which may be the same date, for the parcel specified in the
resolution
written determination
.
(b)
"Post-designation parcel" means a parcel within a project area after the transition
date for that parcel.
(c)
"Pre-designation parcel" means a parcel within a project area before the transition
date for that parcel.
(d)
"Transition date" means the date indicated in a designation
resolution
order
after
which the parcel that is the subject of the designation
resolution
order
is a
post-designation parcel.
(e)
"Trigger date" means the date indicated in a designation
resolution
order
upon
which tax differential payments due to the authority commence.
(2)
This section applies to nonmunicipal differential and general differential to be paid to
the authority.
(3)
The authority shall be paid 75% of nonmunicipal differential generated from a
pre-designation parcel that is part of the authority jurisdictional land:
(a)
for the period beginning November 2019 and ending the earlier of:
(i)
the transition date for that parcel; and
(ii)
November 30, 2044; and
(b)
for a period of up to 15 years following November 2044 if, before the end of
November 2044:
(i)
the parcel has not become a post-designation parcel; and
(ii)
the board adopts a resolution approving the extension.
(4)
(a)
As provided in Subsection
(4)(b)
, the authority shall be paid:
(i)
75% of nonmunicipal differential generated from a post-designation parcel that is
part of the authority jurisdictional land; and
(ii)
up to
75% of general differential
, as determined by the board and included in a
project area plan adopted or amended under Part 5, Project Area Plan and Budget,

generated from a post-designation parcel that is not part of the authority
jurisdictional land.
(b)
The property tax differential paid under Subsection
(4)(a)
from a post-designation
parcel shall be paid:
(i)
for a period of 25 years beginning on the trigger date for that parcel; and
(ii)
for a period of up to an additional 15 years beyond the period stated in Subsection
(4)(b)(i)
if the board determines by resolution that the additional years of
nonmunicipal differential or general differential, as the case may be, from that
parcel will produce a significant benefit.
(5)
(a)
For purposes of this section, the authority may designate an improved portion of a
parcel in a project area as a separate parcel.
(b)
An authority designation of an improved portion of a parcel as a separate parcel
under Subsection
(5)(a)
does not constitute a subdivision, as defined in Section
10-20-102
or Section
17-79-102
.
(c)
A county recorder shall assign a separate tax identification number to the improved
portion of a parcel designated by the authority as a separate parcel under Subsection
(5)(a)
.
Section 6. Section
11-58-602
is amended to read:
11-58-602
. Allowable uses of property tax differential and other funds.
(1)
(a)
The authority may use money from property tax differential, money the
authority receives from the state, money the authority receives under Subsection
59-12-205(2)(a)(ii)(C)
, and other money available to the authority:
(i)
(a)
for any purpose authorized under this chapter;
(ii)
(b)
for administrative, overhead, legal, consulting, and other operating expenses of
the authority;
(iii)
(c)
to pay for, including financing or refinancing, all or part of the development of
land within or adjacent to a project area, including assisting the ongoing operation of
a development or facility within or adjacent to the project area;
(iv)
(d)
to pay the cost of the installation and construction of public infrastructure and
improvements within the project area from which the property tax differential funds
were collected;
(v)
(e)
to pay the cost of the installation of public infrastructure and improvements
outside a project area if the board determines by resolution that the infrastructure and
improvements are of benefit to the project area;
(vi)
(f)
to pay to a community reinvestment agency for affordable housing, as provided
in Subsection
11-58-606(2)
;
(vii)
(g)
to pay the principal and interest on bonds issued by the authority;
(viii)
(h)
to pay the cost of acquiring land or an easement on land that is part of or
adjacent to authority jurisdictional land:
(A)
(i)
for the perpetual preservation of the land from development; and
(B)
(ii)
to provide a buffer area between authority jurisdictional land intended for
development and land outside the boundary of the authority jurisdictional land; and
(ix)
(i)
subject to Subsection
(1)(b)
(2)
, to encourage, incentivize, or require
development that:
(A)
(i)
mitigates noise, air pollution, light pollution, surface and groundwater
pollution, and other negative environmental impacts;
(B)
(ii)
mitigates traffic congestion; or
(C)
(iii)
uses high efficiency building construction and operation.
(b)
(i)
(A)
The authority shall establish minimum mitigation and environmental
standards that a landowner is required to meet to qualify for the use of property
tax differential under Subsection
(1)(a)(ix)
in the landowner's development.
(B)
(2)
(a)
The authority shall establish minimum mitigation and environmental
standards, as described in this Subsection
(2)
, that a landowner is required to meet in
order to qualify for the use of property tax differential under Subsection
(1)
in the
landowner's development.
(b)
Minimum mitigation and environmental standards established under Subsection
(1)(b)(i)(A)
(2)(a)
shall include a standard prohibiting the use of property tax
differential as a business recruitment incentive, as defined in Section
11-58-603
, for
new commercial or industrial development or an expansion of existing commercial or
industrial development within the authority jurisdictional land if the new or expanded
development will consume
,

when calculated
on an
annual
annualized
basis
,
more
than
200,000 gallons of potable water per day
the maximum daily potable water use
permitted within the service area of a municipal retail water provider supplying
potable water to the development, as established by that provider's or municipality's
adopted ordinances, policies, service regulations, or development agreements
.
(ii)
(c)
In establishing minimum mitigation and environmental standards, the authority
shall consult with:
(A)
(i)
the municipality in which the development is expected to occur, for
development expected to occur within a municipality; or
(B)
(ii)
the county in whose unincorporated area the development is expected to
occur, for development expected to occur within the unincorporated area of a
county.
(iii)
(d)
The authority may not use property tax differential under Subsection
(1)(a)(viii)
(1)(h)
for a landowner's development in a project area unless the
minimum mitigation and environmental standards
established under this Subsection
(2)
are followed with respect to that landowner's development.
(2)
(3)
The authority may use revenue generated from the operation of public
infrastructure operated by the authority or improvements, including an intermodal
facility, operated by the authority to:
(a)
operate and maintain the infrastructure or improvements; and
(b)
pay for authority operating expenses, including administrative, overhead, and legal
expenses.
(3)
(4)
The determination of the board under Subsection
(1)(a)(v)
(1)(e)
regarding benefit
to the project area is final.
(4)
(5)
The authority may not use property tax differential revenue collected from one
project area for a development project within another project area.
(5)
(6)
(a)
The authority may use up to 10% of the general differential revenue
generated from a project area to pay for affordable housing within or near the project
area.
(b)
In using general differential revenue described in Subsection
(5)(a)
(6)(a)
, the
authority may provide general differential revenue generated from a project area to a
non-profit housing fund, as defined in Section
17C-1-102
:
(i)
for that non-profit housing fund to assist low-income individuals and families who
would qualify for income targeted housing to achieve homeownership, or retain
homeownership, within a 15 mile radius of the project area that generated the
general differential revenue, in accordance with the mission of the non-profit
housing fund; and
(ii)
pursuant to an agreement between the non-profit housing fund and the authority
governing appropriate uses of general differential revenue.
(6)
(7)
The authority may share general differential funds with a taxing entity that levies a
property tax on land within the project area from which the general differential is
generated.
Section 7. Section
11-68-201
is amended to read:
11-68-201
. State Fair Park Authority -- Legal status -- Powers.
(1)
There is created the State Fair Park Authority.
(2)
The authority is:
(a)
an independent, nonprofit, separate body corporate and politic, with perpetual
succession;
(b)
a political subdivision of the state; and
(c)
a public corporation, as defined in Section
63E-1-102
.
(3)
(a)
The fair corporation is dissolved and ceases to exist, subject to any winding down
and other actions necessary for a transition to the authority.
(b)
The authority:
(i)
replaces and is the successor to the fair corporation;
(ii)
succeeds to all rights, obligations, privileges, immunities, and assets of the fair
corporation; and
(iii)
shall fulfill and perform all contractual and other obligations of the fair
corporation.
(c)
The board shall take all actions necessary and appropriate to wind down the affairs of
the fair corporation as quickly as practicable and to make a transition from the fair
corporation to the authority.
(4)
The authority shall:
(a)
manage, supervise, and control:
(i)
all activities relating to the annual exhibition described in Subsection
(4)(j)
; and
(ii)
except as otherwise provided by statute, all state expositions, including setting the
time, place, and purpose of any state exposition;
(b)
for public entertainment, displays, and exhibits or similar events held on fair park
land:
(i)
provide, sponsor, or arrange the events;
(ii)
publicize and promote the events; and
(iii)
secure funds to cover the cost of the exhibits from:
(A)
private contributions;
(B)
public appropriations;
(C)
admission charges; and
(D)
other lawful means;
(c)
acquire and designate exposition sites;
(d)
use generally accepted accounting principles in accounting for the authority's assets,
liabilities, and operations;
(e)
seek corporate sponsorships for the state fair park or for individual buildings or
facilities on fair park land;
(f)
work with county and municipal governments, the Salt Lake Convention and
Visitor's Bureau, the Utah Office of Tourism, and other entities to develop and
promote expositions and the use of fair park land;
(g)
develop and maintain a marketing program to promote expositions and the use of fair
park land;
(h)
in accordance with provisions of this chapter, operate and maintain state-owned
buildings and facilities on fair park land, including the physical appearance and
structural integrity of those buildings and facilities;
(i)
prepare an economic development plan for the fair park land;
(j)
hold an annual exhibition on fair park land that:
(i)
is called the state fair or a similar name;
(ii)
promotes and highlights agriculture throughout the state;
(iii)
includes expositions of livestock, poultry, agricultural, domestic science,
horticultural, floricultural, mineral and industrial products, manufactured articles,
and domestic animals that, in the board's opinion, will best stimulate agricultural,
industrial, artistic, and educational pursuits and the sharing of talents among the
people of the state;
(iv)
includes the award of premiums for the best specimens of the exhibited articles
and animals;
(v)
permits competition by livestock exhibited by citizens of other states and
territories of the United States; and
(vi)
is arranged according to plans approved by the board;
(k)
fix the conditions of entry to the annual exhibition described in Subsection
(4)(j)
; and
(l)
publish a list of premiums that will be awarded at the annual exhibition described in
Subsection
(4)(j)
for the best specimens of exhibited articles and animals.
(5)
In addition to the annual exhibition described in Subsection
(4)(j)
, the authority may
hold other exhibitions of livestock, poultry, agricultural, domestic science, horticultural,
floricultural, mineral and industrial products, manufactured articles, and domestic
animals that, in the authority's opinion, will best stimulate agricultural, industrial,
artistic, and educational pursuits and the sharing of talents among the people of the state.
(6)
The authority may:
(a)
employ advisers, consultants, and agents, including financial experts and
independent legal counsel, and fix their compensation;
(b)
(i)
participate in the state's Risk Management Fund created under Section
63A-4-201
or any captive insurance company created by the risk manager; or
(ii)
procure insurance against any loss in connection with the authority's property and
other assets;
(c)
receive and accept aid or contributions of money, property, labor, or other things of
value from any source, including any grants or appropriations from any department,
agency, or instrumentality of the United States or the state;
(d)
hold, use, loan, grant, and apply that aid and those contributions to carry out the
purposes of the authority, subject to the conditions, if any, upon which the aid and
contributions are made;
(e)
enter into management agreements with any person or entity for the performance of
the authority's functions or powers;
(f)
establish accounts and procedures that are necessary to budget, receive, disburse,
account for, and audit all funds received, appropriated, or generated;
(g)
subject to Subsection
(8)
and subject to the powers and responsibilities of the Utah
Fairpark Area Investment and Restoration District, created in Section
11-70-201
,
lease any of the state-owned buildings or facilities located on fair park land;
(h)
sponsor events as approved by the board;
(i)
subject to Subsection
(11)
, acquire any interest in real property that the board
considers necessary or advisable to further a purpose of the authority or facilitate the
authority's fulfillment of a duty under this chapter;
(j)
in accordance with Chapter 42a, Commercial Property Assessed Clean Energy Act,
provide for or finance an energy efficiency upgrade, a clean energy system, or
electric vehicle charging infrastructure, as those terms are defined in Section
11-42a-102
; and
(k)
enter into one or more agreements with the Utah Fairpark Area Investment and
Restoration District, created in Section
11-70-201
.
(7)
The authority shall comply with:
(a)
Title 51, Chapter 5, Funds Consolidation Act;
(b)
Title 51, Chapter 7, State Money Management Act;
(c)
Title 52, Chapter 4, Open and Public Meetings Act;
(d)
Title 63G, Chapter 2, Government Records Access and Management Act;
(e)
the provisions of Section
67-3-12
;
(f)
Title 63G, Chapter 6a, Utah Procurement Code, except for a procurement for:
(i)
entertainment provided at the state fair park;
(ii)
judges for competitive exhibits;
or
(iii)
sponsorship of an event on fair park land;
and
(iv)
concessions providers on fair park land; and
(v)
development of fair park land, if the developer is a qualified owner under Section
11-70-101
; and
(g)
the legislative approval requirements for capital development projects established in
Section
63A-5b-404
.
(8)
(a)
Before the authority executes a lease described in Subsection
(6)(g)
with a term of
10 or more years and subject to the powers and responsibilities of the Utah Fairpark
Area Investment and Restoration District, created in Section
11-70-201
, the authority
shall:
(i)
submit the proposed lease to the division for the division's approval or rejection;
and
(ii)
if the division approves the proposed lease, submit the proposed lease to the
Executive Appropriations Committee for the Executive Appropriations
Committee's review and recommendation in accordance with Subsection
(8)(b)
.
(b)
The Executive Appropriations Committee shall review a proposed lease submitted in
accordance with Subsection
(8)(a)
and recommend to the authority that the authority:
(i)
execute the proposed lease, either as proposed or with changes recommended by
the Executive Appropriations Committee; or
(ii)
reject the proposed lease.
(9)
(a)
Subject to Subsection
(9)(b)
, a department, division, or other instrumentality of
the state and a political subdivision of the state shall cooperate with the authority to
the fullest extent possible to provide whatever support, information, or other
assistance the authority requests that is reasonably necessary to help the authority
fulfill the authority's duties and responsibilities under this chapter.
(b)
The division shall provide assistance and resources to the authority as the division
director determines is appropriate.
(10)
The authority may share authority revenue with a municipality in which the fair park
land is located, as provided in an agreement between the authority and the municipality,
to pay for municipal services provided by the municipality.
(11)
(a)
As used in this Subsection
(11)
, "new land" means land that, if acquired by the
authority, would result in the authority having acquired over three acres of land more
than the land described in Subsection
11-68-101(9)(a)
.
(b)
In conjunction with the authority's acquisition of new land, the authority shall enter
an agreement with the municipality in which the new land is located.
(c)
To provide funds for the cost of increased municipal services that the municipality
will provide to the new land, an agreement under Subsection
(11)(b)
shall:
(i)
provide for:
(A)
the payment of impact fees to the municipality for development activity on the
new land; and
(B)
the authority's sharing with the municipality tax revenue generated from the
new land; and
(ii)
be structured in a way that recognizes the needs of the authority and furthers
mutual goals of the authority and the municipality.
Section 8.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), May 6, 2026; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
3-11-26 2:34 PM