03-02 12:44 1st Sub. (Green) S.B. 337
Kirk A. Cullimore proposes the following substitute bill:
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Land Use and Development Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor:
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LONG TITLE
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General Description:
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This bill creates the Beehive Development Agency and authorizes the commissioner of the
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Governor's Office of Economic Opportunity to propose significant community impact project
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plans and associated project areas to the Beehive Development Agency.
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Highlighted Provisions:
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This bill:
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▸ defines terms and modifies definitions;
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▸ provides a severability provision;
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▸ creates the Beehive Development Agency (agency) under Utah Constitution, Article XI,
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as a political subdivision of the state that is an independent, nonprofit, separate body
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corporate and politic, with perpetual succession, and a public corporation;
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▸ provides that appropriations to the agency are nonlapsing;
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▸ establishes the agency board and describes the agency powers and duties;
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▸ describes the purposes of a significant community impact project;
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▸ creates a revolving loan fund and establishes a loan committee;
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▸ authorizes the agency to create a public infrastructure district for a significant community
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project area;
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▸ describes the potential revenue sources of a significant community impact project area,
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including property tax differential and revenue generated by certain taxes;
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▸ repeals provisions establishing the Governor's Office of Economic Opportunity (office)
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board of directors and the Unified Economic Opportunity Commission;
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▸ creates the Economic Opportunity Coordinating Council (council);
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▸ changes the executive director of the office to the commissioner of the office;
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▸ provides that the commissioner of the office shall:
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● receive guidance from the council regarding statewide strategic objectives;
1st Sub. S.B. 337 1st Sub. (Green) S.B. 337 03-02 12:44
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● establish strategies for and actively recruit targeted industries identified by the council;
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● encourage a business to permanently relocate to, or significantly expand operations in,
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the state;
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● establish strategies for and actively support entrepreneurship and small business
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development;
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● coordinate economic development activities; and
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● coordinate with various departments and officials in order to consolidate certain state
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housing programs from the Division of Housing and Community Development
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within the office by July 1, 2026;
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▸ removes the sunset on the Utah Housing Corporation; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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11-59-302 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 263
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17D-4-102 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 419
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35A-8-202 (Effective 05/07/25), as last amended by Laws of Utah 2021, Chapter 281
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59-12-352 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapters 413,
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419
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59-12-354 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 419
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59-12-401 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 419
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59-12-402 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 419
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63A-3-401.5 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 419
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63A-3-402 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 419
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63C-25-202 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 419
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63H-8-302 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 164
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and renumbered and amended by Laws of Utah 2015, Chapter 226
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63I-1-263 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
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Session, Chapter 4
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63J-1-602.1 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapters 88,
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501
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63N-1a-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-1a-301 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-1a-302 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2021,
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Chapter 282
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63N-1a-303 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 362
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63N-1a-306 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 362
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63N-1a-306 (Effective 07/01/25), as last amended by Laws of Utah 2022, Chapter 362
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63N-2-103 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 438
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63N-2-104.2 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 159,
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316
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63N-2-104.3 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 499
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63N-2-504 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-2-808 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-3-102 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-3-403 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 268
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63N-3-605 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapters 521,
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537
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63N-3-801 (Effective 07/01/25), as last amended by Laws of Utah 2023, Chapter 499
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63N-3-1102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-4-104 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-4-105 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-4-504 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 506
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63N-4-804 (Effective 07/01/25), as enacted by Laws of Utah 2022, Chapter 362
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63N-7-102 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-7-103 (Effective 07/01/25), as repealed and reenacted by Laws of Utah 2022,
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Chapter 362
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63N-13-101 (Effective 07/01/25), as last amended by Laws of Utah 2023, Chapter 499
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63N-16-102 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 400
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63N-16-103 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapters 157,
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400
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63N-17-201 (Effective 07/01/25), as last amended by Laws of Utah 2024, Chapter 159
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67-1-2 (Effective 07/01/25), as last amended by Laws of Utah 2023, Chapter 250
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ENACTS:
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11-71-101 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-102 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-103 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-104 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-201 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-202 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-203 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-204 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-301 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-302 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-304 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-305 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-401 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-402 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-403 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-404 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-405 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-501 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-502 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-601 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-602 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-603 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-604 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-605 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-701 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-702 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-703 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-704 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-705 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-706 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-801 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-802 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-803 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-804 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-805 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-806 (Effective 07/01/25), Utah Code Annotated 1953
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11-71-901 (Effective 07/01/25), Utah Code Annotated 1953
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63N-1a-303.2 (Effective 05/07/25), Utah Code Annotated 1953
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63N-1a-501 (Effective 05/07/25), Utah Code Annotated 1953
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63N-1a-502 (Effective 05/07/25), Utah Code Annotated 1953
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63N-22-101 (Effective 07/01/26), Utah Code Annotated 1953
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REPEALS:
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63N-1a-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-1a-202 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-1a-304 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2021,
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Chapter 282
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63N-1a-401 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-1a-402 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 159
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63N-1b-102 (Effective 05/07/25), as last amended by Laws of Utah 2022, Chapter 118
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 11-59-302 is amended to read:
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11-59-302 (Effective 05/07/25). Number of board members -- Appointment --
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Vacancies -- Chairs.
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(1) The board shall consist of 12 members as provided in Subsection (2).
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(2)(a) The president of the Senate shall appoint two members of the Senate to serve as
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members of the board.
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(b) The speaker of the House of Representatives shall appoint two members of the
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House of Representatives to serve as members of the board.
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(c) The governor shall appoint five individuals to serve as members of the board:
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(i) one of whom shall be [a member of the board of or ]employed by the Governor's
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Office of Economic Opportunity, created in Section 63N-1a-301;
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(ii) one of whom shall be an employee of the facilities division; and
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(iii) one of whom shall be an elected official from a municipality in close proximity
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to the municipality in which the point of the mountain state land is located.
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(d) The Salt Lake County mayor shall appoint one board member, who shall be an
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elected Salt Lake County government official.
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(e) The mayor of Draper, or a member of the Draper city council that the mayor
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designates, shall serve as a board member.
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(f) The commissioner of higher education, appointed under Section 53B-1-408, or the
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commissioner's designee, shall serve as a board member.
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(3)(a)(i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
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same manner under this section as the appointment of the member whose vacancy
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is being filled.
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(ii) If the mayor of Draper or commissioner of higher education is removed as a
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board member under Subsection (5), the mayor of Draper or commissioner of
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higher education, as the case may be, shall designate an individual to serve as a
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member of the board, as provided in Subsection (2)(e) or (f), respectively.
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(b) Each person appointed or designated to fill a vacancy shall serve the remaining
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unexpired term of the member whose vacancy the person is filling.
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(4) A member of the board appointed by the governor, president of the Senate, or speaker
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of the House of Representatives serves at the pleasure of and may be removed and
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replaced at any time, with or without cause, by the governor, president of the Senate, or
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speaker of the House of Representatives, respectively.
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(5) A member of the board may be removed by a vote of two-thirds of all members of the
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board.
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(6)(a) The governor shall appoint one board member to serve as cochair of the board.
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(b) The president of the Senate and speaker of the House of Representatives shall jointly
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appoint one legislative member of the board to serve as cochair of the board.
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Section 2. Section 11-71-101 is enacted to read:
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CHAPTER 71. BEEHIVE DEVELOPMENT AGENCY ACT
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Part 1. General Provisions
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11-71-101 (Effective 07/01/25). Definitions.
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As used in this chapter:
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(1) "Agency" means the Beehive Development Agency created in Section 11-71-201.
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(2) "Approved significant community impact project plan" means a plan that has been
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approved by the board.
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(3) "Authority" means:
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(a) the Military Installation Development Authority created in Section 63H-1-201; and
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(b) the Utah Inland Port Authority created in Section 11-58-201.
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(4) "Authority-run project area" means a project area created by an authority under the
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authority's statutory powers as part of a significant community impact project plan.
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(5) "Base taxable value" means the taxable value of property within a project area, as
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designated by the board in a resolution approving a significant community impact
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project plan, from which property tax differential will be collected, as shown upon the
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assessment roll last equalized before the year in which the board adopts a resolution
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approving the significant community impact project plan.
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(6) "Base taxable year" means, for each property tax differential collection period triggered
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within a project area or a proposed project area, the calendar year before the calendar
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year in which the property tax increment begins to be collected for the parcels triggered
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for that collection period.
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(7) "Board" means the Beehive Development Agency Board created in Section 11-71-301.
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(8) "Commissioner" means the commissioner of the Governor's Office of Economic
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Opportunity.
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(9) "Council" means the Economic Opportunity Coordinating Council created in Section
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63N-1a-501.
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(10) "Direct financial benefit":
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(a) means any form of financial benefit that accrues to an individual directly, including:
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(i) compensation, commission, or any other form of a payment or increase of money;
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and
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(ii) an increase in the value of a business or property; and
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(b) does not include a financial benefit that accrues to the public generally.
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(11) "Economic opportunity of statewide concern" means a major economic project
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involving job creation, housing, energy, or capital investment goals.
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(12) "Family member" means a parent, spouse, sibling, child, or grandchild.
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(13)(a) "Public infrastructure and improvements" means infrastructure, improvements,
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facilities, or buildings that:
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(i)(A) benefit the public and are owned by a public entity or a utility; or
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(B) benefit the public and are publicly maintained or operated by a public entity; or
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(ii)(A) are privately owned;
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(B) benefit the public;
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(C) as determined by the board, provide a substantial benefit to the development
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and operation of a project area; and
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(D) are built according to applicable county or municipal design and safety
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standards.
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(b) "Public infrastructure and improvements" includes:
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(i) facilities, lines, or systems that provide:
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(A) water, chilled water, or steam; or
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(B) sewer, storm drainage, natural gas, electricity, energy storage, clean energy,
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microgrids, or telecommunications service;
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(ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking
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facilities, rail lines, intermodal facilities, multimodal facilities, and public
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transportation facilities; and
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(iii) infrastructure, improvements, facilities, or buildings that are developed as part of
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a remediation project.
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(14) "Project area" means land designated by a significant community impact project plan
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in which a particular economic opportunity of statewide concern:
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(a) is proposed to occur, before the adoption of a proposed significant community
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impact project plan; or
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(b) may occur or occurs, in an approved significant community impact project plan.
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(15) "Property tax differential":
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(a) means the difference between:
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(i) the amount of property tax revenues generated each tax year by all taxing entities
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from a project area, using the current assessed value of the property; and
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(ii) the amount of property tax revenues that would be generated from that same area
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using the base taxable value of the property; and
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(b) does not include property tax revenue from:
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(i) a county additional property tax or multicounty assessing and collecting levy
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imposed in accordance with Section 59-2-1602;
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(ii) a judgment levy imposed by a taxing entity under Section 59-2-1328 or 59-2-1330;
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or
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(iii) a levy imposed by a taxing entity under Section 11-14-310 to pay for a general
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obligation bond.
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Section 3. Section 11-71-102 is enacted to read:
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11-71-102 (Effective 07/01/25). Severability.
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If a court determines that any provision of this chapter, or the application of any
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provision of this chapter, is invalid, the remainder of this chapter shall be given effect without
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the invalid provision or application.
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Section 4. Section 11-71-103 is enacted to read:
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11-71-103 (Effective 07/01/25). Nonlapsing funds.
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Money the agency receives from legislative appropriations is nonlapsing.
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Section 5. Section 11-71-104 is enacted to read:
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11-71-104 (Effective 07/01/25). Loan approval committee -- Approval of
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infrastructure loans.
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(1) As used in this section:
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(a) "Beehive development fund" means the same as that term is defined in Section
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63A-3-401.5.
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(b) "Borrower" means the same as that term is defined in Section 63A-3-401.5.
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(c) "Infrastructure loan" means the same as that term is defined in Section 63A-3-401.5.
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(d) "Infrastructure project" means the same as that term is defined in Section
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63A-3-401.5.
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(e) "Loan approval committee" means a committee established under Subsection (2).
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(2) The agency shall establish a loan committee consisting of:
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(a) three members of the board, selected by the board; and
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(b) two individuals who are not members of the board, selected by the board.
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(3)(a) The loan committee may recommend for board approval an infrastructure loan
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from the beehive development fund to a borrower for an infrastructure project
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undertaken by the borrower.
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(b) An infrastructure loan from the beehive development fund may not be made unless:
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(i) the infrastructure loan is recommended by the loan committee; and
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(ii) the board approves the infrastructure loan.
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(4)(a) If the loan committee recommends an infrastructure loan, the loan committee shall
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recommend the terms of an infrastructure loan in accordance with Section 63A-3-404.
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(b) The board shall require the terms of an infrastructure loan secured by property tax
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differential to include a requirement that money from the infrastructure loan be used
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only for an infrastructure project within the project area that generates the property
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tax differential.
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(5) The board may establish policies and guidelines with respect to prioritizing requests for
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infrastructure loans and approving infrastructure loans.
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(6) Within 60 days after the execution of an infrastructure loan, the board shall report the
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infrastructure loan, including the loan amount, terms, interest rate, and security, to:
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(a) the Executive Appropriations Committee; and
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(b) the State Finance Review Commission created in Section 63C-25-201.
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(7)(a) Salaries and expenses of loan committee members who are legislators shall be
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paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter
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3, Legislator Compensation.
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(b) A loan committee member who is not a legislator may not receive compensation or
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benefits for the member's service on the committee, but may receive per diem and
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reimbursement for travel expenses incurred as a committee member at the rates
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established by the Division of Finance under:
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(i) Sections 63A-3-106 and 63A-3-107; and
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(ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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Section 6. Section 11-71-201 is enacted to read:
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Part 2. Beehive Development Agency
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11-71-201 (Effective 07/01/25). Creation of Beehive Development Agency.
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(1) Under the authority of Utah Constitution, Article XI, Section 8,there is created the
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Beehive Development Agency.
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(2) The agency is:
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(a) an independent, nonprofit, separate body corporate and politic, with perpetual
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succession;
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(b) a political subdivision of the state; and
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(c) a public corporation, as defined in Section 63E-1-102.
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(3) The purpose of the agency is to fulfill any number of statewide public purposes to
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maximize the long-term economic and other benefit for the state, consistent with the
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strategies, policies, and objectives described in this chapter.
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(4) The agency is the mechanism the state chooses to focus resources and efforts on behalf
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of the state to ensure that regional and statewide interests, concerns, and purposes are
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properly addressed from a statewide perspective.
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Section 7. Section 11-71-202 is enacted to read:
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11-71-202 (Effective 07/01/25). Agency powers and duties.
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(1) The agency has responsibility, and power to:
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(a) develop policies for the consideration of a potential significant community impact
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plan; and
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(b) develop and implement a business plan for a project area as part of a significant
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community impact plan.
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(2) The agency may:
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(a) facilitate and bring about the development of land in ways that benefit the entire state;
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(b) as the agency considers necessary or advisable to carry out any of the agency's duties
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or responsibilities under this chapter:
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(i) buy, obtain an option upon, or otherwise acquire any interest in real or personal
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property;
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(ii) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real
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or personal property; or
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(iii) enter into a lease agreement on real or personal property, either as lessee or
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lessor;
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(c) sue and be sued;
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(d) enter into contracts generally;
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(e) provide funding for the development of public infrastructure and improvements or
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other infrastructure and improvements on or related to a project area;
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(f) exercise powers and perform functions under a contract, as authorized in the contract;
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(g) receive the property tax differential, as provided in this chapter;
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(h) accept financial or other assistance from any public or private source for the agency's
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activities, powers, and duties, and expend any funds so received for any of the
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purposes of this chapter;
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(i) borrow money, contract with, or accept financial or other assistance from the federal
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government, a public entity, or any other source for any of the purposes of this
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chapter and comply with any conditions of the loan, contract, or assistance;
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(j) issue bonds to finance the undertaking of any development objectives of the agency,
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including bonds under Chapter 17, Utah Industrial Facilities and Development Act,
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bonds under Chapter 42, Assessment Area Act, and bonds under Chapter 42a,
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Commercial Property Assessed Clean Energy Act;
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(k) hire employees, including contract employees;
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(l) transact other business and exercise all other powers provided for in this chapter;
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(m) engage one or more consultants to advise or assist the agency in the performance of
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the agency's duties and responsibilities;
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(n) own, lease, operate, or otherwise control public infrastructure and improvements in a
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project area;
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(o) exercise powers and perform functions that the agency is authorized by statute to
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exercise or perform; and
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(p) support continued growth of the state's economy.
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(3)(a) The agency may establish a community enhancement program designed to
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address the impacts that development within a project area has on adjacent
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communities.
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(b)(i) The agency may use agency money to support the community enhancement
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program and to pay for efforts to address the impacts described in Subsection
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(3)(a).
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(ii) Agency money designated for use under Subsection (3)(b)(i) is exempt from
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execution or any other process in the collection of a judgment against or debt or
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other obligation of the agency arising out of the agency's activities with respect to
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the community enhancement program.
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(4) The board shall, at least annually:
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(a) review the statutory authority of the agency, the board, and the administrative
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secretary;
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(b) evaluate whether the agency is achieving the objectives outlined in Section
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11-71-201;
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(c) determine whether changes to board policies or guidelines are advisable and, if so,
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modify the policy, or guideline; and
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(d) determine whether to recommend statutory changes to Chapter 71, Beehive
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Development Agency Act.
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Section 8. Section 11-71-203 is enacted to read:
387
11-71-203 (Effective 07/01/25). Additional duties -- Duty to make policies.
388
The agency board, created in Section 11-71-301, shall make additional policies
389
necessary to carry out the agency's duties under this chapter.
390
Section 9. Section 11-71-204 is enacted to read:
391
11-71-204 (Effective 07/01/25). Applicability of other laws.
392
(1) As used in this section:
393
(a) "Public body" means the same as that term is defined in Section 52-4-103.
394
(b) "Subsidiary" means an agency subsidiary that is a public body.
395
(2) The agency and land within a project area established by the agency is not subject to:
396
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act;
397
(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act;
398
(c) ordinances or regulations of a county or municipality, including those relating to land
399
use, health, business license, or franchise; or
400
(d) the jurisdiction of a special district under Title 17B, Limited Purpose Local
401
Government Entities - Special Districts, or a special service district under Title 17D,
- 12 - 03-02 12:44 1st Sub. (Green) S.B. 337
402
Chapter 1, Special Service District Act.
403
(3)(a) The definitions in Section 57-8-3 apply to this Subsection (3).
404
(b) Notwithstanding the provisions of Title 57, Chapter 8, Condominium Ownership
405
Act, or any other provision of law:
406
(i) if the agency or the state is the owner of land in a project area on which a
407
condominium project is constructed, the agency or the state is not required to sign,
408
execute, or record a declaration of a condominium project; and
409
(ii) if a condominium unit in a project area is owned by the agency and leased to the
410
state for $1 or less per calendar year, not including any common charges that are
411
reimbursements for actual expenses:
412
(A) the condominium unit is not subject to any liens under Title 57, Chapter 8,
413
Condominium Ownership Act;
414
(B) condominium unit owners within the same building or commercial
415
condominium project may agree on any method of allocation and payment of
416
common area expenses, regardless of the size or par value of each unit; and
417
(C) the condominium project may not be dissolved without the consent of all the
418
condominium unit owners.
419
(4) The agency is subject to and governed by Sections 63E-2-106, 63E-2-107, 63E-2-108,
420
63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed by
421
Title 63E, Independent Entities Code.
422
(5)(a) A department, division, or other entity of the state and a political subdivision of
423
the state, except as provided in Subsection (5)(b), shall cooperate with the agency to
424
the fullest extent possible to provide whatever support, public information, or other
425
assistance the agency requests that is reasonably necessary to help the agency fulfill
426
the agency's duties and responsibilities under this chapter.
427
(b) Subsection (5)(a) does not apply to a political subdivision that does not have any of a
428
project area located within the boundary of the political subdivision.
429
(6) The agency or a subsidiary acting in the role of a facilitator under Subsection
430
63H-1-201(3)(v) is not prohibited from receiving a benefit from a public-private
431
partnership that results from the facilitator's work as a facilitator.
432
(7)(a) Terms defined in Section 57-11-2 apply to this Subsection (7).
433
(b) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act, does not apply to an
434
offer or disposition of an interest in land if the interest in land lies within the
435
boundaries of the project area and the agency:
- 13 - 1st Sub. (Green) S.B. 337 03-02 12:44
436
(i)(A) has a development review committee using at least one professional planner;
437
(B) enacts standards and guidelines that require approval of planning, land use,
438
and plats, including the approval of plans for streets, culinary water, sanitary
439
sewer, and flood control; and
440
(C) will have the improvements for streets, culinary water, sanitary sewer, and
441
flood control, plus telecommunications and electricity; and
442
(ii) if at the time of the offer or disposition, the subdivider furnishes satisfactory
443
assurance of completion of the improvements described in Subsection (7)(b)(i)(C).
444
(8)(a) The agency may request and, upon request, shall receive:
445
(i) fuel dispensing and motor pool services provided by the Division of Fleet
446
Operations;
447
(ii) surplus property services provided by the Division of Purchasing and General
448
Services;
449
(iii) information technology services provided by the Division of Technology
450
Services;
451
(iv) archive services provided by the Division of Archives and Records Service;
452
(v) financial services provided by the Division of Finance;
453
(vi) human resources services provided by the Division of Human Resource
454
Management;
455
(vii) legal services provided by the Office of the Attorney General; and
456
(viii) banking services provided by the Office of the State Treasurer.
457
(b) Nothing in Subsection (8)(a) may be construed to relieve the agency of the obligation
458
to pay the applicable fee for the service provided.
459
(9)(a) To govern agency procurements, the board shall adopt a procurement policy that
460
the board determines to be substantially consistent with applicable provisions of Title
461
63G, Chapter 6a, Utah Procurement Code.
462
(b) The board's determination under Subsection (9)(a) of substantial consistency is final
463
and conclusive.
464
Section 10. Section 11-71-301 is enacted to read:
465
Part 3. Beehive Development Agency Board
466
11-71-301 (Effective 07/01/25). Beehive Development Agency Board --
467
Delegation.
468
(1) The agency shall be governed by a board which:
469
(a) shall manage and conduct the business and affairs of the agency;
- 14 - 03-02 12:44 1st Sub. (Green) S.B. 337
470
(b) shall determine all questions of agency policy; and
471
(c) constitutes a mixed-function board.
472
(2) The board may hire an administrative secretary to staff the board.
473
(3) The board may by resolution delegate powers to the administrative secretary.
474
Section 11. Section 11-71-302 is enacted to read:
475
11-71-302 (Effective 07/01/25). Number of board members -- Appointment --
476
Vacancies.
477
(1) The agency board consists of five voting members described in Subsection (2).
478
(2)(a) The governor shall appoint three members to the board.
479
(b) The speaker of the House of Representatives shall appoint one member to the board.
480
(c) The president of the Senate shall appoint one member to the board.
481
(3)(a) Except as provided in Subsection (3)(b), the term of a board member is four years.
482
(b) At the time of appointment of the initial board, the governor shall appoint two
483
members for a term of two years to ensure that the terms of board members are
484
staggered so that approximately half of the board is appointed every two years.
485
(4) Board members may not serve more than two full consecutive terms except when the
486
appointing officer determines that an additional term is in the best interest of the state.
487
(5) A member of the board appointed under Subsection (2) serves at the pleasure of and
488
may be removed and replaced at any time, with or without cause, by the individual who
489
appointed the member.
490
(6) When a vacancy occurs in the membership of the board for any reason, the replacement
491
shall be appointed for the unexpired term.
492
(7) A majority of board members, not including a vacancy, constitutes a quorum for
493
conducting board business and exercising board power.
494
(8)(a) The governor shall select one board member as the board's chair.
495
(b) The board shall select one board member as the board's vice chair.
496
(9) Each board member shall serve until a successor is duly appointed and qualified.
497
(10) The board may appoint one or more advisory committees that may include individuals
498
from public entities, community organizations, environmental organizations, business
499
organizations, or other organizations or associations.
500
(11)(a) A member who is not a legislator may not receive compensation or benefits for
501
the member's service, but may receive per diem and travel expenses in accordance
502
with:
503
(i) Section 63A-3-106;
- 15 - 1st Sub. (Green) S.B. 337 03-02 12:44
504
(ii) Section 63A-3-107; and
505
(iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
506
(b) Compensation and expenses of a board member who is a legislator are governed by
507
Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
508
Compensation.
509
(12) A member shall comply with the conflict of interest provisions described in Title 63G,
510
Chapter 24, Part 3, Conflicts of Interest.
511
Section 12. Section 11-71-304 is enacted to read:
512
11-71-304 (Effective 07/01/25). Limitations on board members and
513
commissioner -- Annual conflict of interest disclosure statement -- Penalties.
514
(1) As used in this section, "established project area" means a project area:
515
(a) created under this chapter; or
516
(b) an authority-run project area if:
517
(i) in regard to the commissioner, the authority-run project area is established by an
518
authority other than the Beehive Development Agency at the recommendation of
519
the commissioner; and
520
(ii) in regard to a board member and the commissioner, the board and authority enter
521
into an agreement for the board to direct the authority's participation in a
522
significant community impact project plan, as described in Section 11-71-401.
523
(2)(a) An individual is subject to Subsection (2)(b) if:
524
(i) the individual owns real property, other than a personal residence in which the
525
individual resides, within an established project area, whether or not the
526
ownership interest is a recorded interest;
527
(ii) a family member of the individual owns an interest in real property, other than a
528
personal residence in which the family member resides, located within an
529
established project area; or
530
(iii) the individual or a family member of the individual owns an interest in, is
531
directly affiliated with, or is an employee or officer of a private firm, private
532
company, or other private entity that the individual reasonably believes is likely to:
533
(A) participate in or receive a direct financial benefit from the development of a
534
project area; or
535
(B) acquire an interest in or locate a facility within an established project area.
536
(b) An individual described in Subsection (2)(a):
537
(i) may not be employed as the commissioner;
- 16 - 03-02 12:44 1st Sub. (Green) S.B. 337
538
(ii) may not, if the individual is a board member, participate in the consideration or
539
vote on any matter affecting the individual or family member's interest or
540
affiliation described in Subsection (2)(a).
541
(3) Before taking office as a board member or accepting employment as commissioner, an
542
individual shall submit to the governor and the president of the Senate a statement
543
verifying that the individual's service or employment does not violate this section.
544
(4)(a) An individual may not, at any time during the individual's service as a board
545
member or employment as commissioner, acquire, or take any action to initiate,
546
negotiate, or otherwise arrange for the acquisition of, an interest in real property
547
located within an established project area, if:
548
(i) the acquisition is in the individual's personal capacity or in the individual's
549
capacity as an employee or officer of a private firm, private company, or other
550
private entity; and
551
(ii) the acquisition will enable the individual to receive a direct financial benefit as a
552
result of the development of the established project area.
553
(b) Subsection (4)(a) does not apply to an individual's acquisition of, or action to initiate,
554
negotiate, or otherwise arrange for the acquisition of, an interest in real property that
555
is a personal residence in which the individual will reside upon acquisition of the real
556
property.
557
(5)(a) A board member or the commissioner may not receive a direct financial benefit
558
from the development of a project in an established project area.
559
(b) For purposes of Subsection (5)(a), a direct financial benefit does not include:
560
(i) expense reimbursements;
561
(ii) per diem pay for board member service, if applicable; or
562
(iii) the commissioner's compensation or benefits from employment with the state.
563
(6) In addition to any other limitation on a board member described in this section, a board
564
member shall, no sooner than January 1 and no later than January 31 of each year during
565
which the board member holds office on the board:
566
(a) prepare a written conflict of interest disclosure statement that contains a response to
567
each item of information described in Subsection 20A-11-1604(6); and
568
(b) submit the written disclosure statement to the state auditor or the board's
569
administrative secretary.
570
(7)(a) No later than 10 business days after the date on which the board member submits
571
the written disclosure statement described in Subsection (6), the state auditor or
- 17 - 1st Sub. (Green) S.B. 337 03-02 12:44
572
board's administrative secretary shall:
573
(i) post an electronic copy of the written disclosure statement on a website
574
maintained by the state auditor or the agency, as applicable; and
575
(ii) provide the lieutenant governor with a link to the electronic posting described in
576
Subsection (7)(a)(i).
577
(b) The agency shall ensure that the board member's written disclosure statement
578
remains posted on the board's or agency's website until the board member leaves
579
office.
580
(8) The state auditor or the board's administrative secretary shall take the action described
581
in Subsection (9) if:
582
(a) a board member fails to timely submit the written disclosure statement described in
583
Subsection (6); or
584
(b) a submitted written disclosure statement does not comply with the requirements of
585
Subsection 20A-11-1604(6).
586
(9) If a circumstance described in Subsection (8) occurs, the state auditor or board's
587
administrative secretary shall, within five days after the day on which the state auditor or
588
board's administrative secretary determines that a violation occurred, notify the board
589
member of the violation and direct the board member to submit an amended written
590
disclosure statement correcting the problem.
591
(10)(a) It is unlawful for a board member to fail to submit or amend a written disclosure
592
statement within seven days after the day on which the board member receives the
593
notice described in Subsection (9).
594
(b) A board member who violates Subsection (10)(a) is guilty of a class B misdemeanor.
595
(c) The state auditor or board's administrative secretary, as applicable, shall report a
596
violation of Subsection (10)(a) to the attorney general.
597
(d) In addition to the criminal penalty described in Subsection (10)(b), the state auditor
598
or board's administrative secretary shall impose a civil fine of $100 against a board
599
member who violates Subsection (10)(a).
600
(11) The state auditor or board's administrative secretary, as applicable, shall retain a fine
601
collected under this section to pay for the costs of administering this section.
602
(12) Nothing in this section may be construed to affect the application or effect of any other
603
code provision applicable to a board member or employee relating to ethics or conflicts
604
of interest.
605
Section 13. Section 11-71-305 is enacted to read:
- 18 - 03-02 12:44 1st Sub. (Green) S.B. 337
606
11-71-305 (Effective 07/01/25). Policymaking.
607
The board shall establish policies, in addition to the requirements of this chapter,
608
governing:
609
(1) proposed significant community impact project plans;
610
(2) criteria to consider a proposed significant community impact project plan;
611
(3) criteria to approve or deny a proposed significant community impact project plan; and
612
(4) any other policy the board considers necessary to fulfill the agency's duties under this
613
chapter.
614
Section 14. Section 11-71-401 is enacted to read:
615
Part 4. Significant Community Impact Project Plan and Project Areas
616
11-71-401 (Effective 07/01/25). Preparation of a significant community impact
617
project plan -- Required contents of a significant community impact project plan.
618
(1) The commissioner may present a proposed significant community impact project plan to
619
the board for the board's consideration.
620
(2) A proposed significant community impact project plan shall:
621
(a) describe the economic opportunity of statewide concern to be addressed through the
622
proposed significant community impact project;
623
(b) describe how the proposed significant community impact project promotes the
624
strategic economic development objectives for the state, as established by the council;
625
(c) except as provided in Subsection (6), describe the proposed project area for the
626
proposed significant community impact project, including:
627
(i) a boundary description of each proposed project area;
628
(ii) a proposed base taxable year;
629
(iii) the percent of property tax differential, not to exceed 75% for the initial period or
630
50% for any secondary period, to be captured in a proposed project area;
631
(iv) taxes proposed to be levied in the project area; and
632
(v) the information described in Subsection (5);
633
(d) describe any grants, awards, loans, or other incentives authorized under Title 63N,
634
Economic Opportunity Act, that will be leveraged in the significant community
635
impact project plan, including:
636
(i) a grant under Title 63N, Chapter 3, Part 10, Economic Assistance Grant Program;
637
(ii) a grant under Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
638
Program;
639
(iii) an award from the Industrial Assistance Account under Title 63N, Chapter 3,
- 19 - 1st Sub. (Green) S.B. 337 03-02 12:44
640
Part 1, Industrial Assistance Account;
641
(iv) an award under Title 63N, Chapter 4, Rural Development Act; or
642
(v) a tax credit incentive under Title 63N, Chapter 2, Tax Credit Incentives for
643
Economic Development;
644
(e) describe any local grants, awards, loans, or other incentives that will be leveraged in
645
the significant community impact project plan;
646
(f) describe estimated economic impacts the project will have on the project area,
647
including projected revenues to the state or the project area;
648
(g) if it is proposed that the board contract with a person to manage all or part of a
649
significant impact project plan; and
650
(h) include any other information the board requires.
651
(3) A grant, award, loan, or other incentive described in Subsection (2)(d):
652
(a) may proceed with or without an approved significant community impact project;
653
(b) is not required to be approved by the board; and
654
(c) if the grant, award, loan, or other incentive is proposed in the significant community
655
impact project plan, the grant, award, loan, or other incentive becomes project area
656
funds, as described in Section 11-71-501, upon the board's adoption of the significant
657
community impact project plan.
658
(4) Nothing in this section shall be construed to eliminate requirements that ordinarily apply
659
before a grant, award, loan, or other incentive may be issued to a recipient.
660
(5) Land included or to be included within a single project area is not required to be
661
contiguous.
662
(6)(a) The commissioner shall provide the legislative body of a municipality or county
663
proposed to be included or impacted by a project area in a significant community
664
impact project plan with a draft plan that includes the information described in
665
Subsection (2).
666
(b) A legislative body shall consent or not consent to inclusion in a significant
667
community impact plan within 45 days of the day on which the commissioner
668
provides the draft plan described in Subsection (6)(a).
669
(7)(a) A project area described in a proposed significant community impact plan:
670
(i) may include state land; and
671
(ii) may include other public or private land, whether or not the public or private land
672
is contiguous to state land, if:
673
(A) the legislative body of the county in which the other public or private land is
- 20 - 03-02 12:44 1st Sub. (Green) S.B. 337
674
located, if the other public land or private land is located in an unincorporated
675
county, passes a resolution consenting to the inclusion of the land in the project
676
area;
677
(B) the legislative body of an included municipality passes a resolution consenting
678
to the inclusion of the land in the project area; and
679
(C) the owner of the other public or private land consents to the inclusion of the
680
land in the project area.
681
(b) Consent provided under Subsection (6)(a)(ii)(A), (B), or (C) is irrevocable.
682
(c) If a project area is to be on state land, as described in Subsection (7)(a)(i), the
683
description of a project area shall include written acknowledgment from the state
684
officer, board chair, or other individual responsible for the state land.
685
(8) In presenting a proposed significant community impact project plan to the board, the
686
commissioner shall describe how the commissioner consulted with a county and
687
municipality that may be affected by the adoption of a significant community impact
688
project area.
689
(9)(a) The commissioner may propose a significant community impact project plan that
690
requests an authority create an authority-run project area, under the authority's
691
statutory provisions, as part of a proposed significant community impact project plan.
692
(b) The board may request an authority described in Subsection (9)(a) enter into an
693
agreement with the board to participate in a significant community impact project
694
plan, once approved, under the board's direction.
695
(c) If an authority creates an authority-run project area pursuant to a significant
696
community impact project plan established under this chapter, the agency may not:
697
(i) levy taxes in the authority-run project area; or
698
(ii) collect property tax differential from the authority-run project area.
699
(10) If a parcel within a proposed project area is part of a project area, as that term is
700
defined in Section 17C-1-102, a housing and transit reinvestment zone created under
701
Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, a first home
702
investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment
703
Zone Act, or a home ownership promotion zone created under Title 10, Chapter 9a, Part
704
10, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 27a, Part
705
12, Home Ownership Promotion Zone for Counties, the commissioner and board shall:
706
(a) work with the relevant local government entity to establish how the overlapping
707
parcel shall be managed and how revenue generated by activity on the parcel shall be
- 21 - 1st Sub. (Green) S.B. 337 03-02 12:44
708
distributed, as specified in the proposal; and
709
(b) consult with the State Tax Commission to determine whether the distribution plan
710
described in Subsection (10)(a) is feasible.
711
Section 15. Section 11-71-402 is enacted to read:
712
11-71-402 (Effective 07/01/25). Public meeting to consider and discuss proposed
713
significant community impact project plan -- Notice -- Modification to proposed
714
economic zone.
715
(1) The board shall hold at least one public meeting to consider and discuss a proposed
716
significant community impact project plan.
717
(2)(a) At least 15 days before holding a public meeting described under Subsection (1),
718
the board shall make the proposed significant community impact project plan
719
publicly available on a website.
720
(b) At least 10 days before holding a public meeting described in Subsection (1), the
721
board shall give notice of the public meeting:
722
(i) to each taxing entity that would be impacted by a project area in the proposed
723
significant community impact project area plan;
724
(ii) to a municipality located within one-half mile of a proposed project area in the
725
proposed significant community impact project area plan; and
726
(iii) for a proposed project area in the proposed significant community project area
727
plan, as a class A notice under Section 63G-30-102, for at least 10 days.
728
(3) Before adopting a proposed significant community impact project plan, the board may
729
make other modifications to the proposed significant community impact project plan
730
that the board considers necessary or appropriate.
731
(4) Notwithstanding the provisions of this section, if a proposed significant community
732
impact project plan includes the creation of an authority-run project area, the
733
authority-run project area shall be noticed and created by the authority designated in the
734
proposed significant community impact project plan according to the statutory
735
provisions governing the authority.
736
Section 16. Section 11-71-403 is enacted to read:
737
11-71-403 (Effective 07/01/25). Adoption -- Effective date -- Certain legal
738
challenges barred.
739
(1) The board may not adopt a proposed significant community impact project plan unless
740
it is proposed by the commissioner.
741
(2) The board may adopt a project area as provided in this part, if the board receives written
- 22 - 03-02 12:44 1st Sub. (Green) S.B. 337
742
consent to include the land in the project area described in the significant community
743
impact project plan from, as applicable:
744
(a) legislative body of the county in whose unincorporated area the land is located; or
745
(b) the legislative body of the municipality in which the land is located.
746
(3) The board may adopt a proposed significant community impact project plan by
747
resolution, with any modifications described in Section 11-71-402, following
748
consideration and discussion of:
749
(a) long-term population growth estimates in the state and areas in and around a
750
proposed project area;
751
(b) workforce needs and availability, especially for targeted industries identified by the
752
council;
753
(c) infrastructure needs in a proposed project area, including water, power,
754
transportation, and telecommunications;
755
(d) the availability of, and impact on the availability of, resources like water, energy, air
756
quality, and recreational opportunity;
757
(e) the needs of urban and rural areas of the state;
758
(f) impacts to the quality of life for all residents of the state;
759
(g) any comments received before or during the public meeting described in Section
760
11-71-402; and
761
(h) how the proposal meets the requirements under Section 11-71-401(2).
762
(4) A resolution approving a significant community impact project plan shall contain, at
763
minimum, the board's findings that:
764
(a) the proposed significant community impact project plan addresses an economic
765
opportunity of statewide concern;
766
(b) there is a public benefit to the proposed significant community impact project plan;
767
(c) the proposed significant community impact project plan is economically sound and
768
feasible to adopt and carry out; and
769
(d) if adopted, the proposed significant community impact project plan will promote
770
strategic economic development objectives for the state, as established by the council
771
under Section 63N-1a-502.
772
(5)(a) A significant community impact project plan and the project area associated with
773
the plan becomes effective on the date designated by the board in the resolution
774
described in this section.
775
(b) Property tax differential may begin to be generated for an approved project area on
- 23 - 1st Sub. (Green) S.B. 337 03-02 12:44
776
January 1 following the approval of a significant community impact project plan, at
777
the rate approved by the board in the resolution, not to exceed 75%.
778
(c) Upon the effective date described in Subsection (5)(a), all affected local taxing
779
entities are required to participate according to the terms approved by the board and
780
each affected taxing entity is required to participate at the same rate.
781
(6)(a) The board may contract with a person to execute a significant community impact
782
project plan, or any portion of a significant community impact project plan, under the
783
board's authority and supervision.
784
(b) The board may execute a contract described in Subsection (6)(a) at or after the time
785
of adoption of the significant [c] community impact project plan.
786
(7) A legal action or other challenge to a significant community impact project plan or a
787
project area in a significant community impact project plan is barred unless brought
788
within 30 days after the effective date of the significant community impact project plan,
789
as described in Subsection (5)(a).
790
Section 17. Section 11-71-404 is enacted to read:
791
11-71-404 (Effective 07/01/25). Notice of significant community impact project
792
plan adoption -- Notice of project area adoptions.
793
(1) Upon the board's adoption of a significant community impact project plan as described
794
in Section 11-71-403, the board shall provide notice as provided in Subsection (2) by
795
publishing or causing to be published, legal notice for the project area included in the
796
significant community impact project plan, as a class A notice under Section 63G-30-102,
797
for at least 30 days.
798
(2)(a) Each notice under Subsection (1) shall include:
799
(i) the board resolution adopting the significant community impact project plan or a
800
summary of the board resolution; and
801
(ii) a statement that the significant community impact project plan, including a
802
description of all project areas approved in the plan, is available for general public
803
inspection and the hours for inspection.
804
(b) The statement required under Subsection (2)(a)(ii) may be included within the board
805
resolution adopting the significant community impact project plan or within the
806
summary of the resolution.
807
(3) The board shall make the adopted significant community impact project plan and a
808
description of the project area available to the general public at the agency's offices
809
during normal business hours.
- 24 - 03-02 12:44 1st Sub. (Green) S.B. 337
810
(4) Within 10 days after the day on which a significant community impact project area is
811
established, or after an amendment to a significant community impact project plan is
812
adopted that modifies a boundary of a project area, the board shall send notice of the
813
establishment or modification of the project area and an accurate map or plat of the
814
project area to:
815
(a) the State Tax Commission;
816
(b) the Utah Geospatial Resource Center created in Section 63A-16-505; and
817
(c) the assessor and recorder of each county where the project area is located.
818
Section 18. Section 11-71-405 is enacted to read:
819
11-71-405 (Effective 07/01/25). Amendment to a significant community impact
820
project plan.
821
The board may amend an adopted significant community impact project plan by
822
following the same procedure under this part that applies to the initial adoption of a significant
823
community impact project plan.
824
Section 19. Section 11-71-501 is enacted to read:
825
Part 5. Project Area Budget
826
11-71-501 (Effective 07/01/25). Project area budget.
827
(1) Before the agency may use the property tax differential from a project area, the board
828
shall prepare and adopt a project area budget.
829
(2) A project area budget shall include:
830
(a) the base taxable value of property in the project area;
831
(b) the projected property tax differential expected to be generated within the project
832
area;
833
(c) the amount of the property tax differential expected to be used to implement the
834
project area plan, including the estimated amount of the property tax differential to be
835
used for:
836
(i) land acquisition;
837
(ii) public infrastructure and improvements;
838
(iii) a remediation project, if applicable; and
839
(iv) loans, grants, or other incentives to private and public entities;
840
(d) the property tax differential expected to be used to cover the cost of administering
841
the project area plan;
842
(e) the amount of property tax differential expected to be shared with other taxing
843
entities; and
- 25 - 1st Sub. (Green) S.B. 337 03-02 12:44
844
(f) for property that the agency owns or leases and expects to sell or sublease, the
845
expected total cost of the property to the agency and the expected selling price or
846
lease payments.
847
(3) The board may amend an adopted project area budget as and when the board considers
848
it appropriate.
849
Section 20. Section 11-71-502 is enacted to read:
850
11-71-502 (Effective 07/01/25). Budgets impacting public infrastructure districts
851
created by the agency.
852
(1)(a) Before the agency creates a subsidiary public infrastructure district for a
853
significant community impact project area, the board shall prepare and adopt a public
854
infrastructure district budget.
855
(b) The public infrastructure district budget described in Subsection (1)(a) shall include
856
the projected revenue to be generated by the public infrastructure district through:
857
(i) the issuance of bonds; and
858
(ii) the levying of taxes as described in this section.
859
(2)(a)(i) A public infrastructure district created by the agency as a subsidiary of the
860
agency in accordance with Title 17D, Chapter 4, Public Infrastructure District Act,
861
may, subject to limitations of Title 17D, Chapter 4, Public Infrastructure District
862
Act, levy a property tax for the operations and maintenance of the subsidiary
863
public infrastructure district's financed infrastructure and related improvements,
864
subject to a maximum certified rate for the county in which the public
865
infrastructure district operates.
866
(ii) A levy under Subsection (2)(a)(i) may be separate from a public infrastructure
867
district property tax levy for a bond.
868
(b) If a subsidiary public infrastructure district issues a bond:
869
(i) the subsidiary public infrastructure district may:
870
(A) delay the effective date of the property tax levy for the bond until after the
871
period of capitalized interest payments; and
872
(B) covenant with bondholders not to reduce or impair the property tax levy; and
873
(ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public
874
Infrastructure District Act, the tax rate for the property tax levy for the bond may
875
not exceed a rate that generates more revenue than required to pay the annual debt
876
service of the bond plus administrative costs, subject to a maximum certified rate
877
for the county in which the public infrastructure district operates.
- 26 - 03-02 12:44 1st Sub. (Green) S.B. 337
878
(c) If a subsidiary public infrastructure district issues bonds, the subsidiary public
879
infrastructure district may issue bonds secured by property taxes from:
880
(i) the entire subsidiary public infrastructure district boundary; or
881
(ii) one or more tax areas within the subsidiary public infrastructure district boundary.
882
(3) The requirements of this section may be in addition to the requirements described in
883
Part 7, Beehive Development Agency Bonds.
884
Section 21. Section 11-71-601 is enacted to read:
885
Part 6. Project Area Revenue
886
11-71-601 (Effective 07/01/25). Project area funds -- Project area agreements.
887
(1) The following constitute potential project area funds for an approved project area that is
888
part of a significant community impact project plan:
889
(a) a grant, award, loan, or incentive authorized under Title 63N, Economic Opportunity
890
Act, included as a part of the approved significant community impact project plan;
891
(b) property tax differential from a project area, as described in Section 11-71-605; and
892
(c) revenue generated by a tax authorized under this part.
893
(2) Project area funds may be expended for a purpose described in a significant community
894
impact project plan, including:
895
(a) to pay for, including financing or refinancing, all or part of the development of land
896
within an project area, including assisting the ongoing operation of a development or
897
a facility within the project area;
898
(b) to pay the cost of the installation and construction of public infrastructure and
899
improvements within the project area from which the project area funds were
900
collected;
901
(c) to pay the cost of the installation of public infrastructure and improvements outside a
902
project area if the board determines by resolution that the infrastructure and
903
improvements are of benefit to the project area;
904
(d) to pay the principal and interest on bonds issued by the agency for the benefit of the
905
project area, if the bonds were first approved by the board;
906
(e) to pay the cost of acquiring a conservation easement on land that is part of or
907
adjacent to the project area; and
908
(f) to incentivize development that is contemplated in an approved significant
909
community impact project plan.
910
(3)(a) The agency may use money it receives under Subsections 59-12-103(17) and (19)
911
for the development of the project area that generated the funds, including paying for
- 27 - 1st Sub. (Green) S.B. 337 03-02 12:44
912
bonds issued to pay for the development and construction of projects in the project
913
area.
914
(b) If the amount of money the agency receives under Subsection (3)(a) exceeds the
915
amount required to pay the annual debt service on bonds issued to pay for the
916
development and construction of a project, the agency may use the excess amount
917
received to:
918
(i) pay down the principal on a bond associated with the project area that generated
919
the funds; or
920
(ii) support development outside of the project area that generated the funds.
921
(4) Before project funds may be used outside of the project area, the board shall:
922
(a) make a finding that the use of project area funds outside the project area will directly
923
benefit the project area and the elements of the significant community impact project
924
plan being targeted in the project area; and
925
(b) describe the maximum distance that project area funds may be used outside the
926
project area.
927
Section 22. Section 11-71-602 is enacted to read:
928
11-71-602 (Effective 07/01/25). Accommodations tax.
929
(1) As used in this section, "accommodations and services" means an accommodation or
930
service described in Subsection 59-12-103(1)(i).
931
(2) The board may impose an accommodations tax on a provider for amounts paid or
932
charged for accommodations and services, if the place of accommodation is located
933
within the project area on:
934
(a) municipality-owned, county-owned, or state-owned property;
935
(b) privately owned property on which a municipality, county, or the state owns some or
936
all of the place of accommodation; or
937
(c) privately owned property on which the board finds that a private owner is receiving
938
significant benefit due to the proximity of the project area to the privately owned
939
property.
940
(3) The maximum rate of the accommodations tax authorized by this section is 15% of the
941
amounts paid to or charged by the provider for accommodations and services.
942
(4) A provider may recover an amount equal to the accommodations tax authorized in this
943
section from customers, if the provider includes the amount as a separate billing line
944
item.
945
(5) If the board imposes the tax described in this section for an area, the board may not also
- 28 - 03-02 12:44 1st Sub. (Green) S.B. 337
946
impose on the amounts paid or charged for accommodations and services in the same
947
area any other tax described in:
948
(a) Title 59, Chapter 12, Sales and Use Tax Act; or
949
(b) Title 59, Chapter 28, State Transient Room Tax Act.
950
(6) Except as provided in Subsection (7) or (8), the tax imposed under this section shall be
951
administered, collected, and enforced in accordance with:
952
(a) the same procedures used to administer, collect, and enforce the tax under:
953
(i) Title 59, Chapter 12, Part 1, Tax Collection; or
954
(ii) Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and
955
(b) Title 59, Chapter 1, General Taxation Policies.
956
(7) The location of a transaction shall be determined in accordance with Sections 59-12-211
957
through 59-12-215.
958
(8)(a) A tax under this section is not subject to Section 59-12-107.1 or 59-12-123 or
959
Subsections 59-12-205(2) through (5).
960
(b) The exemptions described in Sections 59-12-104, 59-12-104.1, and 59-12-104.6 do
961
not apply to a tax imposed under this section.
962
(9) The State Tax Commission shall:
963
(a) except as provided in Subsection (9)(b), distribute the revenue collected from the tax
964
to the board; and
965
(b) retain and deposit an administrative charge in accordance with Section 59-1-306
966
from revenue the State Tax Commission collects from a tax under this section.
967
(10)(a) If the board imposes, repeals, or changes the rate of tax under this section, the
968
implementation, repeal, or change shall take effect:
969
(i) on the first day of a calendar quarter; and
970
(ii) after a 90-day period beginning on the date the State Tax Commission receives
971
the notice described in Subsection (10)(b) from the legislative body of the county
972
or municipality.
973
(b) The notice required in Subsection (10)(a)(ii) shall state:
974
(i) that the county or municipality will impose, repeal, or change the rate of a tax
975
under this section;
976
(ii) the effective date of the implementation, repeal, or change of the tax; and
977
(iii) the rate of the tax.
978
Section 23. Section 11-71-603 is enacted to read:
979
11-71-603 (Effective 07/01/25). Energy sales and use tax.
- 29 - 1st Sub. (Green) S.B. 337 03-02 12:44
980
(1) The board may levy an energy tax within a project area on an energy supplier as defined
981
in Section 10-1-303.
982
(2) The maximum rate of the energy tax under this section is 6% of the delivered value as
983
defined in Section 10-1-303, except that delivered value does not include the amount of
984
a tax paid under this section.
985
(3)(a) An energy supplier may recover an amount equal to the energy tax from the
986
energy suppplier's customers, if the energy supplier includes the amount as a separate
987
billing line item.
988
(b) The energy tax levied under this section is in addition to the rate approved by the
989
Public Service Commission and charged to the customer.
990
(4) If the agency has levied a municipal energy tax in the project area, the energy tax paid
991
by a customer is reduced by any municipal energy tax paid by that customer on the same
992
delivered value.
993
(5)(a) The energy tax is payable by the energy supplier to the agency on a monthly basis
994
as described by the resolution levying the tax.
995
(b) The resolution shall allow the energy supplier to retain 1% of the tax remittance each
996
month to offset the energy supplier's costs of collecting and remitting the tax.
997
Section 24. Section 11-71-604 is enacted to read:
998
11-71-604 (Effective 07/01/25). Other taxes levied for a project area.
999
(1) If the board does not levy the tax described in Section 11-71-602 for an area, the board
1000
may levy the following taxes:
1001
(a) a transient room tax described in Subsection 59-12-352(7);
1002
(b) resort community tax described in Section 59-12-401; and
1003
(c) additional resort community sales and use tax described in Section 59-12-402.
1004
(2) Revenue generated by a tax described in this section from a project area constitutes
1005
project area funds for that project area.
1006
Section 25. Section 11-71-605 is enacted to read:
1007
11-71-605 (Effective 07/01/25). Property tax differential.
1008
(1) A county that collects property tax located within a project area shall, in accordance
1009
with Section 59-2-1365, distribute to the agency:
1010
(a) beginning the year after a statewide community impact project plan is approved by
1011
resolution and for up to 25 years, up to 75% of property tax differential generated in
1012
the project area; and
1013
(b) beginning in the secondary capture period, as approved by the board by resolution,
- 30 - 03-02 12:44 1st Sub. (Green) S.B. 337
1014
and for no more than 15 years thereafter unless earlier terminated by resolution of the
1015
board, up to 50% of property tax differential generated in the project area.
1016
(2) The agency may utilize property tax differential as described in this section and subject
1017
to the requirements of Section 11-71-501.
1018
(3) Improvements on a parcel within a project area become subject to property tax on
1019
January 1 immediately following the day on which the agency, or an entity designated
1020
by the agency, issues a certificate of occupancy or other final approval with respect to
1021
those improvements.
1022
(4) If an approved significant community impact project plan includes the creation of one
1023
or more authority-run project areas:
1024
(a) the authority shall manage the authority-run project area and any authority-run
1025
project area funds:
1026
(i) pursuant to the authority's statutory provisions; and
1027
(ii) in accordance with any agreement between the board and the authority governing
1028
the significant community impact project plan; and
1029
(b) the provisions of this section do not apply to the authority-run project area.
1030
Section 26. Section 11-71-701 is enacted to read:
1031
Part 7. Beehive Development Agency Bonds
1032
11-71-701 (Effective 07/01/25). Resolution authorizing issuance of bonds --
1033
Characteristics of bonds -- Notice.
1034
(1) The agency may not issue bonds under this part unless the board first:
1035
(a) adopts a parameters resolution for the bonds that sets forth:
1036
(i) the maximum:
1037
(A) amount of bonds;
1038
(B) term; and
1039
(C) interest rate; and
1040
(ii) the expected security for the bonds; and
1041
(b) submits the parameters resolution for review and recommendation to the State
1042
Finance Review Commission created in Section 63C-25-201.
1043
(2)(a) As provided in the agency resolution authorizing the issuance of bonds under this
1044
part or the trust indenture under which the bonds are issued, bonds issued under this
1045
part may be issued in one or more series and may be sold at public or private sale and
1046
in the manner provided in the resolution or indenture.
1047
(b) Bonds issued under this part shall bear the date, be payable at the time, bear interest
- 31 - 1st Sub. (Green) S.B. 337 03-02 12:44
1048
at the rate, be in the denomination and in the form, carry the conversion or
1049
registration privileges, have the rank or priority, be executed in the manner, be
1050
subject to the terms of redemption or tender, with or without premium, be payable in
1051
the medium of payment and at the place, and have other characteristics as provided in
1052
the agency resolution authorizing the bond's issuance or the trust indenture under
1053
which the bonds are issued.
1054
(3) Upon the board's adoption of a resolution providing for the issuance of bonds, the board
1055
may provide for the publication of the resolution:
1056
(a) for the area within the agency's boundaries, as a class A notice under Section
1057
63G-30-102, for at least 30 days; and
1058
(b) as required in Section 45-1-101.
1059
(4) In lieu of publishing the entire resolution, the board may publish notice of bonds that
1060
contains the information described in Subsection 11-14-316(2).
1061
(5) For a period of 30 days after the publication, any person in interest may contest:
1062
(a) the legality of the resolution or proceeding;
1063
(b) any bonds that may be authorized by the resolution or proceeding; or
1064
(c) any provisions made for the security and payment of the bonds.
1065
(6)(a) A person may contest the matters set forth in Subsection (5) by filing a verified
1066
written complaint, within 30 days of the publication under Subsection (5), in the
1067
court with jurisdiction in the county in which the person resides.
1068
(b) A person may not contest the matters set forth in Subsection (5), or the regularity,
1069
formality, or legality of the resolution or proceeding, for any reason, after the 30-day
1070
period for contesting provided in Subsection (6)(a).
1071
(7) No later than 60 days after the closing day of any bonds, the agency shall report the
1072
bonds issuance, including the amount of the bonds, terms, interest rate, and security, to:
1073
(a) the Executive Appropriations Committee; and
1074
(b) the State Finance Review Commission created in Section 63C-25-201.
1075
Section 27. Section 11-71-702 is enacted to read:
1076
11-71-702 (Effective 07/01/25). Sources from which bonds may be made payable
1077
-- Agency powers regarding bonds.
1078
(1) The principal and interest on bonds issued by the agency may be made payable from:
1079
(a) the income and revenues of the projects financed with the proceeds of the bonds;
1080
(b) the income and revenues of certain designated projects that were financed in whole
1081
or in part with the proceeds of the bonds;
- 32 - 03-02 12:44 1st Sub. (Green) S.B. 337
1082
(c) the income, proceeds, revenues, property, and funds the agency derives from or holds
1083
in connection with the agency's undertaking and carrying out development of a
1084
significant community impact project plan or an associated project area;
1085
(d) property tax differential funds;
1086
(e) agency revenues generally;
1087
(f) a contribution, loan, grant, or other financial assistance from the federal government
1088
or a public entity in aid of the agency; or
1089
(g) funds derived from any combination of the methods listed in Subsections (1)(a)
1090
through (g).
1091
(2) In connection with the issuance of agency bonds, the agency may:
1092
(a) pledge all or any part of the agency's gross or net rents, fees, or revenues that exist or
1093
may come into existence;
1094
(b) encumber by mortgage, deed of trust, or otherwise all or any part of the agency's real
1095
or personal property, then owned or thereafter acquired; and
1096
(c) make the covenants and take the action that may be necessary, convenient, or
1097
desirable to secure the agency's bonds, or, except as otherwise provided in this
1098
chapter, that will tend to make the bonds more marketable, even though such
1099
covenants or actions are not specifically enumerated in this chapter.
1100
Section 28. Section 11-71-703 is enacted to read:
1101
11-71-703 (Effective 07/01/25). Purchase of bonds.
1102
(1) Any person, firm, corporation, association, political subdivision of the state, or other
1103
entity or public or private officer may purchase bonds issued by an agency under this
1104
part with funds owned or controlled by the purchaser.
1105
(2) Nothing in this section may be construed to relieve a purchaser of agency bonds of any
1106
duty to exercise reasonable care in selecting securities.
1107
Section 29. Section 11-71-704 is enacted to read:
1108
11-71-704 (Effective 07/01/25). Those executing bonds not personally liable --
1109
Limitation of obligations under bonds -- Negotiability.
1110
1111
(1) A member of the board or other person executing an agency bond is not liable
1112
personally on the bond.
1113
(2)(a) A bond issued by the agency is not a general obligation or liability of the state or
1114
any of the state's political subdivisions and does not constitute a charge against the
1115
state's general credit or taxing powers.
- 33 - 1st Sub. (Green) S.B. 337 03-02 12:44
1116
(b) A bond issued by the agency is not payable out of any funds or properties other than
1117
those of the agency.
1118
(c) The state and its political subdivisions are not and may not be held liable on a bond
1119
issued by the agency.
1120
(d) A bond issued by the agency does not constitute indebtedness within the meaning of
1121
any constitutional or statutory debt limitation.
1122
(3) A bond issued by the agency under this part is fully negotiable.
1123
Section 30. Section 11-71-705 is enacted to read:
1124
11-71-705 (Effective 07/01/25). Obligee rights -- Board may confer other rights.
1125
(1) In addition to all other rights that are conferred on an obligee of a bond issued by the
1126
agency under this part and subject to contractual restrictions binding on the obligee, an
1127
obligee may:
1128
(a) by mandamus, suit, action, or other proceeding, compel the agency and its board,
1129
officers, agents, or employees to perform every term, provision, and covenant
1130
contained in any contract of the agency with or for the benefit of the obligee, and
1131
require the agency to carry out the covenants and agreements of the agency and to
1132
fulfill all duties imposed on the agency by this part; and
1133
(b) by suit, action, or proceeding in equity, enjoin any acts or things that may be
1134
unlawful or violate the rights of the obligee.
1135
(2)(a) In a board resolution authorizing the issuance of bonds or in a trust indenture,
1136
mortgage, lease, or other contract, the board may confer upon an obligee holding or
1137
representing a specified amount in bonds, the rights described in Subsection (2)(b), to
1138
accrue upon the happening of an event or default prescribed in the resolution,
1139
indenture, mortgage, lease, or other contract, and to be exercised by suit, action, or
1140
proceeding in any court of competent jurisdiction.
1141
(b)(i) The rights that the board may confer under Subsection (2)(a) are the rights to:
1142
(A) cause possession of all or part of a development project to be surrendered to
1143
an obligee;
1144
(B) obtain the appointment of a receiver of all or part of an agency's development
1145
project and of the rents and profits from the development project; and
1146
(C) require the agency and its board and employees to account as if the agency
1147
and the board and employees were the trustees of an express trust.
1148
(ii) If a receiver is appointed through the exercise of a right granted under Subsection
1149
(2)(b)(i)(B), the receiver:
- 34 - 03-02 12:44 1st Sub. (Green) S.B. 337
1150
(A) may enter and take possession of the development project or any part of the
1151
development project, operate and maintain the development project, and collect
1152
and receive all fees, rents, revenues, or other charges arising from the
1153
development project after the receiver's appointment; and
1154
(B) shall keep money collected as receiver for the agency in separate accounts and
1155
apply the money pursuant to the agency obligations as the court directs.
1156
Section 31. Section 11-71-706 is enacted to read:
1157
11-71-706 (Effective 07/01/25). Bonds exempt from taxes -- Agency may
1158
purchase its own bonds.
1159
(1) A bond issued by the agency, or a subsidiary public infrastructure district as described
1160
in Section 11-71-502, under this part is issued for an essential public and governmental
1161
purpose and is, together with interest on the bond and income from the bond, exempt
1162
from all state taxes except the corporate franchise tax.
1163
(2) The agency may purchase the agency's own bonds at a price that the board determines.
1164
(3) Nothing in this section may be construed to limit the right of an obligee to pursue a
1165
remedy for the enforcement of a pledge or lien given under this part by the agency on
1166
the agency's rents, fees, grants, properties, or revenues.
1167
Section 32. Section 11-71-801 is enacted to read:
1168
Part 8. Agency Budget, Reporting, and Audits
1169
11-71-801 (Effective 07/01/25). Annual agency budget -- Fiscal year -- Public
1170
hearing required -- Auditor forms -- Requirement to file annual budget.
1171
(1) The agency shall prepare and the board shall adopt an annual budget of revenues and
1172
expenditures for the agency for each fiscal year.
1173
(2) Each annual agency budget shall be adopted before June 30, except that the agency's
1174
initial budget shall be adopted as soon as reasonably practicable after the organization of
1175
the board and the beginning of agency operations.
1176
(3) The agency's fiscal year shall be the period from July 1 to the following June 30.
1177
(4)(a) Before adopting an annual budget, the board shall hold a public hearing on the
1178
annual budget.
1179
(b) The agency shall provide notice of the public hearing on the annual budget by
1180
publishing notice:
1181
(i) at least once in a newspaper of general circulation within the state, at least one
1182
week before the public hearing; and
1183
(ii) on the Utah Public Notice Website created in Section 63A-16-601, at least one
- 35 - 1st Sub. (Green) S.B. 337 03-02 12:44
1184
week immediately before the public hearing.
1185
(c) The agency shall make the annual budget available for public inspection at least three
1186
days before the date of the public hearing.
1187
(5) The state auditor shall prescribe the budget forms and the categories to be contained in
1188
each agency budget, including:
1189
(a) revenues and expenditures for the budget year;
1190
(b) legal fees; and
1191
(c) administrative costs, including rent, supplies, and salaries of agency personnel.
1192
(6)(a) Within 30 days after adopting an annual budget, the board shall file a copy of the
1193
annual budget with the auditor of each county in which a project area is located, the
1194
State Tax Commission, the state auditor, the State Board of Education, and each
1195
taxing entity that levies a tax on property from which the agency collects property tax
1196
differential.
1197
(b) The requirement of Subsection (6)(a) to file a copy of the annual budget with the
1198
state as a taxing entity is met if the agency files a copy with the State Tax
1199
Commission and the state auditor.
1200
Section 33. Section 11-71-802 is enacted to read:
1201
11-71-802 (Effective 07/01/25). Amending the agency annual budget.
1202
(1) The board may by resolution amend an annual agency budget.
1203
(2) An amendment of the annual agency budget that would increase the total expenditures
1204
may be made only after public hearing by notice published as required for initial
1205
adoption of the annual budget.
1206
(3) The agency may not make expenditures in excess of the total expenditures established
1207
in the annual budget as the budget is adopted or amended.
1208
Section 34. Section 11-71-803 is enacted to read:
1209
11-71-803 (Effective 07/01/25). Report.
1210
(1) No later than August 1 of each year, the board shall evaluate the agency's work to
1211
pursue strategic economic development objectives in the state.
1212
(2) No later than September 1 of each year, the board shall report to the council regarding:
1213
(a) progress made toward strategic economic development objectives;
1214
(b) draft proposals for significant community impact project plans;
1215
(c) complete proposals for significant community impact project plans; and
1216
(d) approved significant community impact project plans.
1217
(3) No later than October 1 of each year, the board shall provide a written report to the
- 36 - 03-02 12:44 1st Sub. (Green) S.B. 337
1218
Economic Development and Workforce Services Interim Committee regarding any
1219
approved significant community impact project plans.
1220
(4)(a) No later than October 1 of each year, the agency shall prepare and file a report
1221
with the county auditor of each county in which a project area created under this
1222
chapter is located, the State Tax Commission, the State Board of Education, and each
1223
taxing entity that levies a tax on property from which the agency collects property tax
1224
differential.
1225
(b) The requirement of Subsection (4)(a) to file a copy of the report with the state as a
1226
taxing entity is met if the agency files a copy with the State Tax Commission and the
1227
state auditor.
1228
(c) Each report under this Subsection (4) shall contain:
1229
(i) an estimate of the property tax differential to be paid to the agency for the calendar
1230
year ending December 31; and
1231
(ii) an estimate of the property tax differential to be paid to the agency for the
1232
calendar year beginning the next January 1.
1233
(5) No later than November 1 of each year, the board shall present a report to the Executive
1234
Appropriations Committee of the Legislature, as the Executive Appropriations
1235
Committee directs, that includes:
1236
(a) an overview of any policies created by the board under this chapter;
1237
(b) an accounting of how agency funds have been spent;
1238
(c) any agency business plans developed under Part 5, Project Area Budget; and
1239
(d) an explanation of the agency's progress in achieving the policies and objectives
1240
described in this chapter.
1241
Section 35. Section 11-71-804 is enacted to read:
1242
11-71-804 (Effective 07/01/25). Audit requirements.
1243
The agency shall comply with the audit requirements of Title 51, Chapter 2a,
1244
Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local
1245
Entities Act.
1246
Section 36. Section 11-71-805 is enacted to read:
1247
11-71-805 (Effective 07/01/25). Audit report.
1248
(1) The agency shall, within 180 days after the end of the agency's fiscal year, file a copy of
1249
the audit report with the county auditor, the State Tax Commission, the State Board of
1250
Education, and each taxing entity that levies a tax on property from which the agency
1251
collects property tax differential.
- 37 - 1st Sub. (Green) S.B. 337 03-02 12:44
1252
(2) Each audit report under Subsection (1) shall include:
1253
(a) the property tax differential collected by the agency;
1254
(b) the outstanding principal amount of bonds issued or other loans incurred to finance
1255
the costs associated with the agency's projects; and
1256
(c) the actual amount expended for:
1257
(i) acquisition of property;
1258
(ii) site improvements or site preparation costs;
1259
(iii) installation of public utilities or other public improvements; and
1260
(iv) administrative costs of the agency.
1261
Section 37. Section 11-71-806 is enacted to read:
1262
11-71-806 (Effective 07/01/25). Board is a public treasurer -- Certain agency
1263
funds are public funds.
1264
(1) The board, or the board's designee:
1265
(a) is a public treasurer, as defined in Section 51-7-3; and
1266
(b) shall invest the agency funds specified in Subsection (2) as provided in that
1267
subsection.
1268
(2) Notwithstanding Subsection 63E-2-110(2)(a), property tax differential funds, tax
1269
revenue collected by the agency as described in this chapter, and appropriations that the
1270
agency receives from the state:
1271
(a) are public funds; and
1272
(b) shall be invested as provided in Title 51, Chapter 7, State Money Management Act.
1273
Section 38. Section 11-71-901 is enacted to read:
1274
Part 9. Agency Dissolution
1275
11-71-901 (Effective 07/01/25). Dissolution of agency -- Restrictions -- Notice of
1276
dissolution -- Disposition of agency property -- Agency records -- Dissolution expenses.
1277
(1) The agency may not be dissolved unless the agency has no outstanding bonded
1278
indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding
1279
contractual obligations with persons or entities other than the state.
1280
(2) Upon the dissolution of the agency:
1281
(a) the Governor's Office of Economic Opportunity shall publish a notice of dissolution:
1282
(i) for the county in which a project area created by the dissolved agency is located,
1283
as a class A notice under Section 63G-30-102, for at least seven days; and
1284
(ii) as required in Section 45-1-101; and
1285
(b) all title to property owned by the agency vests in the state.
- 38 - 03-02 12:44 1st Sub. (Green) S.B. 337
1286
(3) The books, documents, records, papers, and seal of each dissolved agency shall be
1287
deposited for safekeeping and reference with the state auditor.
1288
(4) The agency shall pay all expenses of the deactivation and dissolution.
1289
Section 39. Section 17D-4-102 is amended to read:
1290
17D-4-102 (Effective 07/01/25). Definitions.
1291
As used in this chapter:
1292
(1) "Board" means the board of trustees of a public infrastructure district.
1293
(2) "Creating entity" means the county, municipality, or development authority that
1294
approves the creation of a public infrastructure district.
1295
(3) "Development authority" means:
1296
(a) the Utah Inland Port Authority created in Section 11-58-201;
1297
(b) the Point of the Mountain State Land Authority created in Section 11-59-201;
1298
(c) the Utah Fairpark Area Investment and Restoration District created in Section
1299
11-70-201; [or]
1300
(d) the military installation development authority created in Section 63H-1-201[.] ; or
1301
(e) the Beehive Development Agency created in Section 11-71-201.
1302
(4) "District applicant" means the person proposing the creation of a public infrastructure
1303
district.
1304
(5) "Division" means a division of a public infrastructure district:
1305
(a) that is relatively equal in number of eligible voters or potential eligible voters to all
1306
other divisions within the public infrastructure district, taking into account existing or
1307
potential developments which, when completed, would increase or decrease the
1308
population within the public infrastructure district; and
1309
(b) which a member of the board represents.
1310
(6) "Governing document" means the document governing a public infrastructure district to
1311
which the creating entity agrees before the creation of the public infrastructure district,
1312
as amended from time to time, and subject to the limitations of Title 17B, Chapter 1,
1313
Provisions Applicable to All Special Districts, and this chapter.
1314
(7)(a) "Limited tax bond" means a bond:
1315
(i) that is directly payable from and secured by ad valorem property taxes that are
1316
levied:
1317
(A) by a public infrastructure district that issues the bond; and
1318
(B) on taxable property within the district;
1319
(ii) that is a general obligation of the public infrastructure district; and
- 39 - 1st Sub. (Green) S.B. 337 03-02 12:44
1320
(iii) for which the ad valorem property tax levy for repayment of the bond does not
1321
exceed the property tax levy rate limit established under Section 17D-4-303 for
1322
any fiscal year, except as provided in Subsection 17D-4-301(8).
1323
(b) "Limited tax bond" does not include:
1324
(i) a short-term bond;
1325
(ii) a tax and revenue anticipation bond; or
1326
(iii) a special assessment bond.
1327
(8) "Public infrastructure and improvements" means:
1328
(a) the same as that term is defined in Section 11-58-102, for a public infrastructure
1329
district created by the Utah Inland Port Authority created in Section 11-58-201;
1330
(b) the same as that term is defined in Section 11-70-101, for a public infrastructure
1331
district created by the Utah Fairpark Area Investment and Restoration District created
1332
in Section 11-70-201; [and]
1333
(c) the same as that term is defined in Section 63H-1-102, for a public infrastructure
1334
district created by the military installation development authority created in Section
1335
63H-1-201[.] ; and
1336
(d) the same as that term is defined in Section 11-71-101, for a public infrastructure
1337
district created by the Beehive Development Agency created in Section 11-71-201.
1338
Section 40. Section 35A-8-202 is amended to read:
1339
35A-8-202 (Effective 05/07/25). Powers and duties of division.
1340
(1) The division shall:
1341
(a) assist local governments and citizens in the planning, development, and maintenance
1342
of necessary public infrastructure and services;
1343
(b) cooperate with, and provide technical assistance to, counties, cities, towns, regional
1344
planning commissions, area-wide clearinghouses, zoning commissions, parks or
1345
recreation boards, community development groups, community action agencies, and
1346
other agencies created for the purpose of aiding and encouraging an orderly,
1347
productive, and coordinated development of the state and its political subdivisions;
1348
(c) assist the governor in coordinating the activities of state agencies which have an
1349
impact on the solution of community development problems and the implementation
1350
of community plans;
1351
(d) serve as a clearinghouse for information, data, and other materials which may be
1352
helpful to local governments in discharging their responsibilities and provide
1353
information on available federal and state financial and technical assistance;
- 40 - 03-02 12:44 1st Sub. (Green) S.B. 337
1354
(e) carry out continuing studies and analyses of the problems faced by communities
1355
within the state and develop such recommendations for administrative or legislative
1356
action as appear necessary;
1357
(f) assist in funding affordable housing;
1358
(g) support economic development activities through grants, loans, and direct programs
1359
financial assistance;
1360
(h) certify project funding at the local level in conformance with federal, state, and other
1361
requirements;
1362
(i) utilize the capabilities and facilities of public and private universities and colleges
1363
within the state in carrying out its functions; [and]
1364
(j) assist and support local governments, community action agencies, and citizens in the
1365
planning, development, and maintenance of home weatherization, energy efficiency,
1366
and antipoverty activities[.] ;
1367
(k) coordinate with the commissioner of the Governor's Office of Economic Opportunity
1368
in pursuing statewide objectives for housing; and
1369
(l) assist the commissioner of the Governor's Office of Economic Opportunity in
1370
fulfilling the duties described in Section 63N-1a-303.2.
1371
(2) The division may:
1372
(a) by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds
1373
Procedures Act, seek federal grants, loans, or participation in federal programs;
1374
(b) if any federal program requires the expenditure of state funds as a condition to
1375
participation by the state in any fund, property, or service, with the governor's
1376
approval, expend whatever funds are necessary out of the money provided by the
1377
Legislature for the use of the department;
1378
(c) in accordance with Part 9, Domestic Violence Shelters, assist in developing,
1379
constructing, and improving shelters for victims of domestic violence, as described in
1380
Section 77-36-1, through loans and grants to nonprofit and governmental entities; and
1381
(d) assist, when requested by a county or municipality, in the development of accessible
1382
housing.
1383
Section 41. Section 59-12-352 is amended to read:
1384
59-12-352 (Effective 01/01/26). Transient room tax authority for municipalities
1385
and certain authorities -- Purposes for which revenues may be used.
1386
(1)(a) Except as provided in Subsection (5), the governing body of a municipality may
1387
impose a tax of not to exceed 1% on charges for the accommodations and services
- 41 - 1st Sub. (Green) S.B. 337 03-02 12:44
1388
described in Subsection 59-12-103(1)(i).
1389
(b) Subject to Section 63H-1-203, the military installation development authority created
1390
in Section 63H-1-201 may impose a tax under this section for accommodations and
1391
services described in Subsection 59-12-103(1)(i) within a project area described in a
1392
project area plan adopted by the authority under Title 63H, Chapter 1, Military
1393
Installation Development Authority Act, as though the authority were a municipality.
1394
(c) Beginning October 1, 2024, the Utah Fairpark Area Investment and Restoration
1395
District, created in Section 11-70-201, may impose a tax under this section for
1396
accommodations and services described in Subsection 59-12-103(1)(i) within the
1397
district sales tax area, as defined in Section 11-70-101, to the same extent and in the
1398
same manner as a municipality may impose a tax under this section.
1399
(d) Beginning January 1, 2026, the Beehive Development Agency may impose a tax
1400
under this section for accommodations and services described in Subsection
1401
59-12-103(1)(i) within a project area established by the Beehive Development
1402
Agency Board:
1403
(i) to the same extent and in the same manner as a municipality may impose a tax
1404
under this section; and
1405
(ii) as described in Subsection (7).
1406
(2) Subject to the limitations of Subsection (1), a governing body of a municipality may, by
1407
ordinance, increase or decrease the tax under this part.
1408
(3) A governing body of a municipality shall regulate the tax under this part by ordinance.
1409
(4) A municipality may use revenues generated by the tax under this part for general fund
1410
purposes.
1411
(5)(a) A municipality may not impose a tax under this section for accommodations and
1412
services described in Subsection 59-12-103(1)(i) within a project area described in a
1413
project area plan adopted by[ ]:
1414
(i) the military installation development authority under Title 63H, Chapter 1,
1415
Military Installation Development Authority Act; [or]
1416
(ii) the Utah Fairpark Area Investment and Restoration District under Title 11,
1417
Chapter 70, Utah Fairpark Area Investment and Restoration District[.] ; or
1418
(iii) the Beehive Development Agency created in Section 11-71-201.
1419
(b) Subsection (5)(a) does not apply to the military installation development authority's
1420
imposition of a tax under this section.
1421
(6)(a) As used in this Subsection (6):
- 42 - 03-02 12:44 1st Sub. (Green) S.B. 337
1422
(i) "Authority" means the Point of the Mountain State Land Authority, created in
1423
Section 11-59-201.
1424
(ii) "Authority board" means the board referred to in Section 11-59-301.
1425
(b) The authority may, by a resolution adopted by the authority board, impose a tax of
1426
not to exceed 5% on charges for the accommodations and services described in
1427
Subsection 59-12-103(1)(i) for transactions that occur on point of the mountain state
1428
land, as defined in Section 11-59-102.
1429
(c) The authority board, by resolution, shall regulate the tax under this Subsection (6).
1430
(d) The authority shall use all revenue from a tax imposed under this Subsection (6) to
1431
provide affordable housing, consistent with the manner that a community
1432
reinvestment agency uses funds for income targeted housing under Section 17C-1-412.
1433
(e) A tax under this Subsection (6) is in addition to any other tax that may be imposed
1434
under this part.
1435
(7)(a) The Beehive Development Agency Board may impose a tax of not to exceed 5%
1436
on charges for the accommodations and services described in Subsection
1437
59-12-103(1)(i) for transactions that occur within a project area.
1438
(b) Revenue generated by a tax imposed under this Subsection (7):
1439
(i) shall be distributed to the Beehive Development Agency; and
1440
(ii) constitutes project area funds, to be managed and expended as described in
1441
Section 11-71-501.
1442
(c) A tax under this Subsection (7) is in addition to any other tax that may be imposed
1443
under this part.
1444
Section 42. Section 59-12-354 is amended to read:
1445
59-12-354 (Effective 01/01/26). Collection of tax -- Administrative charge.
1446
(1) Except as provided in Subsections (2) and (3), the tax authorized under this part shall be
1447
administered, collected, and enforced in accordance with:
1448
(a) the same procedures used to administer, collect, and enforce the tax under:
1449
(i) Part 1, Tax Collection; or
1450
(ii) Part 2, Local Sales and Use Tax Act; and
1451
(b) Chapter 1, General Taxation Policies.
1452
(2)(a) The location of a transaction shall be determined in accordance with Sections
1453
59-12-211 through 59-12-215.
1454
(b) Except as provided in Subsection (2)(c), the commission shall distribute the revenue
1455
collected from the tax to:
- 43 - 1st Sub. (Green) S.B. 337 03-02 12:44
1456
(i)(A) the municipality within which the revenue was collected, for a tax imposed
1457
under this part by a municipality; or
1458
(B) the Utah Fairpark Area Investment and Restoration District, for a tax imposed
1459
under this part by the Utah Fairpark Area Investment and Restoration District; [
1460
and]
1461
(ii) the Point of the Mountain State Land Authority, for a tax imposed under
1462
Subsection 59-12-352(6)[.] ; and
1463
(iii) the Beehive Development Agency, for a tax imposed under Subsection
1464
59-12-352(7).
1465
(c) The commission shall retain and deposit an administrative charge in accordance with
1466
Section 59-1-306 from the revenue the commission collects from a tax under this part.
1467
(3) A tax under this part is not subject to Section 59-12-107.1 or 59-12-123 or Subsections
1468
59-12-205(2) through (5).
1469
Section 43. Section 59-12-401 is amended to read:
1470
59-12-401 (Effective 01/01/26). Resort communities tax authority for cities,
1471
towns, and certain authorities -- Base -- Rate -- Collection fees.
1472
(1)(a) In addition to other sales and use taxes, a city or town in which the transient room
1473
capacity as defined in Section 59-12-405 is greater than or equal to 66% of the
1474
municipality's permanent census population may impose a sales and use tax of up to
1475
1.1% on the transactions described in Subsection 59-12-103(1) located within the city
1476
or town.
1477
(b) Notwithstanding Subsection (1)(a), a city or town may not impose a tax under this
1478
section on:
1479
(i)(A) the sale of a motor vehicle, an aircraft, a watercraft, a modular home, a
1480
manufactured home, or a mobile home;
1481
(B) the sales and uses described in Section 59-12-104 to the extent the sales and
1482
uses are exempt from taxation under Section 59-12-104; and
1483
(C) except as provided in Subsection (1)(d), amounts paid or charged for food and
1484
food ingredients; [or]
1485
(ii) transactions that occur in the district sales tax area, as defined in Subsection (4), if
1486
the fairpark district, as defined in Subsection (4), has imposed a tax under
1487
Subsection (4); or
1488
(iii) transactions that occur in a project area of the Beehive Development Agency, if
1489
the Beehive Development Agency has imposed a tax under Subsection (5).
- 44 - 03-02 12:44 1st Sub. (Green) S.B. 337
1490
(c) For purposes of this Subsection (1), the location of a transaction shall be determined
1491
in accordance with Sections 59-12-211 through 59-12-215.
1492
(d) A city or town imposing a tax under this section shall impose the tax on the purchase
1493
price or the sales price for amounts paid or charged for food and food ingredients if
1494
the food and food ingredients are sold as part of a bundled transaction attributable to
1495
food and food ingredients and tangible personal property other than food and food
1496
ingredients.
1497
(2)(a) An amount equal to the total of any costs incurred by the state in connection with
1498
the implementation of Subsection (1) which exceed, in any year, the revenues
1499
received by the state from its collection fees received in connection with the
1500
implementation of Subsection (1) shall be paid over to the state General Fund by the
1501
cities and towns which impose the tax provided for in Subsection (1).
1502
(b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among those
1503
cities and towns according to the amount of revenue the respective cities and towns
1504
generate in that year through imposition of that tax.
1505
(3)(a) Subject to Section 63H-1-203, the military installation development authority
1506
created in Section 63H-1-201 may impose a tax under this section on the transactions
1507
described in Subsection 59-12-103(1) located within a project area described in a
1508
project area plan adopted by the authority under Title 63H, Chapter 1, Military
1509
Installation Development Authority Act, as though the authority were a city or a town.
1510
(b) For purposes of calculating the permanent census population within a project area,
1511
the board, as defined in Section 63H-1-102, shall:
1512
(i) use the actual number of permanent residents within the project area as determined
1513
by the board;
1514
(ii) include in the calculation of transient room capacity the number, as determined
1515
by the board, of approved high-occupancy lodging units, recreational lodging
1516
units, special lodging units, and standard lodging units, even if the units are not
1517
constructed;
1518
(iii) adopt a resolution verifying the population number; and
1519
(iv) provide the commission any information required in Section 59-12-405.
1520
(c) Notwithstanding Subsection (1)(a), a board as defined in Section 63H-1-102 may
1521
impose the sales and use tax under this section if there are no permanent residents.
1522
(4)(a) As used in this Subsection (4):
1523
(i) "District sales tax area" means the same as that term is defined in Section
- 45 - 1st Sub. (Green) S.B. 337 03-02 12:44
1524
11-70-101.
1525
(ii) "Fairpark district" means the Utah Fairpark Area Investment and Restoration
1526
District, created in Section 11-70-201.
1527
(iii) "Fairpark district board" means the board of the fairpark district.
1528
(b) The fairpark district, by resolution of the fairpark district board, may impose a tax
1529
under this section, as though the fairpark district were a city or town, on transactions
1530
described in Subsection 59-12-103(1):
1531
(i) located within the district sales tax area; and
1532
(ii) that occur on or after October 1, 2024.
1533
(c) For purposes of calculating the permanent census population within the district sales
1534
tax area, the fairpark district board shall:
1535
(i) use the actual number of permanent residents within the district sales tax area as
1536
determined by the fairpark district board;
1537
(ii) include in the calculation of transient room capacity the number, as determined
1538
by the fairpark district board, of approved high-occupancy lodging units,
1539
recreational lodging units, special lodging units, and standard lodging units, even
1540
if the units are not constructed;
1541
(iii) adopt a resolution verifying the population number; and
1542
(iv) provide the commission any information required in Section 59-12-405.
1543
(d) Notwithstanding Subsection (1)(a), the fairpark district may impose the sales and use
1544
tax under this section if there are no permanent residents within the district sales tax
1545
area.
1546
(5) Beginning January 1, 2026, the Beehive Development Agency may impose a tax under
1547
this section as though the Beehive Development Agency were a city or town in which
1548
the transient room capacity as defined in Section 59-12-405 is greater than or equal to
1549
66% of the municipality's permanent census population on the transactions described in
1550
Subsection 59-12-103(1) located within the sales and use tax boundary for the project
1551
area.
1552
Section 44. Section 59-12-402 is amended to read:
1553
59-12-402 (Effective 01/01/26). Additional resort communities sales and use tax
1554
-- Base -- Rate -- Collection fees -- Resolution and voter approval requirements --
1555
Election requirements -- Notice requirements -- Ordinance requirements -- Certain
1556
authorities implementing additional resort communities sales and use tax.
1557
(1)(a) Subject to Subsections (2) through (6), the governing body of a municipality in
- 46 - 03-02 12:44 1st Sub. (Green) S.B. 337
1558
which the transient room capacity as defined in Section 59-12-405 is greater than or
1559
equal to 66% of the municipality's permanent census population may, in addition to
1560
the sales tax authorized under Section 59-12-401, impose an additional resort
1561
communities sales tax in an amount that is less than or equal to .5% on the
1562
transactions described in Subsection 59-12-103(1) located within the municipality.
1563
(b) Notwithstanding Subsection (1)(a), the governing body of a municipality may not
1564
impose a tax under this section on:
1565
(i)(A) the sale of a motor vehicle, an aircraft, a watercraft, a modular home, a
1566
manufactured home, or a mobile home;
1567
(B) the sales and uses described in Section 59-12-104 to the extent the sales and
1568
uses are exempt from taxation under Section 59-12-104; and
1569
(C) except as provided in Subsection (1)(d), amounts paid or charged for food and
1570
food ingredients; [or]
1571
(ii) transactions that occur in the district sales tax area, as defined in Subsection
1572
59-12-401(4), if the Utah Fairpark Area Investment and Restoration District,
1573
created in Section 11-70-201, has imposed a tax under Subsection (8)[.] ; or
1574
(iii) transactions that occur within the sales and use tax boundary of a project area
1575
established by the Beehive Development Agency, if the Beehive Development
1576
Agency, created in Section 11-71-201, has imposed a tax under Subsection (9).
1577
(c) For purposes of this Subsection (1), the location of a transaction shall be determined
1578
in accordance with Sections 59-12-211 through 59-12-215.
1579
(d) A municipality imposing a tax under this section shall impose the tax on the
1580
purchase price or sales price for amounts paid or charged for food and food
1581
ingredients if the food and food ingredients are sold as part of a bundled transaction
1582
attributable to food and food ingredients and tangible personal property other than
1583
food and food ingredients.
1584
(2)(a) An amount equal to the total of any costs incurred by the state in connection with
1585
the implementation of Subsection (1) which exceed, in any year, the revenues
1586
received by the state from its collection fees received in connection with the
1587
implementation of Subsection (1) shall be paid over to the state General Fund by the
1588
cities and towns which impose the tax provided for in Subsection (1).
1589
(b) Amounts paid under Subsection (2)(a) shall be allocated proportionally among those
1590
cities and towns according to the amount of revenue the respective cities and towns
1591
generate in that year through imposition of that tax.
- 47 - 1st Sub. (Green) S.B. 337 03-02 12:44
1592
(3) To impose an additional resort communities sales tax under this section, the governing
1593
body of the municipality shall:
1594
(a) pass a resolution approving the tax; and
1595
(b) except as provided in Subsection (6), obtain voter approval for the tax as provided in
1596
Subsection (4).
1597
(4) To obtain voter approval for an additional resort communities sales tax under
1598
Subsection (3)(b), a municipality shall:
1599
(a) hold the additional resort communities sales tax election during:
1600
(i) a regular general election; or
1601
(ii) a municipal general election; and
1602
(b) post notice of the election for the municipality, as a class A notice under Section
1603
63G-30-102, for at least 15 days before the day on which the election is held.
1604
(5) An ordinance approving an additional resort communities sales tax under this section
1605
shall provide an effective date for the tax as provided in Section 59-12-403.
1606
(6)(a) Except as provided in Subsection (6)(b), a municipality is not subject to the voter
1607
approval requirements of Subsection (3)(b) if, on or before January 1, 1996, the
1608
municipality imposed a license fee or tax on businesses based on gross receipts
1609
pursuant to Section 10-1-203.
1610
(b) The exception from the voter approval requirements in Subsection (6)(a) does not
1611
apply to a municipality that, on or before January 1, 1996, imposed a license fee or
1612
tax on only one class of businesses based on gross receipts pursuant to Section
1613
10-1-203.
1614
(7) Subject to Subsection 63H-1-203(1), a military installation development authority
1615
authorized to impose a resort communities tax under Section 59-12-401 may impose an
1616
additional resort communities sales tax under this section.
1617
(8) The Utah Fairpark Area Investment and Restoration District, created in Section
1618
11-70-201, may impose an additional resort communities tax under this section on
1619
transactions that occur:
1620
(a) within the district sales tax area, as defined in Subsection 59-12-401(4); and
1621
(b) that occur on or after October 1, 2024.
1622
(9) On or after January 1, 2026, the Beehive Development Agency may impose an
1623
additional resort communities tax under this section on transactions that occur within the
1624
project area sales and use tax boundary, as defined in Section 11-71-101, as if the
1625
Beehive Development Agency was a municipality.
- 48 - 03-02 12:44 1st Sub. (Green) S.B. 337
1626
Section 45. Section 63A-3-401.5 is amended to read:
1627
63A-3-401.5 (Effective 07/01/25). Definitions.
1628
As used in this part:
1629
(1) "Beehive development fund" means the infrastructure fund created in Subsection
1630
63A-3-402(1)(e).
1631
(2) "Borrower" means a person who borrows money from an infrastructure fund for an
1632
infrastructure project.
1633
[(2)] (3) "Fairpark district development fund" means the infrastructure fund created in
1634
Subsection 63A-3-402(1)(c).
1635
[(3)] (4) "Independent political subdivision" means:
1636
(a) the Utah Inland Port Authority created in Section 11-58-201;
1637
(b) the Point of the Mountain State Land Authority created in Section 11-59-201;
1638
(c) the Utah Fairpark Area Investment and Restoration District created in Section
1639
11-70-201; or
1640
(d) the Military Installation Development Authority created in Section 63H-1-201.
1641
[(4)] (5) "Infrastructure fund" means a fund created in Subsection 63A-3-402(1).
1642
[(5)] (6) "Infrastructure loan" means a loan of infrastructure fund money to finance an
1643
infrastructure project.
1644
[(6)] (7) "Infrastructure project" means a project to acquire, construct, reconstruct,
1645
rehabilitate, equip, or improve public infrastructure and improvements:
1646
(a) within a project area; or
1647
(b) outside a project area, if the respective loan approval body determines by resolution
1648
that the public infrastructure and improvements are of benefit to the project area.
1649
[(7)] (8) "Inland port" means the same as that term is defined in Section 11-58-102.
1650
[(8)] (9) "Inland port fund" means the infrastructure fund created in Subsection 63A-3-402
1651
(1)(a).
1652
[(9)] (10) "Military development fund" means the infrastructure fund created in Subsection
1653
63A-3-402(1)(d).
1654
[(10)] (11) "Point of the mountain fund" means the infrastructure fund created in Subsection
1655
63A-3-402(1)(b).
1656
[(11)] (12) "Project area" means:
1657
(a) the same as that term is defined in Section 11-58-102, for purposes of an
1658
infrastructure loan from the inland port fund;
1659
(b) the point of the mountain state land, as defined in Section 11-59-102, for purposes of
- 49 - 1st Sub. (Green) S.B. 337 03-02 12:44
1660
an infrastructure loan from the point of the mountain fund;
1661
(c) the same as that term is defined in Section 11-70-101, for purposes of an
1662
infrastructure loan from the fairpark district development fund; [or]
1663
(d) the same as that term is defined in Section 63H-1-102, for purposes of an
1664
infrastructure loan from the military development fund[.] ; or
1665
(e) the same as that term is defined in Section 11-71-101, for purposes of an
1666
infrastructure loan from the beehive development fund.
1667
[(12)] (13) "Property tax revenue" means:
1668
(a) property tax differential, as defined in Section 11-58-102, for purposes of an
1669
infrastructure loan from the inland port fund;
1670
(b) enhanced property tax revenue, as defined in Section 11-70-101, for purposes of an
1671
infrastructure loan from the fairpark district development fund; [or]
1672
(c) property tax allocation, as defined in Section 63H-1-102, for purposes of an
1673
infrastructure loan from the military development fund[.] ; or
1674
(d) property tax differential, as defined in Section 11-71-101, for purposes of an
1675
infrastructure loan from the beehive development fund.
1676
[(13)] (14) "Public infrastructure and improvements" means:
1677
(a) the same as that term is defined in Section 11-58-102, for purposes of an
1678
infrastructure loan from the inland port fund;
1679
(b) publicly owned infrastructure and improvements, as defined in Section 11-59-102,
1680
for purposes of an infrastructure loan from the point of the mountain fund;
1681
(c) the same as that term is defined in Section 11-70-101, for purposes of an
1682
infrastructure loan from the fairpark district development fund; [or]
1683
(d) the same as that term is defined in Section 63H-1-102, for purposes of an
1684
infrastructure loan from the military development fund[.] ; or
1685
(e) the same as that term is defined in Section 11-71-101, for purposes of an
1686
infrastructure loan from the beehive development fund.
1687
[(14)] (15) "Respective loan approval body" means:
1688
(a) the board created in Section 11-58-301, for purposes of an infrastructure loan from
1689
the inland port fund;
1690
(b) the board created in Section 11-59-301, for purposes of an infrastructure loan from
1691
the point of the mountain fund;
1692
(c) the board created in Section 11-70-301, for purposes of an infrastructure loan from
1693
the fairpark area development fund; [or]
- 50 - 03-02 12:44 1st Sub. (Green) S.B. 337
1694
(d) the committee created in Section 63H-1-104, for purposes of an infrastructure loan
1695
from the military development fund[.] ; or
1696
(e) the loan committee created in Section 11-71-104, for purposes of an infrastructure
1697
loan from the beehive development fund.
1698
Section 46. Section 63A-3-402 is amended to read:
1699
63A-3-402 (Effective 07/01/25). Infrastructure funds established -- Purpose of
1700
funds -- Use of money in funds.
1701
(1) There are created, as enterprise revolving loan funds:
1702
(a) the inland port infrastructure revolving loan fund;
1703
(b) the point of the mountain infrastructure revolving loan fund;
1704
(c) the fairpark area development revolving loan fund; [and]
1705
(d) the military development infrastructure revolving loan fund[.] ; and
1706
(e) the beehive development infrastructure revolving loan fund.
1707
(2) The purpose of each infrastructure fund is to provide funding, through infrastructure
1708
loans, for infrastructure projects undertaken by a borrower.
1709
(3)(a) Money in an infrastructure fund may be used only to provide loans for
1710
infrastructure projects.
1711
(b) The division may not loan money in an infrastructure fund without the approval of:
1712
(i) the respective loan approval body; and
1713
(ii) the Executive Appropriations Committee of the Legislature, for a loan from the
1714
inland port fund, the point of the mountain fund, [or ]the fairpark area
1715
development fund, or the beehive development fund.
1716
Section 47. Section 63C-25-202 is amended to read:
1717
63C-25-202 (Effective 07/01/25). Powers and duties.
1718
(1) The commission shall annually review a report provided in accordance with Section
1719
63B-1-305 or 63B-1a-102.
1720
(2)(a) A loan entity other than a loan entity described in Subsection (2)(b) shall no later
1721
than January 1 of each year submit information on each revolving loan fund from
1722
which the loan entity made a loan in the previous fiscal year, including information
1723
identifying new and ongoing loan recipients, the terms of each loan, loan repayment,
1724
and any other information regarding a revolving loan fund requested by the
1725
commission.
1726
(b) If a loan entity is:
1727
(i) the Utah Inland Port Authority, the loan entity shall submit the information in
- 51 - 1st Sub. (Green) S.B. 337 03-02 12:44
1728
accordance with Section 11-58-106 and any other information regarding a
1729
revolving loan fund requested by the commission;
1730
(ii) the Point of the Mountain State Land Authority, the loan entity shall submit the
1731
information in accordance with Section 11-59-104 and any other information
1732
regarding a revolving loan fund requested by the commission;
1733
(iii) the Utah Fairpark Area Investment and Restoration District, the loan entity shall
1734
submit the information in accordance with Section 11-70-104 and any other
1735
information regarding a revolving loan fund requested by the commission; [or]
1736
(iv) the Military Installation Development Authority, the loan entity shall submit the
1737
information in accordance with Section 63H-1-104 and any other information
1738
regarding a revolving loan fund requested by the commission[.] ; or
1739
(v) the Beehive Development Agency, the loan entity shall submit the information in
1740
accordance with Section 11-71-104 and any other information regarding a
1741
revolving loan fund requested by the commission.
1742
(c) The commission may annually review and provide feedback for the following:
1743
(i) each loan entity for compliance with state law authorizing and regulating the
1744
revolving loan fund, including, as applicable, Title 11, Chapter 14, Local
1745
Government Bonding Act;
1746
(ii) each loan entity's revolving loan fund policies and practices, including policies
1747
and practices for approving and setting the terms of a loan; and
1748
(iii) each borrower of funds from a revolving loan fund for accurate and timely
1749
reporting by the borrower to the appropriate debt repository.
1750
(3)(a) The commission shall review and may approve a bond before a large public transit
1751
district may issue a bond.
1752
(b) The commission may not approve issuance of a bond described in Subsection (3)(a)
1753
unless the execution and terms of the bond comply with state law.
1754
(c) If, after review, the commission approves a bond described in Subsection (3)(a), the
1755
large public transit district:
1756
(i) may not change before issuing the bond the terms of the bond that were reviewed
1757
by the commission if the change is outside the approved parameters and intended
1758
purposes; and
1759
(ii) is under no obligation to issue the bond.
1760
(d) A member of the commission who approves a bond under Subsection (3)(a) or
1761
reviews a parameters resolution under Subsection (4)(a) is not liable personally on
- 52 - 03-02 12:44 1st Sub. (Green) S.B. 337
1762
the bond.
1763
(e) The approval of a bond under Subsection (3)(a) or review under Subsection (4)(a) of
1764
a parameters resolution by the commission:
1765
(i) is not an obligation of the state; and
1766
(ii) is not an act that:
1767
(A) lends the state's credit; or
1768
(B) constitutes indebtedness within the meaning of any constitutional or statutory
1769
debt limitation.
1770
(4)(a) The commission shall review and, at the commission's discretion, may make
1771
recommendations regarding a parameters resolution before:
1772
(i) a bonding political subdivision may issue a bond; or
1773
(ii) a public infrastructure district may issue a bond, if the creating entity of the
1774
public infrastructure district is a bonding political subdivision.
1775
(b) The commission shall conduct the review under Subsection (4)(a) and forward any
1776
recommendations to the bonding political subdivision or public infrastructure district
1777
no later than 45 days after the day on which the commission receives the bonding
1778
political subdivision's or public infrastructure district's parameters resolution.
1779
(c) Notwithstanding Subsection (4)(a), if the commission fails to review a parameters
1780
resolution or forward recommendations, if any, in the timeframe described in
1781
Subsection (4)(b), the bonding political subdivision or public infrastructure district,
1782
respectively, may proceed with the bond without review by the commission.
1783
(d) After review by the commission under Subsection (4)(a), the bonding political
1784
subdivision or public infrastructure district:
1785
(i) shall consider recommendations by the commission; and
1786
(ii) may proceed with the bond but is under no obligation to issue the bond.
1787
(5) The commission shall provide training and other information on debt management,
1788
lending and borrowing best practices, and compliance with state law to the authority, a
1789
bonding political subdivision, a large public transit district, and a loan entity.
1790
(6)(a) Before a bonding government entity may enter into a concessionaire contract, the
1791
commission shall review and approve the concessionaire contract.
1792
(b) If, after review, the commission approves the concessionaire contract, the bonding
1793
government entity:
1794
(i) may not change the terms of the concessionaire contract if the change is outside of:
1795
(A) any applicable approved parameters of the concessionaire contract; or
- 53 - 1st Sub. (Green) S.B. 337 03-02 12:44
1796
(B) the intended purposes of the concessionaire contract; and
1797
(ii) is under no obligation to enter into the concessionaire contract.
1798
Section 48. Section 63H-8-302 is amended to read:
1799
63H-8-302 (Effective 05/07/25). Corporation -- Additional powers.
1800
(1) To accomplish the declared purposes of this chapter, the corporation has the following
1801
powers:
1802
(a) to purchase mortgage loans originated by mortgage lenders or local public bodies
1803
made for the purpose of financing the construction, development, rehabilitation,
1804
refinancing, or purchase of residential housing for low and moderate income persons;
1805
(b) to make mortgage loans and to provide financial assistance to housing sponsors for
1806
the purpose of financing the construction, development, rehabilitation, refinancing, or
1807
purchase of residential housing for low and moderate income persons;
1808
(c) to make mortgage loans and provide financial assistance to housing sponsors for the
1809
purpose of financing the operations of a housing development that are necessary or
1810
desirable to enable the housing development to remain available as residential
1811
housing for low and moderate income persons, whether or not the housing
1812
development has been financed by the corporation;
1813
(d) to provide financial assistance to any housing authority created under Title 35A,
1814
Chapter 8, Part 4, Housing Authorities, which housing authorities may enter into
1815
commitments for and accept loans for a housing project as defined in Section
1816
35A-8-401; and
1817
(e) to make mortgage loans and to provide financial assistance to low and moderate
1818
income persons for the construction, rehabilitation, refinancing, or purchase of
1819
residential housing.
1820
(2) The corporation may issue bonds to purchase loans under Subsection (1)(a) only after a
1821
determination by the corporation that the loans are not otherwise available upon
1822
reasonably equivalent terms and conditions from private lenders.
1823
(3) Loans for owner-occupied housing made under Subsection (1)(a) may not include a
1824
penalty for prepayment.
1825
(4) The corporation shall make rules or adopt policies and procedures to govern the
1826
activities authorized under this section, including:
1827
(a) procedures for the submission of requests or the invitation of proposals for the
1828
purchase and sale of mortgage loans and the making of mortgage loans;
1829
(b) rates, fees, charges, and other terms and conditions of originating or servicing
- 54 - 03-02 12:44 1st Sub. (Green) S.B. 337
1830
mortgage loans in order to protect against a realization of an excessive financial
1831
return or benefit by the originator or servicer;
1832
(c) the type and amount of collateral, payment bonds, performance bonds, or other
1833
security to be provided for construction loans made by the corporation;
1834
(d) the nature and amounts of fees to be charged by the corporation to provide for
1835
expenses and reserves of the corporation;
1836
(e) procedures allowing the corporation to prohibit persons who fail to comply with the
1837
rules of the corporation with respect to the operations of a program of the corporation
1838
from participating, either directly or indirectly, in the programs of the corporation;
1839
(f) the terms and conditions under which the corporation may purchase and make
1840
mortgage loans under each program of the corporation;
1841
(g) the terms and conditions under which the corporation may provide financial
1842
assistance under each program of the corporation;
1843
(h) the terms and conditions under which the corporation may guarantee mortgage loans
1844
under each program of the corporation; and
1845
(i) any other matters related to the duties or exercise of powers under this section.
1846
(5)(a)(i) The trustees of the corporation shall elect the directors, trustees, and
1847
members, if any, of each subsidiary.
1848
(ii) Service by a trustee of the corporation in any of these capacities does not
1849
constitute a conflict of interest for any purpose.
1850
(iii) The corporation may delegate any of its powers and duties under this chapter to
1851
any subsidiary.
1852
(iv) Subsidiaries shall constitute legal entities separate and distinct from each other,
1853
the corporation, and the state.
1854
(b) A note, bond, and other obligation of a subsidiary shall contain on its face a
1855
statement to the effect that:
1856
(i) the subsidiary is obligated to pay the note, bond, or other obligation solely from
1857
the revenues or other funds of the subsidiary;
1858
(ii) neither the corporation, nor the state, nor any of its political subdivisions is
1859
obligated to pay the note, bond, or other obligation; and
1860
(iii) neither the faith and credit nor the taxing power of the state or its political
1861
subdivisions is pledged to the payment of principal, the redemption price of, or the
1862
interest on, the note, bond, or other obligation.
1863
(c) Upon dissolution of a subsidiary of the corporation, any assets shall revert to the
- 55 - 1st Sub. (Green) S.B. 337 03-02 12:44
1864
corporation or to a successor to the corporation or, failing this succession, to the state.
1865
(6)(a) The corporation may, with the approval of the state treasurer:
1866
(i) enter into interest rate contracts that its trustees determine are necessary,
1867
convenient, or appropriate for the control or management of debt or for the cost of
1868
servicing debt; and
1869
(ii) use corporation funds to satisfy its payment obligations under those contracts.
1870
(b) An interest rate contract may contain payment, security, default, termination,
1871
remedy, and other terms and conditions that the trustees consider appropriate.
1872
(c) An interest rate contract and funds used in connection with an interest rate contract
1873
may not be considered a deposit or investment.
1874
(7) The corporation shall coordinate with the commissioner of the Governor's Office of
1875
Economic Opportunity in fulfilling the corporation's duties.
1876
Section 49. Section 63I-1-263 is amended to read:
1877
63I-1-263 (Effective 05/07/25). Repeal dates: Titles 63A to 63O.
1878
(1) Subsection 63A-5b-405(5), regarding prioritizing and allocating capital improvement
1879
funding, is repealed July 1, 2024.
1880
(2) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1,
1881
2028.
1882
(3) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1, 2025.
1883
(4) Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed
1884
December 31, 2026.
1885
(5) Title 63C, Chapter 23, Education and Mental Health Coordinating Committee, is
1886
repealed December 31, 2024.
1887
(6) Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027.
1888
(7) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1889
(8) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
1890
(9) Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July
1891
1, 2028.
1892
(10) Section 63G-6a-805, Purchase from community rehabilitation programs, is repealed
1893
July 1, 2026.
1894
(11) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028.
1895
(12) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
1896
2029.
1897
[(13) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.]
- 56 - 03-02 12:44 1st Sub. (Green) S.B. 337
1898
[(14)] (13) Subsection 63J-1-602.2(16), related to the Communication Habits to reduce
1899
Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029.
1900
[(15)] (14) Subsection 63J-1-602.2(26), regarding the Utah Seismic Safety Commission, is
1901
repealed January 1, 2025.
1902
[(16)] (15) Section 63L-11-204, Canyon resource management plan, is repealed July 1, 2025.
1903
[(17)] (16) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee,
1904
is repealed July 1, 2027.
1905
[(18)] (17) Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is
1906
repealed July 1, 2027.
1907
[(19)] (18) Section 63M-7-902, Creation -- Membership -- Terms -- Vacancies -- Expenses,
1908
is repealed July 1, 2029.
1909
[(20)] (19) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
1910
(20) Section 63N-1a-303.2, Coordination of future Office of Housing and Community
1911
Planning, is repealed July 1, 2026.
1912
(21) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed
1913
January 1, 2030.
1914
(22) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1915
(23) Subsection 63N-2-511(1)(b), regarding the Board of Tourism Development, is
1916
repealed July 1, 2025.
1917
(24) Section 63N-2-512, Hotel Impact Mitigation Fund, is repealed July 1, 2028.
1918
(25) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed July
1919
1, 2027.
1920
(26) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
1921
repealed July 1, 2025.
1922
(27) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed July
1923
1, 2028.
1924
(28) Section 63N-4-804, which creates the Rural Opportunity Advisory Committee, is
1925
repealed July 1, 2027.
1926
(29) Subsection 63N-4-805(5)(b), regarding the Rural Employment Expansion Program, is
1927
repealed July 1, 2028.
1928
(30) Subsection 63N-7-101(1), regarding the Board of Tourism Development, is repealed
1929
July 1, 2025.
1930
(31) Subsection 63N-7-102(3)(c), regarding a requirement for the Utah Office of Tourism
1931
to receive approval from the Board of Tourism Development, is repealed July 1, 2025.
- 57 - 1st Sub. (Green) S.B. 337 03-02 12:44
1932
(32) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1, 2025.
1933
Section 50. Section 63J-1-602.1 is amended to read:
1934
63J-1-602.1 (Effective 07/01/25). List of nonlapsing appropriations from
1935
accounts and funds.
1936
Appropriations made from the following accounts or funds are nonlapsing:
1937
(1) The Native American Repatriation Restricted Account created in Section 9-9-407.
1938
(2) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as
1939
provided under Title 9, Chapter 23, Pete Suazo Utah Athletic Commission Act.
1940
(3) Funds collected for directing and administering the C-PACE district created in Section
1941
11-42a-106.
1942
(4) Money received by the Utah Inland Port Authority, as provided in Section 11-58-105.
1943
(5) The Commerce Electronic Payment Fee Restricted Account created in Section 13-1-17.
1944
(6) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section
1945
19-2a-106.
1946
(7) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
1947
Section 19-5-126.
1948
(8) State funds for matching federal funds in the Children's Health Insurance Program as
1949
provided in Section 26B-3-906.
1950
(9) Funds collected from the program fund for local health department expenses incurred in
1951
responding to a local health emergency under Section 26B-7-111.
1952
(10) The Technology Development Restricted Account created in Section 31A-3-104.
1953
(11) The Criminal Background Check Restricted Account created in Section 31A-3-105.
1954
(12) The Captive Insurance Restricted Account created in Section 31A-3-304, except to the
1955
extent that Section 31A-3-304 makes the money received under that section free revenue.
1956
(13) The Title Licensee Enforcement Restricted Account created in Section 31A-23a-415.
1957
(14) The Health Insurance Actuarial Review Restricted Account created in Section
1958
31A-30-115.
1959
(15) The State Mandated Insurer Payments Restricted Account created in Section
1960
31A-30-118.
1961
(16) The Insurance Fraud Investigation Restricted Account created in Section 31A-31-108.
1962
(17) The Underage Drinking Prevention Media and Education Campaign Restricted
1963
Account created in Section 32B-2-306.
1964
(18) The Drinking While Pregnant Prevention Media and Education Campaign Restricted
1965
Account created in Section 32B-2-308.
- 58 - 03-02 12:44 1st Sub. (Green) S.B. 337
1966
(19) The School Readiness Restricted Account created in Section 35A-15-203.
1967
(20) Money received by the Utah State Office of Rehabilitation for the sale of certain
1968
products or services, as provided in Section 35A-13-202.
1969
(21) The Homeless Shelter Cities Mitigation Restricted Account created in Section
1970
35A-16-402.
1971
(22) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
1972
(23) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1973
(24) The Division of Oil, Gas, and Mining Restricted account created in Section 40-6-23.
1974
(25) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to the
1975
Motor Vehicle Division.
1976
(26) The License Plate Restricted Account created by Section 41-1a-122.
1977
(27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
1978
created by Section 41-3-110 to the State Tax Commission.
1979
(28) The State Disaster Recovery Restricted Account to the Division of Emergency
1980
Management, as provided in Section 53-2a-603.
1981
(29) The Response, Recovery, and Post-disaster Mitigation Restricted Account created in
1982
Section 53-2a-1302.
1983
(30) The Department of Public Safety Restricted Account to the Department of Public
1984
Safety, as provided in Section 53-3-106.
1985
(31) The Utah Highway Patrol Aero Bureau Restricted Account created in Section 53-8-303.
1986
(32) The DNA Specimen Restricted Account created in Section 53-10-407.
1987
(33) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
1988
(34) The Higher Education Capital Projects Fund created in Section 53B-22-202.
1989
(35) A certain portion of money collected for administrative costs under the School
1990
Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1991
(36) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5, subject
1992
to Subsection 54-5-1.5(4)(d).
1993
(37) Funds collected from a surcharge fee to provide certain licensees with access to an
1994
electronic reference library, as provided in Section 58-3a-105.
1995
(38) Certain fines collected by the Division of Professional Licensing for violation of
1996
unlawful or unprofessional conduct that are used for education and enforcement
1997
purposes, as provided in Section 58-17b-505.
1998
(39) Funds collected from a surcharge fee to provide certain licensees with access to an
1999
electronic reference library, as provided in Section 58-22-104.
- 59 - 1st Sub. (Green) S.B. 337 03-02 12:44
2000
(40) Funds collected from a surcharge fee to provide certain licensees with access to an
2001
electronic reference library, as provided in Section 58-55-106.
2002
(41) Funds collected from a surcharge fee to provide certain licensees with access to an
2003
electronic reference library, as provided in Section 58-56-3.5.
2004
(42) Certain fines collected by the Division of Professional Licensing for use in education
2005
and enforcement of the Security Personnel Licensing Act, as provided in Section
2006
58-63-103.
2007
(43) The Relative Value Study Restricted Account created in Section 59-9-105.
2008
(44) The Cigarette Tax Restricted Account created in Section 59-14-204.
2009
(45) Funds paid to the Division of Real Estate for the cost of a criminal background check
2010
for a mortgage loan license, as provided in Section 61-2c-202.
2011
(46) Funds paid to the Division of Real Estate for the cost of a criminal background check
2012
for principal broker, associate broker, and sales agent licenses, as provided in Section
2013
61-2f-204.
2014
(47) Certain funds donated to the Department of Health and Human Services, as provided
2015
in Section 26B-1-202.
2016
(48) Certain funds donated to the Division of Child and Family Services, as provided in
2017
Section 80-2-404.
2018
(49) Funds collected by the Office of Administrative Rules for publishing, as provided in
2019
Section 63G-3-402.
2020
(50) The Immigration Act Restricted Account created in Section 63G-12-103.
2021
(51) Money received by the military installation development authority, as provided in
2022
Section 63H-1-504.
2023
(52) The Unified Statewide 911 Emergency Service Account created in Section 63H-7a-304.
2024
(53) The Utah Statewide Radio System Restricted Account created in Section 63H-7a-403.
2025
(54) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
2026
(55) The Motion Picture Incentive Account created in Section 63N-8-103.
2027
(56) Funds collected by the housing of state probationary inmates or state parole inmates, as
2028
provided in Subsection 64-13e-104(2).
2029
(57) Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and
2030
State Lands, as provided in Section 65A-8-103.
2031
(58) The following funds or accounts created in Section 72-2-124:
2032
(a) Transportation Investment Fund of 2005;
2033
(b) Transit Transportation Investment Fund;
- 60 - 03-02 12:44 1st Sub. (Green) S.B. 337
2034
(c) Cottonwood Canyons Transportation Investment Fund;
2035
(d) Active Transportation Investment Fund; and
2036
(e) Commuter Rail Subaccount.
2037
(59) The Amusement Ride Safety Restricted Account, as provided in Section 72-16-204.
2038
(60) Certain funds received by the Office of the State Engineer for well drilling fines or
2039
bonds, as provided in Section 73-3-25.
2040
(61) The Water Resources Conservation and Development Fund, as provided in Section
2041
73-23-2.
2042
(62) Award money under the State Asset Forfeiture Grant Program, as provided under
2043
Section 77-11b-403.
2044
(63) Funds donated or paid to a juvenile court by private sources, as provided in Subsection
2045
78A-6-203(1)(c).
2046
(64) Fees for certificate of admission created under Section 78A-9-102.
2047
(65) Funds collected for adoption document access as provided in Sections 78B-6-141,
2048
78B-6-144, and 78B-6-144.5.
2049
(66) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah
2050
Indigent Defense Commission.
2051
(67) The Utah Geological Survey Restricted Account created in Section 79-3-403.
2052
(68) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State Park,
2053
and Green River State Park, as provided under Section 79-4-403.
2054
(69) Certain funds received by the Division of State Parks from the sale or disposal of
2055
buffalo, as provided under Section 79-4-1001.
2056
(70) Money received by the Beehive Development Agency, as provided in Section
2057
11-71-103.
2058
Section 51. Section 63N-1a-102 is amended to read:
2059
63N-1a-102 (Effective 05/07/25). Definitions.
2060
As used in this title:
2061
(1) "Baseline jobs" means the number of full-time employee positions that existed within a
2062
business entity in the state before the date on which a project related to the business
2063
entity is approved by the office[ or by the GOEO board].
2064
(2) "Baseline state revenue" means the amount of state tax revenue collected from a
2065
business entity or the employees of a business entity during the year before the date on
2066
which a project related to the business entity is approved by the office[ or by the GOEO
2067
board].
- 61 - 1st Sub. (Green) S.B. 337 03-02 12:44
2068
[(3) "Commission" means the Unified Economic Opportunity Commission created in
2069
Section 63N-1a-201.]
2070
[(4)] (3) "Commissioner" means the commissioner of the Governor's Office of Economic
2071
Opportunity, appointed under Section 63N-1a-302.
2072
(4) "Council" means the Economic Opportunity Coordinating Council created in Section
2073
63N-1a-501.
2074
(5) "Economic opportunity agency" includes:
2075
(a) the Department of Workforce Services;
2076
(b) the Department of Cultural and Community Engagement;
2077
(c) the Department of Commerce;
2078
(d) the Department of Natural Resources;
2079
(e) the Office of Energy Development;
2080
(f) the State Board of Education;
2081
(g) institutions of higher education;
2082
(h) the Utah Multicultural Commission;
2083
(i) the World Trade Center Utah;
2084
(j) local government entities;
2085
(k) associations of governments;
2086
(l) the Utah League of Cities and Towns;
2087
(m) the Utah Association of Counties;
2088
(n) the Economic Development Corporation of Utah;
2089
(o) the Small Business Administration;
2090
(p) chambers of commerce;
2091
(q) industry associations;
2092
(r) small business development centers; and
2093
(s) other entities identified by the [commission or the executive director] commissioner.
2094
[(5) "Executive director" means the executive director of the office.]
2095
(6) "Full-time employee" means an employment position that is filled by an employee who
2096
works at least 30 hours per week and:
2097
(a) may include an employment position filled by more than one employee, if each
2098
employee who works less than 30 hours per week is provided benefits comparable to
2099
a full-time employee; and
2100
(b) may not include an employment position that is shifted from one jurisdiction in the
2101
state to another jurisdiction in the state.
- 62 - 03-02 12:44 1st Sub. (Green) S.B. 337
2102
[(7) "GOEO board" means the Board of Economic Opportunity created in Section
2103
63N-1a-401.]
2104
[(8)] (7) "High paying job" means a newly created full-time employee position where the
2105
aggregate average annual gross wage of the employment position, not including health
2106
care or other paid or unpaid benefits, is:
2107
(a) at least 110% of the average wage of the county in which the employment position
2108
exists; or
2109
(b) for an employment position related to a project described in Chapter 2, Part 1,
2110
Economic Development Tax Increment Financing, and that is located within the
2111
boundary of a county of the third, fourth, fifth, or sixth class, or located within a
2112
municipality in a county of the second class and where the municipality has a
2113
population of 10,000 or less:
2114
(i) at least 100% of the average wage of the county in which the employment position
2115
exists; or
2116
(ii) an amount determined by rule made by the office in accordance with Title 63G,
2117
Chapter 3, Utah Administrative Rulemaking Act, if the office determines the
2118
project is in a county experiencing economic distress.
2119
[(9)] (8)(a) "Incremental job" means a full-time employment position in the state that:
2120
(i) did not exist within a business entity in the state before the beginning of a project
2121
related to the business entity; and
2122
(ii) is created in addition to the number of baseline jobs that existed within a business
2123
entity.
2124
(b) "Incremental job" includes a full-time employment position where the employee is
2125
hired:
2126
(i) directly by a business entity; or
2127
(ii) by a professional employer organization, as defined in Section 31A-40-102, on
2128
behalf of a business entity.
2129
[(10)] (9) "New state revenue" means the state revenue collected from a business entity or a
2130
business entity's employees during a calendar year minus the baseline state revenue
2131
calculation.
2132
[(11)] (10) "Office" or "GOEO" means the Governor's Office of Economic Opportunity.
2133
[(12)] (11) "State revenue" means state tax liability paid by a business entity or a business
2134
entity's employees under any combination of the following provisions:
2135
(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
- 63 - 1st Sub. (Green) S.B. 337 03-02 12:44
2136
(b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
2137
Information;
2138
(c) Title 59, Chapter 10, Part 2, Trusts and Estates;
2139
(d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
2140
(e) Title 59, Chapter 12, Sales and Use Tax Act.
2141
[(13)] (12) "State strategic goals" means the strategic goals listed in Section 63N-1a-103.
2142
[(14)] (13) "Statewide economic development strategy" means the economic development
2143
strategy developed by the commission in accordance with Section 63N-1a-202.
2144
[(15)] (14) "Talent board" means the Talent, Education, and Industry Alignment Board
2145
created in Section 53B-34-102.
2146
[(16)] (15) "Targeted industry" means an industry or group of industries targeted by the [
2147
commission] council under Section [63N-1a-202] 63N-1a-502, for economic
2148
development in the state.
2149
Section 52. Section 63N-1a-301 is amended to read:
2150
63N-1a-301 (Effective 05/07/25). Creation of office -- Responsibilities.
2151
(1) There is created the Governor's Office of Economic Opportunity.
2152
(2) The office is:
2153
(a) responsible for implementing the statewide economic development strategy
2154
developed by the [commission] council; and
2155
(b) the industrial and business promotion authority of the state.
2156
(3) The office shall:
2157
(a) consistent with the statewide economic development strategy, coordinate and align
2158
into a single effort the activities of the economic opportunity agencies in the field of
2159
economic development;
2160
(b) provide support and direction to economic opportunity agencies in establishing
2161
goals, metrics, and activities that align with the statewide economic development
2162
strategy;
2163
(c) administer and coordinate state and federal economic development grant programs;
2164
(d) promote and encourage the economic, commercial, financial, industrial, agricultural,
2165
and civic welfare of the state;
2166
(e) promote and encourage the employment of workers in the state and the purchase of
2167
goods and services produced in the state by local businesses;
2168
(f) act to create, develop, attract, and retain business, industry, and commerce in the state:
2169
(i) in accordance with the statewide economic development plan and [commission]
- 64 - 03-02 12:44 1st Sub. (Green) S.B. 337
2170
council directives; and
2171
(ii) subject to the restrictions in Section 11-41-103;
2172
(g) act to enhance the state's economy;
2173
(h) act to assist strategic industries that are likely to drive future economic growth;
2174
(i) assist communities in the state in developing economic development capacity and
2175
coordination with other communities;
2176
(j) identify areas of education and workforce development in the state that can be
2177
improved to support economic and business development;
2178
(k) consistent with direction from the [commission] council, develop core strategic
2179
priorities for the office, which may include:
2180
(i) enhancing statewide access to entrepreneurship opportunities and small business
2181
support;
2182
(ii) focusing industry recruitment and expansion of targeted industries;
2183
(iii) ensuring that in awarding competitive economic development incentives the
2184
office accurately measures the benefits and costs of the incentives; and
2185
(iv) assisting communities with technical support to aid those communities in
2186
improving economic development opportunities;
2187
(l) submit an annual written report as described in Section 63N-1a-306; and
2188
(m) perform other duties as provided by the Legislature.
2189
(4) To perform the office's duties under this title, the office may:
2190
(a) enter into a contract or agreement with, or make a grant to, a public or private entity,
2191
including a municipality, if the contract or agreement is not in violation of state
2192
statute or other applicable law;
2193
(b) except as provided in Subsection (4)(c), receive and expend funds from a public or
2194
private source for any lawful purpose that is in the state's best interest; and
2195
(c) solicit and accept a contribution of money, services, or facilities from a public or
2196
private donor, but may not use the contribution for publicizing the exclusive interest
2197
of the donor.
2198
(5) Money received under Subsection (4)(c) shall be deposited into the General Fund as
2199
dedicated credits of the office.
2200
(6)(a) The office shall[:]
2201
[(i) obtain the advice of the GOEO board before implementing a change to a policy,
2202
priority, or objective under which the office operates; and]
2203
[(ii)] provide periodic updates to the [commission] council regarding the office's
- 65 - 1st Sub. (Green) S.B. 337 03-02 12:44
2204
efforts under Subsections (3)(a) and (b).
2205
(b) Subsection (6)(a)(i) does not apply to the routine administration by the office of
2206
money or services related to the assistance, retention, or recruitment of business,
2207
industry, or commerce in the state.
2208
Section 53. Section 63N-1a-302 is amended to read:
2209
63N-1a-302 (Effective 05/07/25). Commissioner of office -- Appointment --
2210
Removal -- Compensation.
2211
(1) The office shall be administered, organized, and managed by [an executive director] a
2212
commissioner appointed by the governor, with the advice and consent of the Senate.
2213
(2) The [executive director] commissioner serves at the pleasure of the governor.
2214
(3)(a) The salary of the commissioner shall be determined by the governor,
2215
commensurate with the salaries of the executive directors of the Military Installation
2216
Development Authority, the Point of the Mountain State Land Authority, and the
2217
Utah Inland Port Authority.
2218
[(3) The salary of the executive director shall be established by the governor within the
2219
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.]
2220
Section 54. Section 63N-1a-303 is amended to read:
2221
63N-1a-303 (Effective 05/07/25). Powers and duties of commissioner.
2222
(1) Unless otherwise expressly provided by statute, the [executive director] commissioner
2223
may organize the office in any appropriate manner, including the appointment of deputy
2224
directors of the office.
2225
(2) The [executive director] commissioner may consolidate personnel and service functions
2226
for efficiency and economy in the office.
2227
(3) The [executive director] commissioner, with the approval of the governor:
2228
(a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
2229
Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
2230
(b) may enter into a lawful contract or agreement with another state, a chamber of
2231
commerce organization, a service club, or a private entity; and
2232
(c) shall annually prepare and submit to the governor a budget of the office's financial
2233
requirements.
2234
(4) With the governor's approval, if a federal program requires the expenditure of state
2235
funds as a condition for the state to participate in a fund, property, or service, the [
2236
executive director] commissioner may expend necessary funds from money provided by
2237
the Legislature for the use of the office.
- 66 - 03-02 12:44 1st Sub. (Green) S.B. 337
2238
(5) The [executive director] commissioner shall coordinate with the executive directors of
2239
the Department of Workforce Services and the Governor's Office of Planning and
2240
Budget to review data and metrics to be reported to the Legislature as described in
2241
Subsection 63N-1a-306(2)(b).
2242
(6) The commissioner shall:
2243
(a) receive guidance from the council regarding statewide strategic objectives;
2244
(b) establish strategies for and actively recruit targeted industries identified by the
2245
council;
2246
(c) encourage a business to permanently relocate to, or significantly expand operations
2247
in, the state;
2248
(d) establish strategies for and actively support entrepreneurship and small business
2249
development;
2250
(e) coordinate with the office, state, and the following authorities on economic
2251
development activities:
2252
(i) the Military Installation Development Authority created in Section 63H-1-201;
2253
(ii) the Utah Inland Port Authority created in Section 11-58-201;
2254
(iii) the Point of the Mountain State Land Authority created in Section 11-59-201;
2255
(iv) the Utah Lake Authority created in Section 11-65-201;
2256
(v) the State Fair Park Authority created in Section 11-68-201;
2257
(vi) the Utah Fairpark Area Investment and Restoration District created in Section
2258
11-70-201; or
2259
(vii) the Beehive Development Agency created in Section 11-71-201;
2260
(f) develop proposals for significant community impact projects for consideration by the
2261
Beehive Development Agency established in Title 11, Chapter 71, Beehive
2262
Development Agency Act;
2263
(g) consider any targeted industries identified by the council;
2264
(h) consider areas of the state for targeted economic development, including housing
2265
development, as identified by the council;
2266
(i) match areas of the state for targeted economic development, including housing
2267
development, with targeted industries or businesses encouraged to permanently
2268
relocate to, or significantly expand operations in, the state;
2269
(j) ensure the office's efforts are, to the extent practicable, data-driven, evidence-based,
2270
and focused on developing human capital, physical capital, and innovation; and
2271
(k) support an integrated international trade strategy for the state.
- 67 - 1st Sub. (Green) S.B. 337 03-02 12:44
2272
(7) Nothing in Subsection (6) shall be construed to give the commissioner authority over
2273
the entities described in Subsection (6)(e).
2274
(8) The commissioner shall comply with the disclosure requirements of Section 11-71-304.
2275
(9) In addition to any reports required in this chapter, the commissioner shall, no later than
2276
October 1 of each year, report to the Legislative Management Committee about:
2277
(a) any proposals developed for significant community impact projects;
2278
(b) the progress of adopted significant community impact project areas; and
2279
(c) any potential proposals for significant community impact projects.
2280
[(6)] (10) Unless otherwise provided in this title, the [executive director] commissioner may
2281
make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2282
Act, as necessary for the administration of programs established under state law.
2283
Section 55. Section 63N-1a-303.2 is enacted to read:
2284
63N-1a-303.2 (Effective 05/07/25). Coordination of future Office of Housing.
2285
(1) In addition to the duties described in Section 63N-1a-303, the commissioner shall
2286
coordinate with the following in order to create a plan to consolidate the state housing
2287
components of the Division of Housing and Community Development into the office by
2288
July 1, 2026:
2289
(a) the governor, or the governor's designee;
2290
(b) the president of the Senate, or the president's designee;
2291
(c) the speaker of the House of Representatives, or the speaker's designee;
2292
(d) the executive director of the Department of Workforce Services;
2293
(e) the executive director of the Governor's Office of Planning and Budget; and
2294
(f) the chairs of the Commission on Housing Affordability, created in Section
2295
35A-8-2202.
2296
(2) In coordinating with the individuals and entities described in Subsection (1), the
2297
commissioner shall provide a written report on the plan in Subsection (1), including
2298
recommended statutory changes, by September 1, 2025 to:
2299
(a) the Economic Development and Workforce Services Interim Committee;
2300
(b) the Political Subdivisions Interim Committee;
2301
(c) the Economic and Community Development Appropriations Subcommittee; and
2302
(d) the Governor's Office of Planning and Budget.
2303
(3) The commissioner may hire a director for the Office of Housing and the director may
2304
assist in the process described in Subsections (1) and (2).
2305
Section 56. Section 63N-1a-306 is amended to read:
- 68 - 03-02 12:44 1st Sub. (Green) S.B. 337
2306
63N-1a-306 (Effective 05/07/25). Annual report -- Content -- Format.
2307
(1) The office shall prepare and submit to the governor and the Legislature, by October 1 of
2308
each year, an annual written report of the operations, activities, programs, and services
2309
of the office, including the divisions, sections, boards, commissions, councils, and
2310
committees established under this title, for the preceding fiscal year.
2311
(2) For each operation, activity, program, or service provided by the office, the annual
2312
report shall include:
2313
(a) a description of the operation, activity, program, or service;
2314
(b) data and metrics:
2315
(i) selected and used by the office to measure progress, performance, effectiveness,
2316
and scope of the operation, activity, program, or service, including summary data;
2317
and
2318
(ii) that are consistent and comparable for each state operation, activity, program, or
2319
service that primarily involves employment training or placement as determined
2320
by the [executive directors of the office] commissioner, the executive director of
2321
the Department of Workforce Services, and the executive director of the
2322
Governor's Office of Planning and Budget;
2323
(c) budget data, including the amount and source of funding, expenses, and allocation of
2324
full-time employees for the operation, activity, program, or service;
2325
(d) historical data from previous years for comparison with data reported under
2326
Subsections (2)(b) and (c);
2327
(e) goals, challenges, and achievements related to the operation, activity, program, or
2328
service;
2329
(f) relevant federal and state statutory references and requirements;
2330
(g) contact information of officials knowledgeable and responsible for each operation,
2331
activity, program, or service; and
2332
(h) other information determined by the office that:
2333
(i) may be needed, useful, or of historical significance; or
2334
(ii) promotes accountability and transparency for each operation, activity, program,
2335
or service with the public and elected officials.
2336
(3) The annual report shall be designed to provide clear, accurate, and accessible
2337
information to the public, the governor, and the Legislature.
2338
(4) The office shall:
2339
(a) submit the annual report in accordance with Section 68-3-14;
- 69 - 1st Sub. (Green) S.B. 337 03-02 12:44
2340
(b) make the annual report, and previous annual reports, accessible to the public by
2341
placing a link to the reports on the office's website; and
2342
(c) provide the data and metrics described in Subsection (2)(b) to the talent board.
2343
Section 57. Section 63N-1a-306 is amended to read:
2344
63N-1a-306 (Effective 07/01/25). Annual report -- Content -- Format.
2345
(1) The office shall prepare and submit to the governor and the Legislature, by October 1 of
2346
each year, an annual written report of the operations, activities, programs, and services
2347
of the office, including the divisions, sections, boards, commissions, councils, and
2348
committees established under this title, for the preceding fiscal year.
2349
(2) For each operation, activity, program, or service provided by the office, the annual
2350
report shall include:
2351
(a) a description of the operation, activity, program, or service;
2352
(b) data and metrics:
2353
(i) selected and used by the office to measure progress, performance, effectiveness,
2354
and scope of the operation, activity, program, or service, including summary data;
2355
and
2356
(ii) that are consistent and comparable for each state operation, activity, program, or
2357
service that primarily involves employment training or placement as determined
2358
by the [executive directors] commissioner of the office, the executive director of
2359
Department of Workforce Services, and the executive director of the Governor's
2360
Office of Planning and Budget;
2361
(c) budget data, including the amount and source of funding, expenses, and allocation of
2362
full-time employees for the operation, activity, program, or service;
2363
(d) historical data from previous years for comparison with data reported under
2364
Subsections (2)(b) and (c);
2365
(e) goals, challenges, and achievements related to the operation, activity, program, or
2366
service;
2367
(f) relevant federal and state statutory references and requirements;
2368
(g) contact information of officials knowledgeable and responsible for each operation,
2369
activity, program, or service; and
2370
(h) other information determined by the office that:
2371
(i) may be needed, useful, or of historical significance; or
2372
(ii) promotes accountability and transparency for each operation, activity, program,
2373
or service with the public and elected officials.
- 70 - 03-02 12:44 1st Sub. (Green) S.B. 337
2374
(3) The annual report shall be designed to provide clear, accurate, and accessible
2375
information to the public, the governor, and the Legislature.
2376
(4) The office shall:
2377
(a) submit the annual report in accordance with Section 68-3-14;
2378
(b) make the annual report, and previous annual reports, accessible to the public by
2379
placing a link to the reports on the office's website; and
2380
(c) provide the data and metrics described in Subsection (2)(b) to the talent board.
2381
Section 58. Section 63N-1a-501 is enacted to read:
2382
Part 5. Economic Opportunity Coordinating Council
2383
63N-1a-501 (Effective 05/07/25). Creation of Economic Opportunity
2384
Coordinating Council.
2385
(1) There is created the Economic Opportunity Coordinating Council.
2386
(2) The council consists of:
2387
(a) the governor, or the governor's designee, who shall be the chair of the council;
2388
(b) the president of the Senate or the president's designee;
2389
(c) the speaker of the House of Representatives or the speaker's designee;
2390
(d) the commissioner;
2391
(e) a member appointed by the Military Installation Development Authority board
2392
created in Section 63H-1-301, to represent the interests of the Military Installation
2393
Development Authority;
2394
(f) a member appointed by the Point of the Mountain State Land Authority board created
2395
in Section 11-59-301, to represent the interests of the Point of the Mountain State
2396
Land Authority;
2397
(g) a member appointed by the Utah Inland Port Authority board created in Section
2398
11-58-301, to represent the interests of the Utah Inland Port Authority;
2399
(h) a member appointed by the Utah Fairpark Area Investment and Restoration District
2400
board created in Section 11-70-301, to represent the interests of the Utah Fairpark
2401
Area Investment and Restoration District;
2402
(i) the director of the School and Institutional Trust Lands Administration created in
2403
Section 53C-1-201;
2404
(j) beginning July 1, 2025, a member appointed by the Beehive Development Agency
2405
board, to represent the interests of the Beehive Development Agency;
2406
(k) a member appointed to represent the interests of municipalities, appointed by the
2407
League of Cities and Towns; and
- 71 - 1st Sub. (Green) S.B. 337 03-02 12:44
2408
(l) a member appointed to represent the interests of counties, appointed by the Utah
2409
Association of Counties.
2410
(3)(a) A majority of council members, not including a vacancy, constitutes a quorum for
2411
the purpose of conducting council business.
2412
(b) The action of a majority of a quorum constitutes the action of the council.
2413
(4) The office shall provide office space and administrative staff support for the council.
2414
(5)(a) A council member may not receive compensation or benefits for the member's
2415
service on the council, but may receive per diem and travel expenses in accordance
2416
with:
2417
(i) Sections 63A-3-106 and 63A-3-107; and
2418
(ii) rules made by the Division of Finance in accordance with Sections 63A-3-106
2419
and 63A-3-107.
2420
(b) Compensation and expenses of a council member who is a legislator are governed by
2421
Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
2422
Expenses.
2423
Section 59. Section 63N-1a-502 is enacted to read:
2424
63N-1a-502 (Effective 05/07/25). Coordinating council duties.
2425
(1) The council shall:
2426
(a) establish strategic economic development objectives for the state, including
2427
establishing broad objectives;
2428
(b) provide recommendations to the commissioner regarding efforts to achieve the
2429
strategic economic development objectives;
2430
(c) make recommendations to the Legislature;
2431
(d) unify and coordinate economic development projects that have regional or statewide
2432
impact;
2433
(e) at least once every five years, recommend to the commissioner industries or groups
2434
of industries to target for economic development in the state;
2435
(f) gather input from organizations contributing to economic development in the state,
2436
including economic opportunity agencies; and
2437
(g) receive an annual report from the board.
2438
(2) The council may establish working groups as appropriate to assist and advise the
2439
council.
2440
Section 60. Section 63N-2-103 is amended to read:
2441
63N-2-103 (Effective 05/07/25). Definitions.
- 72 - 03-02 12:44 1st Sub. (Green) S.B. 337
2442
As used in this part:
2443
(1)(a) "Business entity" means a person that enters into a written agreement with the
2444
office to initiate a new commercial project in Utah that will qualify the person to
2445
receive a tax credit under Section 59-7-614.2 or 59-10-1107.
2446
(b) With respect to a tax credit authorized by the office in accordance with Subsection
2447
63N-2-104.3(2), "business entity" includes a nonprofit entity.
2448
(2) "Commercial or industrial zone" means an area zoned agricultural, commercial,
2449
industrial, manufacturing, business park, research park, or other appropriate business
2450
related use in a general plan that contemplates future growth.
2451
(3) "Development zone" means an economic development zone created under Section
2452
63N-2-104.
2453
(4) "Local government entity" means a county, city, or town.
2454
(5) "New commercial project" means an economic development opportunity that:
2455
(a) involves a targeted industry;
2456
(b) is located within:
2457
(i) a county of the third, fourth, fifth, or sixth class; or
2458
(ii) a municipality that has a population of 10,000 or less and the municipality is
2459
located within a county of the second class; or
2460
(c) involves an economic development opportunity that the [commission] office
2461
determines to be eligible for a tax credit under this part.
2462
(6) "Remote work opportunity" means a new commercial project that:
2463
(a) does not require a physical office in the state where employees associated with the
2464
new commercial project are required to work; and
2465
(b) requires employees associated with the new commercial project to:
2466
(i) work remotely from a location within the state; and
2467
(ii) maintain residency in the state.
2468
(7) "Significant capital investment" means an investment in capital or fixed assets, which
2469
may include real property, personal property, and other fixtures related to a new
2470
commercial project that represents an expansion of existing operations in the state or
2471
that increases the business entity's existing workforce in the state.
2472
(8) "Tax credit" means an economic development tax credit created by Section 59-7-614.2
2473
or 59-10-1107.
2474
(9) "Tax credit amount" means the amount the office lists as a tax credit on a tax credit
2475
certificate for a taxable year.
- 73 - 1st Sub. (Green) S.B. 337 03-02 12:44
2476
(10) "Tax credit certificate" means a certificate issued by the office that:
2477
(a) lists the name of the business entity to which the office authorizes a tax credit;
2478
(b) lists the business entity's taxpayer identification number;
2479
(c) lists the amount of tax credit that the office authorizes the business entity for the
2480
taxable year; and
2481
(d) may include other information as determined by the office.
2482
(11) "Written agreement" means a written agreement entered into between the office and a
2483
business entity under Section 63N-2-104.2.
2484
Section 61. Section 63N-2-104.2 is amended to read:
2485
63N-2-104.2 (Effective 05/07/25). Written agreement -- Contents -- Grounds for
2486
amendment or termination.
2487
(1) If the office determines that a business entity is eligible for a tax credit under Section
2488
63N-2-104.1, the office may enter into a written agreement with the business entity that:
2489
(a) establishes performance benchmarks for the business entity to claim a tax credit,
2490
including any minimum wage requirements;
2491
(b) specifies the maximum amount of tax credit that the business entity may be
2492
authorized for a taxable year and over the life of the new commercial project, subject
2493
to the limitations in Section 63N-2-104.3;
2494
(c) establishes the length of time the business entity may claim a tax credit;
2495
(d) requires the business entity to retain records supporting a claim for a tax credit for at
2496
least four years after the business entity claims the tax credit;
2497
(e) requires the business entity to submit to audits for verification of any tax credit
2498
claimed; and
2499
(f) requires the business entity, in order to claim a tax credit, to meet the requirements of
2500
Section 63N-2-105.
2501
(2) In establishing the terms of a written agreement, including the duration and amount of
2502
tax credit that the business entity may be authorized to receive, the office shall:
2503
(a) authorize the tax credit in a manner that provides the most effective incentive for the
2504
new commercial project; and
2505
(b) consider the following factors:
2506
(i) whether the new commercial project provides vital or specialized support to
2507
supply chains;
2508
(ii) whether the new commercial project provides an innovative product, technology,
2509
or service;
- 74 - 03-02 12:44 1st Sub. (Green) S.B. 337
2510
(iii) the number and wages of new incremental jobs associated with the new
2511
commercial project;
2512
(iv) the amount of financial support provided by local government entities for the
2513
new commercial project;
2514
(v) the amount of capital expenditures associated with the new commercial project;
2515
(vi) whether the new commercial project returns jobs transferred overseas;
2516
(vii) the rate of unemployment in the county in which the new commercial project is
2517
located;
2518
(viii) whether the new commercial project creates a remote work opportunity;
2519
(ix) whether the new commercial project is located in a development zone created by
2520
a local government entity as described in Subsection 63N-2-104(2);
2521
(x) whether the business entity commits to hiring Utah workers for the new
2522
commercial project;
2523
(xi) whether the business entity adopts a corporate citizenry plan or supports
2524
initiatives in the state that advance education, gender equality, diversity and
2525
inclusion, work-life balance, environmental or social good, or other similar causes;
2526
(xii) whether the business entity's headquarters are located within the state;
2527
(xiii) the likelihood of other business entities relocating to another state as a result of
2528
the new commercial project;
2529
(xiv) the necessity of the tax credit for the business entity's expansion in the state or
2530
relocation from another state;
2531
(xv) whether the proposed new commercial project might reasonably be expected to
2532
occur in the foreseeable future without the tax credit; and
2533
(xvi) the location and impact of the new commercial project on existing and planned
2534
transportation facilities, existing and planned housing, including affordable
2535
housing, and public infrastructure[; and] .
2536
[(c) consult with the GOEO board.]
2537
(3) In determining the amount of tax credit that a business entity may be authorized to
2538
receive under a written agreement, the office may:
2539
(a) authorize a higher or optimized amount of tax credit for a new commercial project
2540
located within a development zone created by a local government entity as described
2541
in Subsection 63N-2-104(2); and
2542
(b) establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2543
Rulemaking Act, a process by which the office closely approximates the amount of
- 75 - 1st Sub. (Green) S.B. 337 03-02 12:44
2544
taxes the business entity paid under Title 59, Chapter 12, Sales and Use Tax Act, for
2545
a capital project.
2546
(4) If the office identifies any of the following events after entering into a written
2547
agreement with a business entity, the office and the business entity shall amend, or the
2548
office may terminate, the written agreement:
2549
(a) a change in the business entity's organization resulting from a merger with or
2550
acquisition of another entity located in the state;
2551
(b) a material increase in the business entity's retail operations that results in new state
2552
revenue not subject to the incentive; or
2553
(c) an increase in the business entity's operations that:
2554
(i) is outside the scope of the written agreement or outside the boundaries of a
2555
development zone; and
2556
(ii) results in new state revenue not subject to the incentive.
2557
Section 62. Section 63N-2-104.3 is amended to read:
2558
63N-2-104.3 (Effective 05/07/25). Limitations on tax credit amount.
2559
(1) Except as provided in Subsection (2)(a), for a new commercial project that is located
2560
within the boundary of a county of the first or second class, the office may not authorize
2561
a tax credit that exceeds:
2562
(a) 50% of the new state revenues from the new commercial project in any given year;
2563
(b) 30% of the new state revenues from the new commercial project over a period of up
2564
to 20 years; or
2565
(c) 35% of the new state revenues from the new commercial project over a period of up
2566
to 20 years, if:
2567
(i) the new commercial project brings 2,500 or more new incremental jobs to the
2568
state;
2569
(ii) the amount of capital expenditures associated with the new commercial project is
2570
$1,000,000,000 or more; and
2571
(iii) the [commission] council approves the tax credit.
2572
(2) If the office authorizes a tax credit for a new commercial project located within the
2573
boundary of:
2574
(a) a municipality with a population of 10,000 or less located within a county of the
2575
second class and that is experiencing economic hardship as determined by the office,
2576
the office may authorize a tax credit of up to 50% of new state revenues from the new
2577
commercial project over a period of up to 20 years;
- 76 - 03-02 12:44 1st Sub. (Green) S.B. 337
2578
(b) a county of the third class, the office may authorize a tax credit of up to 50% of new
2579
state revenues from the new commercial project over a period of up to 20 years; and
2580
(c) a county of the fourth, fifth, or sixth class, the office may authorize a tax credit of
2581
50% of new state revenues from the new commercial project over a period of up to
2582
20 years.
2583
Section 63. Section 63N-2-504 is amended to read:
2584
63N-2-504 (Effective 05/07/25). Independent review committee.
2585
(1) In accordance with rules adopted by the office under Section 63N-2-509, the [GOEO
2586
board] office shall establish a separate, independent review committee to provide
2587
recommendations to the office regarding the terms and conditions of an agreement and
2588
to consult with the office as provided in this part or in rule.
2589
(2) The review committee shall consist of:
2590
(a) one member appointed by the[ executive director] commissioner to represent the
2591
office;
2592
(b) two members appointed by the mayor or chief executive of the county in which the
2593
qualified hotel is located or proposed to be located;
2594
(c) two members appointed by:
2595
(i) the mayor of the municipality in which the qualified hotel is located or proposed
2596
to be located, if the qualified hotel is located or proposed to be located within the
2597
boundary of a municipality; or
2598
(ii) the mayor or chief executive of the county in which the qualified hotel is located
2599
or proposed to be located, in addition to the two members appointed under
2600
Subsection (2)(b), if the qualified hotel is located or proposed to be located
2601
outside the boundary of a municipality;
2602
(d) an individual representing the hotel industry, appointed by the Utah Hotel and
2603
Lodging Association;
2604
(e) an individual representing the commercial development and construction industry,
2605
appointed by the president or chief executive officer of the local chamber of
2606
commerce; and
2607
(f) an individual representing the convention and meeting planners industry, appointed
2608
by the president or chief executive officer of the local convention and visitors bureau[;
2609
and] .
2610
[(g) one member appointed by the GOEO board.]
2611
(3)(a) A member serves an indeterminate term and may be removed from the review
- 77 - 1st Sub. (Green) S.B. 337 03-02 12:44
2612
committee by the appointing authority at any time.
2613
(b) A vacancy may be filled in the same manner as an appointment under Subsection (2).
2614
(4) A member of the review committee may not be paid for serving on the review
2615
committee and may not receive per diem or expense reimbursement.
2616
(5) The office shall provide any necessary staff support to the review committee.
2617
Section 64. Section 63N-2-808 is amended to read:
2618
63N-2-808 (Effective 05/07/25). Agreements between office and tax credit
2619
applicant and life science establishment -- Tax credit certificate.
2620
(1)(a) The office[, with advice from the GOEO board,] may enter into an agreement to
2621
grant a tax credit certificate to a tax credit applicant selected in accordance with this
2622
part, if the tax credit applicant meets the conditions established in the agreement and
2623
under this part.
2624
(b) The agreement described in Subsection (1)(a) shall:
2625
(i) detail the requirements that the tax credit applicant shall meet prior to receiving a
2626
tax credit certificate;
2627
(ii) require the tax credit certificate recipient to retain records supporting a claim for a
2628
tax credit for at least four years after the tax credit certificate recipient claims a tax
2629
credit under this part; and
2630
(iii) require the tax credit certificate recipient to submit to audits for verification of
2631
the tax credit claimed, including audits by the office and by the State Tax
2632
Commission.
2633
(2)(a) The office[, with advice from the GOEO board,] shall enter into an agreement
2634
with the life science establishment in which the tax credit applicant invested for
2635
purposes of claiming a tax credit.
2636
(b) The agreement described in Subsection (2)(a):
2637
(i) shall provide the office with a document that expressly and directly authorizes the
2638
State Tax Commission to disclose to the office the life science establishment's tax
2639
returns and other information that would otherwise be subject to confidentiality
2640
under Section 59-1-403 or Section 6103, Internal Revenue Code;
2641
(ii) shall authorize the Department of Workforce Services to disclose to the office the
2642
employment data that the life science establishment submits to the Department of
2643
Workforce Services;
2644
(iii) shall require the life science establishment to provide the office with the life
2645
science establishment's current capitalization tables; and
- 78 - 03-02 12:44 1st Sub. (Green) S.B. 337
2646
(iv) may require the life science establishment to provide the office with other data
2647
that:
2648
(A) ensure compliance with the requirements of this chapter; and
2649
(B) demonstrate the economic impact of the tax credit applicant's investment in
2650
the life science establishment.
2651
Section 65. Section 63N-3-102 is amended to read:
2652
63N-3-102 (Effective 07/01/25). Definitions.
2653
As used in this part:
2654
(1) "Administrator" means the [executive director] commissioner or the [executive director's]
2655
commissioner's designee.
2656
(2) "Applicant" means an individual, for profit business entity, nonprofit, corporation,
2657
partnership, unincorporated association, government entity, executive branch department
2658
or division of a department, a political subdivision, a state institution of higher
2659
education, or any other administrative unit of the state.
2660
(3) "Economic opportunities" means business situations or community circumstances which
2661
lend themselves to the furtherance of the economic interests of the state by providing a
2662
catalyst or stimulus to the growth or retention, or both, of commerce and industry in the
2663
state, including retention of companies whose relocation outside the state would have a
2664
significant detrimental economic impact on the state as a whole, regions of the state, or
2665
specific components of the state.
2666
(4) "Restricted Account" means the restricted account known as the Industrial Assistance
2667
Account created in Section 63N-3-103.
2668
(5) "Talent development grant" means a grant awarded under Section 63N-3-112.
2669
Section 66. Section 63N-3-403 is amended to read:
2670
63N-3-403 (Effective 07/01/25). Transient Room Tax Fund -- Source of revenues
2671
-- Interest -- Expenditure or pledge of revenues.
2672
(1) There is created a fiduciary fund held by the state in a purely custodial capacity known
2673
as the Transient Room Tax Fund.
2674
(2)(a) The fund shall be funded by the portion of the sales and use tax described in
2675
Subsection 59-12-301(2).
2676
(b)(i) The fund shall earn interest.
2677
(ii) Any interest earned on fund money shall be deposited into the fund.
2678
(3)(a) Subject to Subsection (3)(b), the [executive director] commissioner shall expend or
2679
pledge the money deposited into the fund:
- 79 - 1st Sub. (Green) S.B. 337 03-02 12:44
2680
(i) to mitigate the impacts of traffic and parking relating to a convention facility
2681
within a county of the first class;
2682
(ii) for a purpose listed in Section 17-31-2, except that any requirements in Section
2683
17-31-2 for the expenditure of money do not apply; or
2684
(iii) for a combination of Subsections (3)(a)(i) and (ii).
2685
(b) The [executive director] commissioner may not expend more than $20,000,000 in
2686
total to mitigate the impacts of traffic and parking relating to a convention facility
2687
within a county of the first class.
2688
Section 67. Section 63N-3-605 is amended to read:
2689
63N-3-605 (Effective 07/01/25). Housing and Transit Reinvestment Zone
2690
Committee -- Creation.
2691
(1) For any housing and transit reinvestment zone proposed under this part, or for a first
2692
home investment zone proposed in accordance with Part 16, First Home Investment
2693
Zone Act, there is created a housing and transit reinvestment zone committee with
2694
membership described in Subsection (2).
2695
(2) Each housing and transit reinvestment zone committee shall consist of the following
2696
members:
2697
(a) one representative from the Governor's Office of Economic Opportunity, designated
2698
by the [executive director of the Governor's Office of Economic Opportunity]
2699
commissioner;
2700
(b) one representative from each municipality that is a party to the proposed housing and
2701
transit reinvestment zone or first home investment zone, designated by the chief
2702
executive officer of each respective municipality;
2703
(c) a member of the Transportation Commission created in Section 72-1-301;
2704
(d) a member of the board of trustees of a large public transit district;
2705
(e) one individual from the Office of the State Treasurer, designated by the state
2706
treasurer;
2707
(f) two members designated by the president of the Senate;
2708
(g) two members designated by the speaker of the House of Representatives;
2709
(h) one member designated by the chief executive officer of each county affected by the
2710
housing and transit reinvestment zone or first home investment zone;
2711
(i) two representatives designated by the school superintendent from the school district
2712
affected by the housing and transit reinvestment zone or first home investment zone;
2713
and
- 80 - 03-02 12:44 1st Sub. (Green) S.B. 337
2714
(j) one representative, representing the largest participating local taxing entity, after the
2715
municipality, county, and school district.
2716
(3) The individual designated by the Governor's Office of Economic Opportunity as
2717
described in Subsection (2)(a) shall serve as chair of the housing and transit
2718
reinvestment zone committee.
2719
(4)(a) A majority of the members of the housing and transit reinvestment zone
2720
committee constitutes a quorum of the housing and transit reinvestment zone
2721
committee.
2722
(b) An action by a majority of a quorum of the housing and transit reinvestment zone
2723
committee is an action of the housing and transit reinvestment zone committee.
2724
(5)(a) After the Governor's Office of Economic Opportunity receives the results of the
2725
analysis described in Section 63N-3-604, and after the Governor's Office of
2726
Economic Opportunity has received a request from the submitting municipality or
2727
public transit county to submit the housing and transit reinvestment zone proposal to
2728
the housing and transit reinvestment zone committee, the Governor's Office of
2729
Economic Opportunity shall notify each of the entities described in Subsection (2) of
2730
the formation of the housing and transit reinvestment zone committee.
2731
(b) For a first home investment zone, the housing and transit reinvestment zone
2732
committee shall follow the procedures described in Section 63N-3-1604.
2733
(6)(a) The chair of the housing and transit reinvestment zone committee shall convene a
2734
public meeting to consider the proposed housing and transit reinvestment zone.
2735
(b) A meeting of the housing and transit reinvestment zone committee is subject to Title
2736
52, Chapter 4, Open and Public Meetings Act.
2737
(7)(a) The proposing municipality or public transit county shall present the housing and
2738
transit reinvestment zone proposal to the housing and transit reinvestment zone
2739
committee in a public meeting.
2740
(b) The housing and transit reinvestment zone committee shall:
2741
(i) evaluate and verify whether the elements of a housing and transit reinvestment
2742
zone described in Subsections 63N-3-603(2) and (4) have been met; and
2743
(ii) evaluate the proposed housing and transit reinvestment zone relative to the
2744
analysis described in Subsection 63N-3-604(2).
2745
(8)(a) Subject to Subsection (8)(b), the housing and transit reinvestment zone committee
2746
may:
2747
(i) request changes to the housing and transit reinvestment zone proposal based on
- 81 - 1st Sub. (Green) S.B. 337 03-02 12:44
2748
the analysis, characteristics, and criteria described in Section 63N-3-604; or
2749
(ii) vote to approve or deny the proposal.
2750
(b) Before the housing and transit reinvestment zone committee may approve the
2751
housing and transit reinvestment zone proposal, the municipality or public transit
2752
county proposing the housing and transit reinvestment zone shall ensure that the area
2753
of the proposed housing and transit reinvestment zone is zoned in such a manner to
2754
accommodate the requirements of a housing and transit reinvestment zone described
2755
in this section and the proposed development.
2756
(9) If a housing and transit reinvestment zone is approved by the committee:
2757
(a) the proposed housing and transit reinvestment zone is established according to the
2758
terms of the housing and transit reinvestment zone proposal;
2759
(b) affected local taxing entities are required to participate according to the terms of the
2760
housing and transit reinvestment zone proposal; and
2761
(c) each affected taxing entity is required to participate at the same rate[ ].
2762
(10) A housing and transit reinvestment zone proposal may be amended by following the
2763
same procedure as approving a housing and transit reinvestment zone proposal.
2764
Section 68. Section 63N-3-801 is amended to read:
2765
63N-3-801 (Effective 07/01/25). Creation and administration.
2766
(1) There is created an enterprise fund known as the "State Small Business Credit Initiative
2767
Program Fund" administered by the office.
2768
(2) The [executive director] commissioner or the [executive director's ] commissioner's
2769
designee is the administrator of the fund.
2770
(3) Revenues deposited into the fund shall consist of:
2771
(a) grants, pay backs, bonuses, entitlements, and other money received from the federal
2772
government to implement the State Small Business Credit Initiative; and
2773
(b) transfers, grants, gifts, bequests, and other money made available from any source to
2774
implement this part.
2775
(4)(a) The state treasurer shall invest the money in the fund according to the procedures
2776
and requirements of Title 51, Chapter 7, State Money Management Act.
2777
(b) Interest and other earnings derived from the fund money shall be deposited in the
2778
fund.
2779
(5) The office may use fund money for administration of the fund.
2780
Section 69. Section 63N-3-1102 is amended to read:
2781
63N-3-1102 (Effective 05/07/25). Manufacturing Modernization Grant Program
- 82 - 03-02 12:44 1st Sub. (Green) S.B. 337
2782
-- Creation -- Purpose -- Requirements -- Rulemaking -- Report.
2783
(1)(a) There is created the Manufacturing Modernization Grant Program to be
2784
administered by the office.
2785
(b) The purpose of the program is to award grants to existing Utah businesses to
2786
establish, relocate, retain, or develop manufacturing industry in the state and lessen
2787
dependence on manufacturing overseas.
2788
(2)(a) An entity that submits a proposal for a grant to the office shall include details in
2789
the proposal regarding:
2790
(i) the entity's plan to use the grant to fulfill the purpose described in Subsection
2791
(1)(b);
2792
(ii) any plan to use funding sources in addition to a grant for the proposal; and
2793
(iii) any existing or planned partnerships between the entity and another individual or
2794
entity to implement the proposal.
2795
(b) In evaluating a proposal for a grant, the office shall consider:
2796
(i) the likelihood the proposal will accomplish the purpose described in Subsection
2797
(1)(b);
2798
(ii) the extent to which any additional funding sources or existing or planned
2799
partnerships will benefit the proposal; and
2800
(iii) the viability and sustainability of the proposal.
2801
(c) In determining a grant award, the office[:]
2802
[(i) may consult with the GOEO board; and]
2803
[(ii)] may prioritize a targeted industry or an entity with fewer than 250 employees.
2804
(3) Before receiving the grant, a grant recipient shall enter into a written agreement with the
2805
office that specifies:
2806
(a) the grant amount;
2807
(b) the time period and structure for distribution of the grant, including any terms and
2808
conditions the recipient is required to meet to receive a distribution; and
2809
(c) the expenses for which the recipient may use the grant, including:
2810
(i) acquisition of manufacturing equipment;
2811
(ii) production, design, or engineering costs;
2812
(iii) specialized employee training;
2813
(iv) technology upgrades; or
2814
(v) provision of a grant to another individual or entity for the expenses described in
2815
Subsections (3)(c)(i) through (iv) or to otherwise fulfill the recipient's proposal.
- 83 - 1st Sub. (Green) S.B. 337 03-02 12:44
2816
(4) Subject to Subsection (2), the office may, in accordance with Title 63G, Chapter 3, Utah
2817
Administrative Rulemaking Act, make rules to establish:
2818
(a) the form and process for submitting a proposal to the office for a grant;
2819
(b) the entities that are eligible to apply for a grant;
2820
(c) the method and formula for determining a grant amount; and
2821
(d) the reporting requirements for a grant recipient.
2822
(5) On or before October 1 of each year, the office shall provide a written report to the
2823
Economic Development and Workforce Services Interim Committee regarding:
2824
(a) each grant awarded; and
2825
(b) the economic impact of each grant.
2826
Section 70. Section 63N-4-104 is amended to read:
2827
63N-4-104 (Effective 07/01/25). Duties.
2828
(1) The Center for Rural Development shall:
2829
(a) work to enhance the capacity of the office to address rural economic development,
2830
planning, and leadership training challenges and opportunities by establishing
2831
partnerships and positive working relationships with appropriate public and private
2832
sector entities, individuals, and institutions;
2833
(b) work with the [GOEO board] office to coordinate and focus available resources in
2834
ways that address the economic development, planning, and leadership training
2835
challenges and priorities in rural Utah;
2836
(c) assist in administering the Rural Opportunity Program created in Section 63N-4-802;
2837
and
2838
(d) in accordance with economic development and planning policies set by state
2839
government, coordinate relations between:
2840
(i) the state;
2841
(ii) rural governments;
2842
(iii) other public and private groups engaged in rural economic planning and
2843
development; and
2844
(iv) federal agencies.
2845
(2) The Center for Rural Development may, in accordance with Title 63G, Chapter 3, Utah
2846
Administrative Rulemaking Act, make rules necessary to carry out its duties.
2847
Section 71. Section 63N-4-105 is amended to read:
2848
63N-4-105 (Effective 07/01/25). Program manager.
2849
(1) The [executive director] commissioner may appoint a director for the Center for Rural
- 84 - 03-02 12:44 1st Sub. (Green) S.B. 337
2850
Development with the approval of the governor.
2851
(2) The director of the Center for Rural Development shall be a person knowledgeable in
2852
the field of rural economic development and planning and experienced in administration.
2853
(3) Upon change of the [executive director] commissioner, the director of the Center for
2854
Rural Development may not be dismissed without cause for at least 180 days.
2855
Section 72. Section 63N-4-504 is amended to read:
2856
63N-4-504 (Effective 07/01/25). Requirements for awarding a working hubs
2857
grant.
2858
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2859
office shall make rules establishing the eligibility and reporting criteria for an entity to
2860
receive a grant under this part, including:
2861
(a) the form and process of submitting an application to the office for a grant;
2862
(b) which entities are eligible to apply for a grant;
2863
(c) the method and formula for determining grant amounts; and
2864
(d) the reporting requirements of grant recipients.
2865
(2) In determining the award of a grant, the office may prioritize projects:
2866
(a) that will serve underprivileged or underserved communities, including communities
2867
with high unemployment or low median incomes;
2868
(b) where an applicant demonstrates comprehensive planning of the project but has
2869
limited access to financial resources, including financial resources from local or
2870
county government; and
2871
(c) that maximize economic development opportunities in collaboration with the
2872
economic development needs or plans of an educational institution, a county, and a
2873
municipality.
2874
(3) Subject to legislative appropriation, a grant may only be awarded by the [executive
2875
director] commissioner.
2876
(4) A grant may only be awarded under this part:
2877
(a) if the grant recipient agrees to provide any combination of funds, land, buildings, or
2878
in-kind work in an amount equal to at least 25% of the grant;
2879
(b) if the grant recipient agrees not to use grant money for the ongoing operation or
2880
maintenance of a coworking and innovation center; and
2881
(c) in an amount no more than $500,000 to a grant applicant.
2882
Section 73. Section 63N-4-804 is amended to read:
2883
63N-4-804 (Effective 07/01/25). Rural Opportunity Advisory Committee.
- 85 - 1st Sub. (Green) S.B. 337 03-02 12:44
2884
(1) There is created within the office the Rural Opportunity Advisory Committee.
2885
(2) The advisory committee shall be composed of seven members appointed by the [
2886
executive director] commissioner, at least five of whom shall reside in a rural county.
2887
(3) The advisory committee shall advise and make recommendations to the office regarding
2888
the awarding of grants and loans under the Rural Opportunity Program.
2889
(4)(a) Subject to Subsection (4)(b), each member of the advisory committee shall be
2890
appointed for a four-year term unless a member is appointed to complete an
2891
unexpired term.
2892
(b) The [executive director] commissioner may adjust the length of term at the time of
2893
appointment or reappointment so that approximately half of the advisory committee
2894
is appointed every two years.
2895
(5) The advisory committee shall annually elect a chair from among the advisory
2896
committee's members.
2897
(6) A majority of the advisory committee constitutes a quorum for the purpose of
2898
conducting advisory committee business and the action of a majority of a quorum
2899
constitutes the action of the advisory committee.
2900
(7) The office shall provide staff support for the advisory committee.
2901
(8) A member may not receive compensation or benefits for the member's service, but may
2902
receive per diem and travel expenses in accordance with:
2903
(a) Section 63A-3-106;
2904
(b) Section 63A-3-107; and
2905
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2906
63A-3-107.
2907
Section 74. Section 63N-7-102 is amended to read:
2908
63N-7-102 (Effective 07/01/25). Utah Office of Tourism created -- Appointment
2909
of managing director -- Responsibilities of tourism office.
2910
(1) There is created within GOEO the Utah Office of Tourism.
2911
(2)(a) The [executive director] commissioner shall appoint a managing director of the
2912
tourism office.
2913
(b) The managing director may, with the approval of the [executive director]
2914
commissioner, appoint staff.
2915
(3) The tourism office shall:
2916
(a) be the tourism development authority of the state;
2917
(b) develop a tourism advertising, marketing, branding, destination development, and
- 86 - 03-02 12:44 1st Sub. (Green) S.B. 337
2918
destination management program for the state;
2919
(c) receive approval from the board under Subsection 63N-7-202(1)(a) before
2920
implementing the program described in Subsection (3)(b);
2921
(d) develop a plan to increase the economic contribution by tourists visiting the state;
2922
(e) plan and conduct a program of information, advertising, and publicity relating to the
2923
recreational, scenic, historic, cultural, and culinary tourist attractions, amenities, and
2924
advantages of the state at large;
2925
(f) encourage and assist in the coordination of the activities of persons, firms,
2926
associations, corporations, travel regions, counties, and governmental agencies
2927
engaged in publicizing, developing, and promoting the tourist attractions, amenities,
2928
and advantages of the state;
2929
(g) conduct a regular and ongoing research program to identify statewide economic
2930
trends and conditions in the tourism sector of the economy; and
2931
(h) ensure that any plan or program developed under this Subsection (3) addresses, but
2932
not be limited to, the following policies:
2933
(i) enhancing the state's image;
2934
(ii) promoting the state as a year-round destination;
2935
(iii) encouraging expenditures by visitors to the state; and
2936
(iv) expanding the markets where the state is promoted.
2937
Section 75. Section 63N-7-103 is amended to read:
2938
63N-7-103 (Effective 07/01/25). Annual report.
2939
The [executive director] commissioner shall include, in the annual written report
2940
described in Section 63N-1a-306, a report from the managing director on the activities of the
2941
tourism office, including information regarding the economic efficiency and results of the
2942
tourism advertising, marketing, branding, destination development, and destination
2943
management program developed under Section 63N-7-102.
2944
Section 76. Section 63N-13-101 is amended to read:
2945
63N-13-101 (Effective 07/01/25). Title -- Projects to assist companies to secure
2946
new business with federal, state, and local governments.
2947
(1) This chapter is known as "Procurement Programs."
2948
(2) The Legislature recognizes that:
2949
(a) many Utah companies provide products and services which are routinely procured by
2950
a myriad of governmental entities at all levels of government, but that attempting to
2951
understand and comply with the numerous certification, registration, proposal, and
- 87 - 1st Sub. (Green) S.B. 337 03-02 12:44
2952
contract requirements associated with government procurement often raises
2953
significant barriers for those companies with no government contracting experience;
2954
(b) the costs associated with obtaining a government contract for products or services
2955
often prevent most small businesses from working in the governmental procurement
2956
market;
2957
(c) currently a majority of federal procurement opportunities are contracted to
2958
businesses located outside of the state;
2959
(d) the office currently administers programs and initiatives that help create and grow
2960
companies in Utah and recruit companies to Utah through the use of state employees,
2961
public-private partnerships, and contractual services; and
2962
(e) there exists a significant opportunity for Utah companies to secure new business with
2963
federal, state, and local governments.
2964
(3) The office, through [its executive director] the commissioner:
2965
(a) shall manage and direct the administration of state and federal programs and
2966
initiatives whose purpose is to procure federal, state, and local governmental
2967
contracts;
2968
(b) may require program accountability measures; and
2969
(c) may receive and distribute legislative appropriations and public and private grants for
2970
projects and programs that:
2971
(i) are focused on growing Utah companies and positively impacting statewide
2972
revenues by helping these companies secure new business with federal, state, and
2973
local governments;
2974
(ii) provide guidance to Utah companies interested in obtaining new business with
2975
federal, state, and local governmental entities;
2976
(iii) would facilitate marketing, business development, and expansion opportunities
2977
for Utah companies in cooperation with the office's APEX accelerator program
2978
and with public, nonprofit, or private sector partners such as local chambers of
2979
commerce, trade associations, or private contractors as determined by the office's
2980
director to successfully match Utah businesses with government procurement
2981
opportunities; and
2982
(iv) may include the following components:
2983
(A) recruitment, individualized consultation, and an introduction to government
2984
contracting;
2985
(B) specialized contractor training for companies located in Utah;
- 88 - 03-02 12:44 1st Sub. (Green) S.B. 337
2986
(C) a Utah contractor matching program for government requirements;
2987
(D) experienced proposal and bid support; and
2988
(E) specialized support services.
2989
(4)(a) The office, through [its executive director] the commissioner, shall make any
2990
distribution referred to in Subsection (3) on a semiannual basis.
2991
(b) A recipient of money distributed under this section shall provide the office with a set
2992
of standard monthly reports, the content of which shall be determined by the office to
2993
include at least the following information:
2994
(i) consultive meetings with Utah companies;
2995
(ii) seminars or training meetings held;
2996
(iii) government contracts awarded to Utah companies;
2997
(iv) increased revenues generated by Utah companies from new government
2998
contracts;
2999
(v) jobs created;
3000
(vi) salary ranges of new jobs; and
3001
(vii) the value of contracts generated.
3002
Section 77. Section 63N-16-102 is amended to read:
3003
63N-16-102 (Effective 07/01/25). Definitions.
3004
As used in this chapter:
3005
(1) "Advisory committee" means the General Regulatory Sandbox Program Advisory
3006
Committee created in Section 63N-16-104.
3007
(2) "Applicable agency" means a department or agency of the state that by law regulates a
3008
business activity and persons engaged in such business activity, including the issuance
3009
of licenses or other types of authorization, which the office determines would otherwise
3010
regulate a sandbox participant.
3011
(3) "Applicant" means a person that applies to participate in the regulatory sandbox.
3012
(4) "Blockchain technology" means the use of a digital database containing records of
3013
financial transactions, which can be simultaneously used and shared within a
3014
decentralized, publicly accessible network and can record transactions between two
3015
parties in a verifiable and permanent way.
3016
(5) "Consumer" means a person that purchases or otherwise enters into a transaction or
3017
agreement to receive an offering pursuant to a demonstration by a sandbox participant.
3018
(6) "Demonstrate" or "demonstration" means to temporarily provide an offering in
3019
accordance with the provisions of the regulatory sandbox program described in this
- 89 - 1st Sub. (Green) S.B. 337 03-02 12:44
3020
chapter.
3021
(7) "Director" means the director of the Utah Office of Regulatory Relief created in Section
3022
63N-16-103.
3023
[(8) "Executive director" means the executive director of the Governor's Office of
3024
Economic Opportunity.]
3025
[(9)] (8) "Financial product or service" means:
3026
(a) a financial product or financial service that requires state licensure or registration; or
3027
(b) a financial product, financial service, or banking business that includes a business
3028
model, delivery mechanism, offering of deposit accounts, or element that may require
3029
a license or other authorization to act as a financial institution, enterprise, or other
3030
entity that is regulated by Title 7, Financial Institutions Act, or other related
3031
provisions.
3032
[(10)] (9) "Health, safety, and financial well-being" includes protecting against physical
3033
injury, property damage, or financial harm.
3034
[(11)] (10) "Innovation" means the use or incorporation of a new or existing idea, a new or
3035
emerging technology, or a new use of existing technology, including blockchain
3036
technology, to address a problem, provide a benefit, or otherwise offer a product,
3037
production method, or service.
3038
[(12)] (11) "Insurance product or service" means an insurance product or insurance service
3039
that requires state licensure, registration, or other authorization as regulated by Title
3040
31A, Insurance Code, including an insurance product or insurance service that includes a
3041
business model, delivery mechanism, or element that requires a license, registration, or
3042
other authorization to do an insurance business, act as an insurance producer or
3043
consultant, or engage in insurance adjusting as regulated by Title 31A, Insurance Code.
3044
[(13)] (12)(a) "Offering" means a product, production method, or service, including a
3045
financial product or service or an insurance product or service, that includes an
3046
innovation.
3047
(b) "Offering" does not include a product, production method, or service that is governed
3048
by Title 61, Chapter 1, Utah Uniform Securities Act.
3049
[(14)] (13) "Product" means a commercially distributed good that is:
3050
(a) tangible personal property;
3051
(b) the result of a production process; and
3052
(c) passed through the distribution channel before consumption.
3053
[(15)] (14) "Production" means the method or process of creating or obtaining a good, which
- 90 - 03-02 12:44 1st Sub. (Green) S.B. 337
3054
may include assembling, breeding, capturing, collecting, extracting, fabricating,
3055
farming, fishing, gathering, growing, harvesting, hunting, manufacturing, mining,
3056
processing, raising, or trapping a good.
3057
[(16)] (15) "Regulatory relief office" means the Utah Office of Regulatory Relief created in
3058
Section 63N-16-103.
3059
[(17)] (16) "Regulatory sandbox" means the General Regulatory Sandbox Program created
3060
in Section 63N-16-201, which allows a person to temporarily demonstrate an offering
3061
under a waiver or suspension of one or more state laws or regulations.
3062
[(18)] (17) "Sandbox participant" means a person whose application to participate in the
3063
regulatory sandbox is approved in accordance with the provisions of this chapter.
3064
[(19)] (18) "Service" means any commercial activity, duty, or labor performed for another
3065
person.
3066
Section 78. Section 63N-16-103 is amended to read:
3067
63N-16-103 (Effective 07/01/25). Creation of regulatory relief office and
3068
appointment of director -- Responsibilities of regulatory relief office.
3069
(1) There is created within the Governor's Office of Economic Opportunity the Utah Office
3070
of Regulatory Relief.
3071
(2)(a) The regulatory relief office shall be administered by a director.
3072
(b) The director shall report to the [executive director] commissioner or the [executive
3073
director's] commissioner's designee and may appoint staff subject to the approval of
3074
the [executive director] commissioner.
3075
(3) The regulatory relief office shall:
3076
(a) administer the provisions of this chapter;
3077
(b) administer the regulatory sandbox program; and
3078
(c) act as a liaison between private businesses and applicable agencies to identify state
3079
laws or regulations that could potentially be waived or suspended under the
3080
regulatory sandbox program, or amended.
3081
(4) The regulatory relief office may:
3082
(a) propose potential reciprocity agreements between states that use or are proposing to
3083
use similar programs to the regulatory sandbox; and
3084
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
3085
the provisions of this chapter, make rules regarding:
3086
(i) administering the regulatory sandbox, including making rules regarding the
3087
application process and the reporting requirements of sandbox participants; and
- 91 - 1st Sub. (Green) S.B. 337 03-02 12:44
3088
(ii) cooperating and consulting with other agencies in the state that administer
3089
sandbox programs.
3090
Section 79. Section 63N-17-201 is amended to read:
3091
63N-17-201 (Effective 07/01/25). Utah Broadband Center -- Creation -- Director
3092
-- Duties.
3093
(1) There is created within the office the Utah Broadband Center.
3094
(2) The [executive director] commissioner shall appoint a director of the broadband center to
3095
oversee the operations of the broadband center.
3096
(3) The broadband center shall:
3097
(a) ensure that publicly funded broadband projects continue to be publicly accessible and
3098
provide a public benefit;
3099
(b) develop the statewide digital connectivity plan described in Section 63N-17-203;
3100
(c) carry out the duties described in Section 63N-17-202;
3101
(d) administer the Broadband Access Grant Program in accordance with Part 3,
3102
Broadband Access Grant Program; and
3103
(e) administer the Broadband Equity Access and Deployment Grant Program in
3104
accordance with Part 4, Broadband Equity Access and Deployment Program.
3105
(f) The broadband center shall ensure efficiency with respect to:
3106
(i) expenditure of funds; and
3107
(ii) avoiding duplication of efforts.
3108
(g) The broadband center shall consider administering broadband infrastructure funds in
3109
a manner that:
3110
(i) efficiently maximizes the leverage of federal funding;
3111
(ii) avoids the use of public funds for broadband facilities that duplicate existing
3112
broadband facilities that already meet or exceed federal standards; and
3113
(iii) accounts for the benefits and costs to the state of existing facilities, equipment,
3114
and services of public and private broadband providers.
3115
Section 80. Section 63N-22-101 is enacted to read:
3116
CHAPTER 22. OFFICE OF HOUSING
3117
63N-22-101 (Effective 07/01/26). Office of Housing.
3118
(1) There is created the Office of Housing.
3119
(2) The commissioner may hire a director of the Office of Housing and Community
3120
Development.
3121
Section 81. Section 67-1-2 is amended to read:
- 92 - 03-02 12:44 1st Sub. (Green) S.B. 337
3122
67-1-2 (Effective 07/01/25). Senate confirmation of gubernatorial nominees --
3123
Verification of nomination requirements -- Consultation on appointments -- Notification
3124
of anticipated vacancies.
3125
(1)(a) Except as provided in Subsection (3), at least 30 days before the day of an
3126
extraordinary session of the Senate to confirm a gubernatorial nominee, the governor
3127
shall send to each member of the Senate and to the Office of Legislative Research
3128
and General Counsel the following information for each nominee:
3129
(i) the nominee's name and biographical information, including a resume and
3130
curriculum vitae with personal contact information, including home address, email
3131
address, and telephone number, redacted, except that the governor shall send to
3132
the Office of Legislative Research and General Counsel the contact information
3133
for the nominee;
3134
(ii) a detailed list, with citations, of the legal requirements for the appointed position;
3135
(iii) a detailed list with supporting documents explaining how, and verifying that, the
3136
nominee meets each statutory and constitutional requirement for the appointed
3137
position;
3138
(iv) a written certification by the governor that the nominee satisfies all requirements
3139
for the appointment; and
3140
(v) public comment information collected in accordance with Section 63G-24-204.
3141
(b) This Subsection (1) does not apply to a judicial appointee.
3142
(2)(a) A majority of the president of the Senate, the Senate majority leader, and the
3143
Senate minority leader may waive the 30-day requirement described in Subsection (1)
3144
for a gubernatorial nominee other than a nominee for the following:
3145
(i) the executive director of a department;
3146
(ii) the [executive director] commissioner of the Governor's Office of Economic
3147
Opportunity;
3148
(iii) the executive director of the Labor Commission;
3149
(iv) a member of the State Tax Commission;
3150
(v) a member of the State Board of Education;
3151
(vi) a member of the Utah Board of Higher Education; or
3152
(vii) an individual:
3153
(A) whose appointment requires the advice and consent of the Senate; and
3154
(B) whom the governor designates as a member of the governor's cabinet.
3155
(b) The Senate shall hold a confirmation hearing for a nominee for an individual
- 93 - 1st Sub. (Green) S.B. 337 03-02 12:44
3156
described in Subsection (2)(a).
3157
(3) The governor shall:
3158
(a) if the governor is aware of an upcoming vacancy in a position that requires Senate
3159
confirmation, provide notice of the upcoming vacancy to the president of the Senate,
3160
the Senate minority leader, and the Office of Legislative Research and General
3161
Counsel at least 30 days before the day on which the vacancy occurs; and
3162
(b) establish a process for government entities and other relevant organizations to
3163
provide input on gubernatorial appointments.
3164
(4) When the governor makes a judicial appointment, the governor shall immediately
3165
provide to the president of the Senate and the Office of Legislative Research and
3166
General Counsel:
3167
(a) the name of the judicial appointee; and
3168
(b) the judicial appointee's:
3169
(i) resume;
3170
(ii) complete file of all the application materials the governor received from the
3171
judicial nominating commission; and
3172
(iii) any other related documents, including any letters received by the governor
3173
about the appointee, unless the letter specifically directs that the letter may not be
3174
shared.
3175
(5) The governor shall inform the president of the Senate and the Office of Legislative
3176
Research and General Counsel of the number of letters withheld pursuant to Subsection
3177
(4)(b)(iii).
3178
(6)(a) Letters of inquiry submitted by any judge at the request of any judicial nominating
3179
commission are classified as private in accordance with Section 63G-2-302.
3180
(b) All other records received from the governor pursuant to this Subsection (6) may be
3181
classified as private in accordance with Section 63G-2-302.
3182
(7) The Senate shall consent or refuse to give the Senate's consent to a nomination or
3183
judicial appointment.
3184
Section 82. Repealer.
3185
This bill repeals:
3186
Section 63N-1a-201, Creation of commission.
3187
Section 63N-1a-202, Commission duties.
3188
Section 63N-1a-304, Executive director and the Public Service Commission.
3189
Section 63N-1a-401, Creation of Board of Economic Opportunity.
- 94 - 03-02 12:44 1st Sub. (Green) S.B. 337
3190
Section 63N-1a-402, Board of Economic Opportunity duties and powers.
3191
Section 63N-1b-102, Subcommittees generally.
3192
Section 83. Effective Date.
3193
(1) Except as provided in Subsections (2)-(4), this bill takes effect July 1, 2025.
3194
(2) The actions affecting the following sections take effect on May 7, 2025:
3195
(a) Section 63H-8-302 (Effective 05/07/25);
3196
(b) Section 63N-1a-501 (Effective 05/07/25);
3197
(c) Section 63N-1a-301 (Effective 05/07/25);
3198
(d) Section 63N-1a-201;
3199
(e) Section 63N-2-808 (Effective 05/07/25);
3200
(f) Section 63N-2-103 (Effective 05/07/25);
3201
(g) Section 63N-1a-306 (Effective 05/07/25);
3202
(h) Section 63N-1a-303 (Effective 05/07/25);
3203
(i) Section 63N-2-104.2 (Effective 05/07/25);
3204
(j) Section 63N-1a-304;
3205
(k) Section 63N-1b-102;
3206
(l) Section 63I-1-263 (Effective 05/07/25);
3207
(m) Section 11-59-302 (Effective 05/07/25);
3208
(n) Section 63N-2-104.3 (Effective 05/07/25);
3209
(o) Section 63N-1a-401;
3210
(p) Section 63N-1a-303.2 (Effective 05/07/25);
3211
(q) Section 63N-1a-502 (Effective 05/07/25);
3212
(r) Section 63N-1a-302 (Effective 05/07/25);
3213
(s) Section 35A-8-202 (Effective 05/07/25);
3214
(t) Section 63N-1a-402;
3215
(u) Section 63N-2-504 (Effective 05/07/25);
3216
(v) Section 63N-1a-102 (Effective 05/07/25);
3217
(w) Section 63N-1a-202; and
3218
(x) Section 63N-3-1102 (Effective 05/07/25).
3219
(3) The actions affecting the following sections take effect on January 1, 2026:
3220
(a) Section 59-12-401 (Effective 01/01/26);
3221
(b) Section 59-12-354 (Effective 01/01/26);
3222
(c) Section 59-12-402 (Effective 01/01/26); and
3223
(d) Section 59-12-352 (Effective 01/01/26).
- 95 - 1st Sub. (Green) S.B. 337 03-02 12:44
3224
(4) The actions affecting Section 63N-22-101 (Effective 07/01/26) take effect on July 1,
3225
2026.
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