Except as provided in Subsection (2), a public entity may not:
Terms Used In Utah Code 11-41-103
Agreement: means an oral or written agreement between a public entity and a person. See Utah Code 11-41-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Mixed-use development: means development with mixed land uses, including housing. See Utah Code 11-41-102
Moderate income housing plan: means the moderate income housing plan element of a general plan. See Utah Code 11-41-102
Office: means the Governor's Office of Economic Opportunity. See Utah Code 11-41-102
has fewer than 30 full-time equivalent employees; and
(ii)
maintains the business entity's principal office in the state. See Utah Code 11-41-102
(a)
make a retail facility incentive payment under an agreement that is initiated or entered into on or after July 1, 2022; or
(b)
initiate or enter into an agreement on or after July 1, 2022, to make a retail facility incentive payment.
(2)
Notwithstanding Subsection (1), a public entity may make a retail facility incentive payment for:
(a)
a retail facility located entirely within a census tract in which more than 51% of residents have a household income at or below 70% of the county area median income;
(b)
a retail facility included as part of a mixed-use development in which:
(i)
the development includes at least one housing unit for every 1,250 square feet of retail space within the development; and
(ii)
at least 10% of the new or proposed housing units within the development qualify as moderate income housing, in accordance with the moderate income housing plan of the municipality or county in which the development is located;
(c)
a retail facility included as part of a development in which:
(i)
the retail facility has a gross sales floor area of no more than 20,000 square feet; and
(ii)
no other retail facility with a gross sales floor area of more than 20,000 square feet is located within the same development;
(d)
a retail facility located within a county of the fourth, fifth, or sixth class;
(e)
a retail facility for a small business;
(f)
a retail facility for a Utah-based nonprofit arts or cultural organization; or
(g)
a retail facility for a ski resort that:
(i)
has been in operation for at least 40 years; and
(ii)
provides at least 1,000 acres for skiing.
(3)
A person who receives public funds for a mixed-use development in accordance with Subsection (2)(b) may not use the public funds for the development, construction, renovation, or operation of housing units within the mixed-use development unless the housing units qualify as moderate income housing in accordance with the moderate income housing plan of the municipality or county in which the development is located.
(4)
(a)
For each fiscal year that a public entity makes a retail facility incentive payment described in Subsections (2)(a) through (c), the public entity shall submit a written report to the office in accordance with Subsection 11-41-104(1).
(b)
For each fiscal year that a public entity makes a retail facility incentive payment described in Subsections (2)(d) through (g), the public entity shall submit a notification to the office in accordance with Subsection 11-41-104(2).
