The authority has exclusive jurisdiction, responsibility, and power to coordinate the efforts of all applicable state and local government entities, property owners and other private parties, and other stakeholders to:
Authority jurisdictional land: means land within the authority boundary delineated:
(a)
in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
Contract: A legal written agreement that becomes binding when signed.
Development: means :
(a)
the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
(b)
the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Inland port: means one or more sites that:
(a)
contain multimodal facilities, intermodal facilities, or other facilities that:
(i)
are related but may be separately owned and managed; and
(ii)
together are intended to:
(A)
allow global trade to be processed and altered by value-added services as goods move through the supply chain;
(B)
provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;
(C)
provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and
(D)
provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
(b)
may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Personal property: All property that is not real property.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Project area: means :
(a)
the authority jurisdictional land, subject to Section 11-58-605; or
(b)
land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
Public entity: means :
(a)
the state, including each department, division, or other agency of the state; or
(b)
a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
Public infrastructure and improvements: includes :
(i)
facilities, lines, or systems that provide:
(A)
water, chilled water, or steam; or
(B)
sewer, storm drainage, natural gas, electricity, energy storage, renewable energy, microgrids, or telecommunications service;
infrastructure, improvements, facilities, or buildings that are developed as part of a remediation project. See Utah Code 11-58-102
Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
(a)
develop and implement a business plan for the authority jurisdictional land, to include an environmental sustainability component, developed in conjunction with the Utah Department of Environmental Quality, incorporating policies and best practices to meet or exceed applicable federal and state standards, including:
(i)
emissions monitoring and reporting; and
(ii)
strategies that use the best available technology to mitigate environmental impacts from development and uses on the authority jurisdictional land;
(b)
plan and facilitate the development of inland port uses on authority jurisdictional land and on land in other authority project areas;
(c)
manage any inland port located on land owned or leased by the authority; and
(d)
establish a foreign trade zone, as provided under federal law, covering some or all of the authority jurisdictional land or land in other authority project areas.
(2)
The authority may:
(a)
facilitate and bring about the development of inland port uses on land that is part of the authority jurisdictional land or that is in other authority project areas, including engaging in marketing and business recruitment activities and efforts to encourage and facilitate:
(i)
the development of an inland port on the authority jurisdictional land; and
(ii)
other development of the authority jurisdictional land consistent with the policies and objectives described in Subsection 11-58-203(1);
(b)
facilitate and provide funding for the development of land in a project area, including the development of public infrastructure and improvements and other infrastructure and improvements on or related to land in a project area;
(c)
engage in marketing and business recruitment activities and efforts to encourage and facilitate development of the authority jurisdictional land;
(d)
apply for and take all other necessary actions for the establishment of a foreign trade zone, as provided under federal law, covering some or all of the authority jurisdictional land;
(e)
as the authority considers necessary or advisable to carry out any of its duties or responsibilities under this chapter:
(i)
buy, obtain an option upon, or otherwise acquire any interest in real or personal property;
(ii)
sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or personal property; or
(iii)
enter into a lease agreement on real or personal property, either as lessee or lessor;
(f)
sue and be sued;
(g)
enter into contracts generally;
(h)
provide funding for the development of public infrastructure and improvements or other infrastructure and improvements on or related to the authority jurisdictional land or other authority project areas;
(i)
exercise powers and perform functions under a contract, as authorized in the contract;
(j)
receive the property tax differential, as provided in this chapter;
(k)
accept financial or other assistance from any public or private source for the authority’s activities, powers, and duties, and expend any funds so received for any of the purposes of this chapter;
(l)
borrow money, contract with, or accept financial or other assistance from the federal government, a public entity, or any other source for any of the purposes of this chapter and comply with any conditions of the loan, contract, or assistance;
transact other business and exercise all other powers provided for in this chapter;
(p)
engage one or more consultants to advise or assist the authority in the performance of the authority’s duties and responsibilities;
(q)
work with other political subdivisions and neighboring property owners and communities to mitigate potential negative impacts from the development of authority jurisdictional land;
(r)
own, lease, operate, or otherwise control public infrastructure and improvements in a project area;
(s)
exercise powers and perform functions that the authority is authorized by statute to exercise or perform;
(t)
develop and implement world-class, state-of-the-art, zero-emissions logistics to:
(i)
support continued growth of the state’s economy;
(ii)
promote the state as the global center of efficient and sustainable supply chain logistics;
(iii)
facilitate the efficient movement of goods on roads and rails and through the air; and
(iv)
benefit the commercial viability of tenants and users; and
(u)
attract capital and expertise in pursuit of the next generation of logistics solutions.
(3)
(a)
Beginning April 1, 2020, the authority shall:
(i)
be the repository of the official delineation of the boundary of the authority jurisdictional land, identical to the boundary as delineated in the shapefile that is the electronic component of H.B. 2001, Utah Inland Port Authority Amendments, 2018 Second Special Session, subject to Subsection (3)(b) and any later changes to the boundary enacted by the Legislature; and
(ii)
maintain an accurate digital file of the boundary that is easily accessible by the public.
(b)
(i)
As used in this Subsection (3)(b), “split property” means a piece of land:
(A)
with a single tax identification number; and
(B)
that is partly included within and partly excluded from the authority jurisdictional land by the boundary delineated in the shapefile described in Subsection 11-58-102(2).
(ii)
With the consent of the mayor of the municipality in which the split property is located, the executive director may adjust the boundary of the authority jurisdictional land to include an excluded portion of a split property or exclude an included portion of a split property.
(iii)
In adjusting the boundary under Subsection (3)(b)(ii), the executive director shall consult with the county assessor, the county surveyor, the owner of the split property, and the municipality in which the split property is located.
(iv)
A boundary adjustment under this Subsection (3)(b) affecting the northwest boundary of the authority jurisdictional land shall maintain the buffer area between authority jurisdictional land intended for development and land outside the boundary of the authority jurisdictional land to be preserved from development.
(v)
Upon completing boundary adjustments under this Subsection (3)(b), the executive director shall cause to be recorded in the county recorder’s office a map or other description, sufficient for purposes of the county recorder, of the adjusted boundary of the authority jurisdictional land.
(vi)
The authority shall modify the official delineation of the boundary of the authority jurisdictional land under Subsection (3)(a) to reflect a boundary adjustment under this Subsection (3)(b).
(4)
(a)
The authority may establish a community enhancement program designed to address the impacts that development or inland port uses within project areas have on adjacent communities.
(b)
(i)
The authority may use authority money to support the community enhancement program and to pay for efforts to address the impacts described in Subsection (4)(a).
(ii)
Authority money designated for use under Subsection (4)(b)(i) is exempt from execution or any other process in the collection of a judgment against or debt or other obligation of the authority arising out of the authority’s activities with respect to the community enhancement program.
Amended by Chapter 32, 2022 General Session Amended by Chapter 82, 2022 General Session
