Utah Code 11-58-205. Applicability of other law — Cooperation of state and local governments — Municipality to consider board input — Prohibition relating to natural resources — Inland port as permitted or conditional use — Municipal services –…
11-58-205. Applicability of other law — Cooperation of state and local governments — Municipality to consider board input — Prohibition relating to natural resources — Inland port as permitted or conditional use — Municipal services — Disclosure by nonauthority governing body member — Services from state agencies — Procurement policy.
(1)
Except as otherwise provided in this chapter, the authority does not have and may not exercise any powers relating to the regulation of land uses on the authority jurisdictional land.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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
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
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.
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
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
A department, division, or other agency of the state and a political subdivision of the state shall cooperate with the authority to the fullest extent possible to provide whatever support, information, or other assistance the board requests that is reasonably necessary to help the authority fulfill its duties and responsibilities under this chapter.
(4)
In making decisions affecting the authority jurisdictional land, the legislative body of a municipality in which the authority jurisdictional land is located shall consider input from the authority board.
(5)
(a)
No later than December 31, 2018, the ordinances of a municipality with authority jurisdictional land within its boundary shall allow an inland port as a permitted or conditional use, subject to standards that are:
(i)
determined by the municipality; and
(ii)
consistent with the policies and objectives stated in Subsection 11-58-203(1).
(b)
A municipality whose ordinances do not comply with Subsection (5)(a) within the time prescribed in that subsection shall allow an inland port as a permitted use without regard to any contrary provision in the municipality’s land use ordinances.
(6)
The transporting, unloading, loading, transfer, or temporary storage of natural resources may not be prohibited on the authority jurisdictional land.
(7)
(a)
A municipality whose boundary includes authority jurisdictional land shall provide the same municipal services to the area of the municipality that is within the authority jurisdictional land as the municipality provides to other areas of the municipality with similar zoning and a similar development level.
(b)
The level and quality of municipal services that a municipality provides within authority jurisdictional land shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level.
(8)
(a)
As used in this Subsection (8):
(i)
“Direct financial benefit” means the same as that term is defined in Section 11-58-304.
(ii)
“Nonauthority governing body member” means a member of the board or other body that has authority to make decisions for a nonauthority government owner.
(iii)
“Nonauthority government owner” mean a state agency or nonauthority local government entity that owns land that is part of the authority jurisdictional land.
(iv)
“Nonauthority local government entity”:
(A)
means a county, city, town, metro township, special district, special service district, community reinvestment agency, or other political subdivision of the state; and
(B)
excludes the authority.
(v)
“State agency” means a department, division, or other agency or instrumentality of the state, including an independent state agency.
(b)
A nonauthority governing body member who owns or has a financial interest in land that is part of the authority jurisdictional land or who reasonably expects to receive a direct financial benefit from development of authority jurisdictional land shall submit a written disclosure to the authority board and the nonauthority government owner.
(c)
A written disclosure under Subsection (8)(b) shall describe, as applicable:
(i)
the nonauthority governing body member’s ownership or financial interest in property that is part of the authority jurisdictional land; and
(ii)
the direct financial benefit the nonauthority governing body member expects to receive from development of authority jurisdictional land.
(d)
A nonauthority governing body member required under Subsection (8)(b) to submit a written disclosure shall submit the disclosure no later than 30 days after:
(i)
the nonauthority governing body member:
(A)
acquires an ownership or financial interest in property that is part of the authority jurisdictional land; or
(B)
first knows that the nonauthority governing body member expects to receive a direct financial benefit from the development of authority jurisdictional land; or
(ii)
the effective date of this Subsection (8), if that date is later than the period described in Subsection (8)(d)(i).
(e)
A written disclosure submitted under this Subsection (8) is a public record.
(9)
(a)
The authority may request and, upon request, shall receive:
(i)
fuel dispensing and motor pool services provided by the Division of Fleet Operations;
(ii)
surplus property services provided by the Division of Purchasing and General Services;
(iii)
information technology services provided by the Division of Technology Services;
(iv)
archive services provided by the Division of Archives and Records Service;
(v)
financial services provided by the Division of Finance;
(vi)
human resources services provided by the Division of Human Resource Management;
(vii)
legal services provided by the Office of the Attorney General; and
(viii)
banking services provided by the Office of the State Treasurer.
(b)
Nothing in Subsection (9)(a) may be construed to relieve the authority of the obligation to pay the applicable fee for the service provided.
(10)
(a)
To govern authority procurements, the board shall adopt a procurement policy that the board determines to be substantially consistent with applicable provisions of Title 63G, Chapter 6a, Utah Procurement Code.
(b)
The board may delegate to the executive director the responsibility to adopt a procurement policy.
(c)
The board’s determination under Subsection (10)(a) of substantial consistency is final and conclusive.
Amended by Chapter 16, 2023 General Session Amended by Chapter 259, 2023 General Session
