(1)  By ordinance, an authority board may levy a MIDA energy tax, within a project area, on an energy supplier as defined in Section 10-1-303.

Terms Used In Utah Code 63H-1-204

  • Authority: means the Military Installation Development Authority, created under Section 63H-1-201. See Utah Code 63H-1-102
  • Board: means the governing body of the authority created under Section 63H-1-301. See Utah Code 63H-1-102
  • MIDA energy tax: means the tax levied under Section 63H-1-204. See Utah Code 63H-1-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Municipal energy tax: means a municipal energy sales and use tax under 3. See Utah Code 63H-1-102
  • Project area: means the land, including military 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 63H-1-102
(2)  The maximum rate of the MIDA energy tax is 6% of the delivered value as defined in Section 10-1-303, except that delivered value does not include the amount of a tax paid under this section.

(3) 

(a)  An energy supplier may recover an amount equal to the MIDA energy tax from its customers, if the energy supplier includes the amount as a separate billing line item.

(b)  The MIDA energy tax levied under this section is in addition to the rate approved by the Public Service Commission and charged to the customer.

(4)  If the authority has levied a municipal energy tax in the project area, the MIDA energy tax paid by a customer is reduced by any municipal energy tax paid by that customer on the same delivered value.

(5) 

(a)  The MIDA energy tax is payable by the energy supplier to MIDA on a monthly basis as described by the ordinance levying the tax.

(b)  The ordinance shall allow the energy supplier to retain 1% of the tax remittance each month to offset the energy supplier’s costs of collecting and remitting the tax.

Enacted by Chapter 362, 2013 General Session