63H-1-502.  Allowable uses of property tax allocation and other funds.

(1)  Other than municipal services revenue, the authority may use the property tax allocation and other funds available to the authority:

Terms Used In Utah Code 63H-1-502

  • 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
  • Development: includes the demolition, construction, reconstruction, modification, expansion, maintenance, operation, or improvement of a building, facility, utility, landscape, parking lot, park, trail, or recreational amenity. See Utah Code 63H-1-102
  • Land: includes :Utah Code 68-3-12.5
  • Municipal services revenue: means revenue that the authority:
(a) collects from the authority's:
(i) levy of a municipal energy tax;
(ii) levy of a MIDA energy tax;
(iii) levy of a telecommunications tax;
(iv) imposition of a transient room tax; and
(v) imposition of a resort communities tax;
(b) receives under Subsection 59-12-205(2)(a)(ii)(B); and
(c) receives as dedicated tax collections. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax, except as described in Subsection (20)(b), and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 63H-1-102
  • Property tax allocation: means the difference between:
    (a) the amount of property tax revenues generated each tax year by all taxing entities from the area within a project area designated in the project area plan as the area from which the property tax allocation is to be collected, using the current assessed value of the property; and
    (b) the amount of property tax revenues that would be generated from that same area using the base taxable value of the property. See Utah Code 63H-1-102
  • Public infrastructure and improvements: includes :
    (i) facilities, lines, or systems that harness geothermal energy or provide water, chilled water, steam, sewer, storm drainage, natural gas, electricity, or telecommunications;
    (ii) streets, roads, curb, gutter, sidewalk, walkways, tunnels, solid waste facilities, parking facilities, public transportation facilities, and parks, trails, and other recreational facilities;
    (iii) snowmaking equipment and related improvements that can also be used for water storage or fire suppression purposes; and
    (iv) a building and related improvements for occupancy by the public, the authority, the military, or military-related entities. See Utah Code 63H-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (a)  for any purpose authorized under this chapter;

    (b)  for administrative, overhead, legal, and other operating expenses of the authority;

    (c)  to pay for, including financing or refinancing, all or part of the development of land within the project area from which the property tax allocation or other funds were collected, including assisting the ongoing operation of a development or facility within the project area;

    (d)  to pay the cost of the installation and construction of public infrastructure and improvements within the project area from which the property tax allocation funds were collected;

    (e)  to pay the cost of the installation and construction of public infrastructure and improvements, including a passenger ropeway, as defined in Section 72-11-102, outside the project area if:

    (i) 

    (A)  the authority board determines by resolution that the infrastructure and improvements are of benefit to the project area; and

    (B)  for a passenger ropeway, at least one end of the ropeway is located within the project area; or

    (ii) 

    (A)  the funds expended are appropriated by the Legislature; and

    (B)  the authority is directed to expend the funds, and the project or purpose is directed, by the Legislature;

    (f)  to pay the principal and interest on bonds issued by the authority;

    (g)  to pay for a morale, welfare, and recreation program of a United States Air Force base in Utah, affiliated with the project area from which the funds were collected; or

    (h)  to pay for the promotion of:

    (i)  a development within the project area; or

    (ii)  amenities outside of the project area that are associated with a development within the project area.
  • (2)  The authority may use revenue generated from the authority’s operation of public infrastructure and improvements to:

    (a)  operate and maintain the public infrastructure and improvements; and

    (b)  pay for authority operating expenses, including administrative, overhead, and legal expenses.

    (3)  For purposes of Subsection (1), the authority may use:

    (a)  tax revenue received under Subsection 59-12-205(2)(a)(ii)(B);

    (b)  resort communities tax revenue;

    (c)  MIDA energy tax revenue, received under Section 63H-1-204, which does not have to be used in the project area where the revenue was generated;

    (d)  MIDA accommodations tax revenue, received under Section 63H-1-205;

    (e)  transient room tax revenue generated from hotels located on authority-owned or other public-entity-owned property;

    (f)  municipal energy tax revenue generated from hotels located on authority-owned or other public-entity-owned property; or

    (g)  payments received under Subsection 63H-1-501(4).

    (4)  The determination of the authority board under Subsection (1)(e) regarding benefit to the project area is final.

    Amended by Chapter 82, 2022 General Session
    Amended by Chapter 463, 2022 General Session