Superseded 1/1/2024 79-6-602. Definitions. As used in this part:
(1)
“Applicant” means a person that conducts business in the state and that applies for a tax credit under this part.
Terms Used In Utah Code 79-6-602
Applicant: means a person that conducts business in the state and that applies for a tax credit under this part. See Utah Code 79-6-602
Energy delivery project: means a project that is designed to:
(a)
increase the capacity for the delivery of energy to a user of energy inside or outside the state; or
(b)
increase the capability of an existing energy delivery system or related facility to deliver energy to a user of energy inside or outside the state. See Utah Code 79-6-602
Fuel standard compliance project: means a project designed to retrofit a fuel refinery in order to make the refinery capable of producing fuel that complies with the United States Environmental Protection Agency's Tier 3 gasoline sulfur standard described in 40 C. See Utah Code 79-6-602
High cost infrastructure project: means a project, including an energy delivery project or a fuel standard compliance project:
(a)
(i)
that expands or creates new industrial, mining, manufacturing, or agriculture activity in the state, not including a retail business;
(ii)
that involves new investment of at least $50,000,000 in an existing industrial, mining, manufacturing, or agriculture entity, by the entity; or
(iii)
for the construction of a plant or other facility, including a fueling station, for the storage, production, or distribution of hydrogen fuel used for transportation, electricity generation, or industrial use;
(b)
that requires or is directly facilitated by infrastructure construction; and
(c)
for which the cost of infrastructure construction to the entity creating the project is greater than:
increase the capacity for water delivery to a water user in the state; or
(ii)
increase the capability of an existing water delivery system or related facility to deliver water to a water user in the state. See Utah Code 79-6-602
Infrastructure cost-burdened entity: includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (6)(a). See Utah Code 79-6-602
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)
“Energy delivery project” means a project that is designed to:
(a)
increase the capacity for the delivery of energy to a user of energy inside or outside the state; or
(b)
increase the capability of an existing energy delivery system or related facility to deliver energy to a user of energy inside or outside the state.
(3)
“Fuel standard compliance project” means a project designed to retrofit a fuel refinery in order to make the refinery capable of producing fuel that complies with the United States Environmental Protection Agency’s Tier 3 gasoline sulfur standard described in 40 C.F.R. § 79.54.
(4)
“High cost infrastructure project” means a project, including an energy delivery project or a fuel standard compliance project:
(a)
(i)
that expands or creates new industrial, mining, manufacturing, or agriculture activity in the state, not including a retail business;
(ii)
that involves new investment of at least $50,000,000 in an existing industrial, mining, manufacturing, or agriculture entity, by the entity; or
(iii)
for the construction of a plant or other facility, including a fueling station, for the storage, production, or distribution of hydrogen fuel used for transportation, electricity generation, or industrial use;
(b)
that requires or is directly facilitated by infrastructure construction; and
(c)
for which the cost of infrastructure construction to the entity creating the project is greater than:
increase the capacity for water delivery to a water user in the state; or
(ii)
increase the capability of an existing water delivery system or related facility to deliver water to a water user in the state.
(6)
(a)
“Infrastructure cost-burdened entity” means an applicant that enters into an agreement with the office that qualifies the applicant to receive a tax credit as provided in this part.
(b)
“Infrastructure cost-burdened entity” includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (6)(a).
(7)
“Infrastructure-related revenue” means an amount of tax revenue, for an entity creating a high cost infrastructure project, in a taxable year, that is directly attributable to a high cost infrastructure project, under:
