(1) As used in this section:

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Terms Used In Utah Code 11-58-605

  • Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
  • Authority jurisdictional land: means land within the authority boundary delineated:
         (2)(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
  • Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
  • Contaminated land: means land:
         (6)(a) within a project area; and
         (6)(b) that contains hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material on, in, or under the land. See Utah Code 11-58-102
  • Distribution center: means a building that is:
         (9)(a) used for the storage, sorting, and distribution of goods intended for sale; and
         (9)(b) not associated with or operated in conjunction with an adjacent manufacturing facility. See Utah Code 11-58-102
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Project area: means :
         (16)(a) the authority jurisdictional land, subject to Section 11-58-605; or
         (16)(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: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Remediation: includes :
         (23)(a) activities for the cleanup, rehabilitation, and development of contaminated land; and
         (23)(b) acquiring an interest in land within a remediation project area. See Utah Code 11-58-102
  • Remediation differential: means property tax differential generated from a remediation project area. See Utah Code 11-58-102
  • Remediation project: means a project for the remediation of contaminated land that:
         (25)(a) is owned by:
              (25)(a)(i) the state or a department, division, or other instrumentality of the state;
              (25)(a)(ii) an independent entity, as defined in Section 63E-1-102; or
              (25)(a)(iii) a political subdivision of the state; and
         (25)(b) became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102
  • Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102
     (1)(a) “Remedial action plan” means a plan for the cleanup of contaminated land under a voluntary cleanup agreement under Title 19, Chapter 8, Voluntary Cleanup Program.
     (1)(b) “Subsidiary district” means a public infrastructure district that is a subsidiary of the authority.
(2) This section applies to a remediation project area and to remediation differential.
(3)

     (3)(a) The authority may adopt a resolution creating a remediation project area .
     (3)(b) Land within a remediation project area may not be used for a distribution center.
(4) If the authority adopts a resolution creating a remediation project area, the authority shall reconfigure the boundary of the project area that consists of the authority jurisdictional land to exclude the remediation project area.
(5) The authority may pay the costs of a remediation project from funds available to the authority, including funds of a subsidiary district.
(6)

     (6)(a) If the authority pays some or all the costs of a remediation project, the authority shall be paid 100% of the remediation differential, subject to Subsection (6)(b), until the authority is fully reimbursed for the costs the authority paid for the remediation project.
     (6)(b)

          (6)(b)(i) Subject to Subsection (6)(b)(iii), the authority’s use of remediation differential paid to the authority under Subsection (6)(a) is subject to any bonds of a subsidiary district issued before May 3, 2023 pledging property tax differential funds generated from the contaminated land.
          (6)(b)(ii) Before using remediation differential to pay subsidiary district bonds described in Subsection (6)(b)(i), the authority shall use other funds available to the authority to pay the bonds.
          (6)(b)(iii) A pledge of property tax differential under subsidiary district bonds issued before May 3, 2023 may be satisfied if:

               (6)(b)(iii)(A) the authority or the subsidiary district pledges additional property tax differential, other than remediation differential, or other authority or subsidiary district funds to offset any decrease in property tax differential resulting from the payment under Subsection (6)(a) of remediation differential funds that would otherwise have been available to pay the subsidiary district bonds; and
               (6)(b)(iii)(B) the pledge described in Subsection (6)(b)(iii)(A) is senior in right to any pledge of remediation differential for a commitment the authority makes in connection with a remediation project.
(7) If a remediation project is conducted pursuant to a remedial action plan, the use of the land that is the subject of the remediation project shall be consistent with the remedial action plan unless the change of use:

     (7)(a) occurs after the government owner, as defined in Subsection 63G-7-201(3)(b), is environmentally compliant, as defined in Subsection 63G-7-201(3)(b), with respect to the land that is the subject of the remediation project; and
     (7)(b) is approved by the board following a public hearing on the proposed change of use.
(8)

     (8)(a) Upon the authority receiving full reimbursement for the authority’s payment of costs for a remediation project, the remediation project area is automatically and immediately dissolved and the land within the remediation project area automatically and immediately becomes part of the project area consisting of the authority jurisdictional land.
     (8)(b) The board shall take any action necessary to effectuate and reflect in authority project area records and any other applicable records the reincorporation of the remediation project area under Subsection (8)(a) into the project area consisting of the authority jurisdictional land.
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