63M-5-306. Financial impact statement — Alleviation plan — Filing required — Contents — Payments credited against tax — Provisions neither exclusive nor mandatory.
(1)
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Terms Used In Utah Code 63M-5-306
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Commencement of construction: means any clearing of land, excavation, or construction but does not include preliminary site review, including soil tests, topographical surveys, exploratory drilling, boring or mining, or other preliminary tests. See Utah Code 63M-5-103
Developer: means any person engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility, including owners, contract purchases of owners, and persons who, as a lessee or under an agreement, are engaged or to be engaged in industrial development or the development or utilization of natural resources in this state through a natural resource or industrial facility. See Utah Code 63M-5-103
industrial facility: means any land, structure, building, plant, mine, road, installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement, or improvement of, land or an existing structure, building, plant, mine, road, installation, excavation, machinery, or device reasonably used, erected, constructed, acquired, or installed by any person, if a substantial purpose of or result of the use, erection, construction, acquisition, rental, lease, or installation is related to industrial development or the development or utilization of the natural resources in this state. See Utah Code 63M-5-103
Major developer: means any developer whose proposed new or additional natural resource facility or industrial facility is projected:
(a)
To employ more than 500 people; or
(b)
To cause the population of an affected unit of local government to increase by more than 5%, the increase to include the primary work force of the facility and their dependents and the work force and dependents attributable to commercial and public service employment created by the presence of the facility. See Utah Code 63M-5-103
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
Unit of local government: means any county, municipality, school district, special district, special service district, or any other political subdivision of the state. See Utah Code 63M-5-103
(a)
A developer desiring to prepay ad valorem property taxes under Section 63M-5-201 shall first prepare and file with the Governor’s Office of Economic Opportunity and all units of local government likely to be affected with a significant financial impact due to a natural resource or industrial facility a financial impact statement together with a plan for alleviating these impacts.
(b)
The impact statement and the alleviation plan shall be prepared in cooperation with and after consultation with the Governor’s Office of Economic Opportunity and the affected units of local government.
(c)
The financial impact statement shall assess the projected financial impact on state agencies and units of local government, including the impact on transportation systems, culinary water systems, waste treatment facilities, public safety, schools, public health, housing, planning and zoning, and general government administration.
(d)
The alleviation plan shall set out proposals for alleviating the impact and may include payments to local units of government or direct expenditures by the developer to alleviate the impact.
(e)
The impact statement and the alleviation plan may be amended by the developer in cooperation with and after consultation with the Governor’s Office of Economic Opportunity and those units of local government affected by the amendment.
(2)
At least 90 days prior to commencement of construction of an industrial facility or natural resources facility by a major developer, an impact statement and alleviation plan as described in Subsection (1) shall be filed by the major developer whether or not the major developer desires to prepay ad valorem property taxes.
(3)
(a)
Upon the filing of the financial impact statement and alleviation plan, a developer may apply to the governing body of the affected unit of local government for authorization to prepay a portion of the anticipated ad valorem property taxes to be expended consistent with the alleviation plan.
(b)
This authorization may provide that only a portion of the amounts so prepaid can be applied against the ad valorem property taxes due in any given year.
(c)
In addition to payments directly to the affected unit of local government, an affected unit of local government may authorize a tax credit on anticipated ad valorem property taxes for expenditures made by the developer to other persons so long as the expenditure is consistent with the alleviation plan.
(4)
(a)
This chapter is designed to provide an additional mechanism for the alleviation of impacts on units of local government and is not intended to discourage the use of other mechanisms as may be available.
(b)
Nothing in this chapter requires a developer to prepay ad valorem property taxes or to make any other expenditure not otherwise required by law.
