11-41-201. Definitions.

336 words·~2 min read·/ut/title-11/chapter-41/11-41-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this part:

(1)"Incentive" means a payment of public funds, funded by tax increment or personal property tax revenue:

(a)from a political subdivision to a person;

(b)for the development, construction, renovation, operating, or citing of a large load customer or qualifying data center within an area of the state; and

(c)in the form of:

(i)a payment, rebate, refund, subsidy, or other similar incentive, award, or offset; or

(ii)a payment of public funds for the development, construction, renovation, or operation of public infrastructure and improvements that wholly or primarily support a large load customer.

(2)"Large load customer" means the same as that term is defined in Section 54-26-101 .

(3)"Large load data center" means a large load customer that is also a qualifying data center.

(4)"Political subdivision" means any county, municipality, special district, special service district, public infrastructure district, community reinvestment agency, entity created by an interlocal agreement adopted under Chapter 13, Interlocal Cooperation Act, or regional economic development authority.

(a)"Public infrastructure and improvements" means infrastructure, improvements, facilities, or buildings that:

(A)benefit the public and are owned by a public entity or a utility; or

(B)benefit the public and are publicly maintained or operated by a public entity; or

(ii)are privately owned.

(b)"Public infrastructure and improvements" includes:

(i)facilities, lines, or systems that provide:

(A)water, chilled water, or steam; or

(B)sewer, storm drainage, natural gas, electricity, energy storage, clean energy, microgrids, or telecommunications service; and

(ii)streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities.

(6)"Qualifying data center" means the same as that term is defined in Section 59-12-102 .

(7)"Regional economic development authority" means the same as that term is defined in Section 63N-3a-101 .

(8)"Tax increment" means the same as that term is defined in Section 59-2-924 .

Enacted by Chapter 373 , 2026 General Session