17D-4-202.2. Public infrastructure district created by a development authority -- Board -- Governing document.

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

Effective 5/6/2026

(1)As used in this section:

(a)"Governing body" means the governing body of the development authority that created a public infrastructure district.

(b)"Grandfathered public infrastructure district" means a public infrastructure district:

(i)created by the Point of the Mountain State Land Authority created in Section 11-59-201 ; and

(ii)that is not a specified public infrastructure district.

(c)"Specified public infrastructure district" means a public infrastructure district created by a development authority on or after May 6, 2026.

(2)Except as provided in Subsection

(4), the governing document of a specified public infrastructure district shall require that a majority of the board members of the specified public infrastructure district be appointed by the governing body.

(3)Beginning May 6, 2026, a grandfathered public infrastructure district shall modify the public infrastructure district's governing document by no later than July 1, 2026, to ensure that at least 40% of the public infrastructure board's seats are appointed by the governing body.

(4)The governing document of a specified public infrastructure district may provide for a different board structure than described in Subsection

(2)if:

(a)the governing body finds that a compelling reason exists to reduce the number of appointments made by the governing body;

(b)the board and the governing body both make a 2/3 vote to modify the governing document to reduce the number of appointments made by the governing body; and

(c)the governing body retains the ability to appoint a minimum of 40% of the board.

(5)A public infrastructure district created by a development authority that issues a bond may only issue additional bonds or create new debt:

(a)in accordance with the governing document approved by the governing body; or

(b)if a majority of the public infrastructure district's board members are appointed by the governing body.

Enacted by Chapter 165 , 2026 General Session