17D-4-203. Public infrastructure district powers.

1,021 words·~5 min read·/ut/title-17d/chapter-4/17d-4-203

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

Effective 5/6/2026

(1)A public infrastructure district has all of the authority conferred upon a special district under Section 17B-1-103 .

(2)A public infrastructure district may:

(a)issue negotiable bonds to pay:

(i)all or part of the costs of acquiring, acquiring an interest in, improving, or extending any of the improvements, facilities, or property allowed under Section 11-14-103 ;

(ii)capital costs of improvements in an energy assessment area, as defined in Section 11-42a-102 , and other related costs, against the funds that the public infrastructure district will receive because of an assessment in an energy assessment area;

(iii)public improvements related to the provision of housing;

(iv)capital costs related to public transportation;

(v)for a public infrastructure district that is within or adjacent to a housing and transit reinvestment zone described in Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, any and all costs to finance any public or privately owned improvements, which, in the discretion of the board of the public infrastructure district, promote the objectives described in Section 63N-23-301 or 63N-23-401 ;

(vi)the cost of acquiring or financing public infrastructure and improvements;

(vii)for a public infrastructure district that is a subsidiary of or created by the Utah Inland Port Authority, the costs associated with a remediation project, as defined in Section 11-58-102 ;

(viii)for a convention center public infrastructure district that is within or adjacent to a convention center reinvestment zone as defined in Section 63N-23-101 , any or all of the costs to finance any public or privately owned improvements, including convention center-related improvements and arena improvements, which, in the discretion of the board of a convention center public infrastructure district, promote the objectives of the convention center reinvestment zone, as described in Section 63N-23-301 ;

(ix)for a convention center public infrastructure district, the costs of financing a convention center revitalization project, as the term is defined in Section 63N-23-101 ;

(x)for a convention center public infrastructure district in a capital city that is within or adjacent to a convention center reinvestment zone in a capital city, as defined in Section 63N-23-101 , any or all of the costs to financing any publicly owned improvements, including the cost of financing a convention center revitalization project in a capital city, as defined in Section 63N-23-101 , convention center-related improvements, and publicly or privately owned improvements that directly serve the convention center, which, in the discretion of the board of the convention center public infrastructure district in a capital city, promote the objectives of the convention center reinvestment zone in a capital city, as described in Section 63N-23-401 ; and

(xi)for a convention center public infrastructure district in a capital city that is within a capital city revitalization zone project area, as defined in Section 63N-23-801 , any allowed uses of funds or revenue provided for under Section 59-12-402.5 , including eligible expenses consistent with the terms of the participation agreement, except that a convention center public infrastructure district in a capital city may not issue negotiable bonds serviced by the revitalization tax under Section 59-12-402.5 for privately owned improvements for more than the maximum dollar amount described in the participation agreement.

(b)enter into an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act , provided that the interlocal agreement may not expand the powers of the public infrastructure district, within the limitations of Title 11, Chapter 13, Interlocal Cooperation Act , without the consent of the creating entity;

(c)notwithstanding any other provision in code, acquire completed or partially completed improvements, including related design and consulting services and related work product, for fair market value as reasonably determined by a surveyor or engineer that a public infrastructure district employs or engages to perform the necessary engineering services for and to supervise the construction or installation of the improvements;

(d)contract with the creating entity for the creating entity to provide administrative services on behalf of the public infrastructure district, when agreed to by both parties, in order to achieve cost savings and economic efficiencies, at the discretion of the creating entity;

(e)for a public infrastructure district created by a development authority, or for a public infrastructure district created by a municipality and located in an urban renewal project area that includes some or all of an inactive industrial site:

(A)operate and maintain public infrastructure and improvements the district acquires or finances; and

(B)use fees, assessments, or taxes to pay for the operation and maintenance of those public infrastructure and improvements;

(ii)issue bonds under Title 11, Chapter 42, Assessment Area Act ; and

(iii)notwithstanding Section 17D-4-303 and subject to Subsection

(3), for an advanced manufacturing project or a critical mineral extraction project located on state-owned or development authority-owned land within an authority project area, levy a property tax at a rate not to exceed a rate that generates more revenue than required to pay the annual debt service of the bond plus administrative costs and issue unlimited general obligation bonds as may be authorized by an election as described in this chapter and approved by the authority board.

(f)for a public infrastructure district that is a subsidiary of or created by the Utah Inland Port Authority, pay for costs associated with a remediation project, as defined in Section 11-58-102 , of the Utah Inland Port Authority.

(3)For general obligation bonds described in Subsection (2)(e)(iii) , the principal amount of the bonds cannot exceed 75% of the market value of the project for which the bonds are issued after the project is constructed and operating, as estimated and approved by a majority of the board of the public infrastructure district.

(4)A public infrastructure district created by the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201 , may:

(a)pay for the cost of the development and construction of a qualified stadium, as defined in Section 11-70-101 ; and

(b)pay for the cost of public infrastructure and improvements.

Amended by Chapter 324 , 2026 General Session