17D-5-102. Provisions applicable to infrastructure financing district -- Exceptions -- Conflicting provisions -- Contract for administrative services.
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Effective 5/6/2026
17D-5-102. Provisions applicable to infrastructure financing district -- Exceptions -- Conflicting provisions -- Contract for administrative services.
(1)An infrastructure financing district is governed by and has the powers stated in:
(a)this chapter; and
(b)Title 17B, Chapter 1, Provisions Applicable to All Special Districts, except as provided in Subsection (5).
(a)Notwithstanding Subsection 17B-1-103(2)(f) and except as provided in Subsection (2)(b) , an infrastructure financing district may issue bonds only as provided in Title 11, Chapter 42, Assessment Area Act, subject to Subsection (2)(c), and Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act.
(b)If an infrastructure financing district is created to facilitate a regionally significant development zone, as described in Title 17C, Chapter 6, Regionally Significant Development Zone Act, the infrastructure financing district may issue negotiable bonds in accordance with Title 11, Chapter 14, Local Government Bonding Act, to pay 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.
(c)To the extent that the provisions of Title 11, Chapter 42, Assessment Area Act, apply to the use of funds from an assessment or an assessment bond for infrastructure operation and maintenance costs or for the cost of conducting economic promotion activities, those provisions do not apply to an infrastructure financing district.
(d)Before a county or municipality's final inspection required for the issuance of a certificate of occupancy for a residential unit that is subject to an assessment levied by an infrastructure financing district under Title 11, Chapter 42, Assessment Area Act, the infrastructure financing district shall ensure that the assessment allocable to that unit is paid in full and that any assessment lien on that unit is satisfied and released.
(3)Notwithstanding Subsection 17B-1-103(2)(h) , an infrastructure financing district may not exercise the power of eminent domain.
(4)The name of an infrastructure financing district shall comply with Subsection 17B-1-208(1)(b)(ii) .
(5)If there is a conflict between a provision in Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and a provision in this chapter, the provision in this chapter governs.
(6)An infrastructure financing district may contract with another governmental entity for the other governmental entity to provide administrative services to the infrastructure financing district.
Renumbered and Amended by Chapter 105 , 2026 General Session