59-36-101. Definitions.

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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

As used in this chapter:

(1)"Agency" means a community reinvestment agency, as defined in Section 17C-1-102 .

(2)"Authorization meeting" means a public meeting:

(a)conducted by the governing body of a TIF entity;

(b)for which the TIF entity provides class A notice under Section 63G-30-102 :

(i)for a minimum of 10 calendar days before the public meeting; and

(ii)with a link to the TIF entity's website where an explanation of each item listed in Subsection 59-2-201(3) may be found; and

(c)in which the governing body of the TIF entity addresses each item listed in Subsection 59-2-201(3) .

(3)"Approximated discount rate" means the assumed rate of return used to discount future cash flows back to the cash's present value.

(4)"But-for analysis" means information or data that demonstrates:

(a)the benefits of a potential project to the public;

(b)the existing impediments to the potential project;

(c)that the potential project would be unable to overcome existing impediments and proceed without the use of tax increment; and

(d)that the impact of using tax increment to the public is less than the benefits of the potential project to the public.

(5)"Collecting entity" means:

(a)for sales and use tax increment, the commission; or

(b)for property tax increment, the county auditor, county assessor, and county treasurer of each county in which the TIF entity intends to use tax increment.

(6)"Collection time period" means the maximum amount of time a TIF entity may collect tax increment after engaging in a specified event.

(7)"Database" means a collection of electronic data to track the information that:

(a)each TIF entity is required to submit in accordance with this chapter; and

(b)the program manager collects in accordance with Section 59-36-301 .

(8)"Disclosure" means a written acknowledgment, made in a form and in a manner the program manager establishes, that a TIF entity intending to engage in a specified event submits.

(9)"Established base year" means the year designated in a project area plan, a project area budget, or an interlocal agreement for the purpose of calculating tax increment.

(10)"Governing body" means:

(a)for an agency, the community reinvestment agency board;

(b)for a municipality, the municipal legislative body;

(c)for a county, the county legislative body;

(d)for a regional economic development authority, the regional economic development authority's board;

(e)for a public infrastructure district, the public infrastructure district's board of trustees; and

(f)for a special district, the special district's board of trustees.

(11)"Local entity" means:

(a)an agency;

(b)a municipality;

(c)a county;

(d)a public infrastructure district; or

(e)a special district.

(12)"Post-designation parcel" means:

(a)except as provided in Subsection (12)(b) , the same as that term is defined in Section 11-58-601 ; or

(b)for a project area created by the Military Installation Development Authority, a parcel within the project area.

(13)"Program manager" means the same as that term is defined in Section 59-2-1601 .

(14)"Project area" means an area created and designated to receive tax increment according to the terms of an adopted project area plan, project area budget, or interlocal agreement.

(15)"Project area budget" means a multi-year projection of annual or cumulative revenue and expenses and other fiscal matters pertaining to a project area that includes:

(a)the start and end date for tax increment collection;

(b)the number of years remaining that the TIF entity collects tax increment from the project area;

(c)the amount of tax increment the TIF entity is authorized to receive from the project area, cumulatively and from each taxing entity, including:

(i)the total dollar amount;

(ii)the percentage of the total amount of tax increment generated within the project area; and

(iii)the remaining amount of tax increment the TIF entity is authorized to receive from the project area, cumulatively and from each taxing entity; and

(d)the amount of tax increment the TIF entity:

(i)is authorized to use to pay for the TIF entity's administrative costs; and

(ii)uses to pay for the TIF entity's administrative costs.

(16)"Project area plan" means a written plan that, after the plan's effective date, guides and controls the development within a project area.

(a)"Property tax increment" means the amount of revenue a project area generates from property tax that exceeds the amount of revenue from the property tax that was generated in the project area:

(i)in the year before the project area is created; or

(ii)for a post-designation parcel, the 12 months before the trigger date.

(b)"Property tax increment" includes:

(i)enhanced property tax revenue;

(ii)property tax allocation;

(iii)property tax augmentation;

(iv)property tax differential;

(v)property tax increment; and

(vi)tax increment revenue.

(18)"Regional economic development authority" means:

(a)the Utah Inland Port Authority created in Section 11-58-201 ;

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

(c)the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201 ; or

(d)the Military Installation Development Authority created in Section 63H-1-201 .

(19)"Sales and use tax increment" means the amount of revenue a project area generates from sales and use tax that exceeds the amount of revenue from the sales and use tax that was generated in the project area for the established base year.

(20)"Specified event" means:

(a)for a local entity, triggering tax increment; or

(b)for a regional economic development authority, entering into a tax increment agreement or approving a bond authorization.

(21)"STATS" means the Statewide Tax Administration and Technology Solutions program, created in Section 59-1-1902 .

(22)"Tax increment" means property tax increment and sales and use tax increment.

(23)"Taxing entity" means a government entity that:

(a)imposes a tax on property located within a project area; or

(b)imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, within a project area.

(24)"TIF entity" means a political subdivision of the state that:

(a)for purposes of Part 2, Pre-increment Disclosure and Reporting, intends to engage in a specified event; and

(b)for purposes of Part 3, Tax Increment Receipt Reporting, receives or is authorized to receive tax increment for an approved project area.

(25)"Trigger date" means:

(a)except as provided in Subsections (25)(b) and

(c), the same as that term is defined in Section 11-58-601 ;

(b)for a project area created by the Military Installation Development Authority, the day on which the authority receives the first property tax allocation from the parcel; or

(c)for a project area created by the Utah Fairpark Area Investment and Restoration District, the same as the term "transition date" is defined in Section 11-70-101 .

Enacted by Chapter 274 , 2026 General Session