63H-1-201. Creation of military installation development authority -- Status and powers of authority -- Limitation.

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

Effective 5/7/2025

(1)There is created a military installation development authority.

(2)The authority is:

(a)an independent, nonprofit, separate body corporate and politic, with perpetual succession and statewide jurisdiction, whose purpose is to facilitate the development of land within a project area or on military land associated with a project area;

(b)a political subdivision of the state; and

(c)a public corporation, as defined in Section 63E-1-102 .

(3)The authority may:

(a)facilitate the development of land within one or more project areas, including the ongoing operation of facilities within a project area, or development of military land associated with a project area;

(b)sue and be sued;

(c)enter into contracts generally;

(d)by itself or through a subsidiary, buy, obtain an option upon, or otherwise acquire any interest in real or personal property:

(i)in a project area; or

(ii)outside a project area for public infrastructure and improvements, if the board considers the purchase, option, or other interest acquisition to be necessary for fulfilling the authority's development objectives;

(e)sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or personal property;

(f)enter into a lease agreement on real or personal property, either as lessee or lessor:

(i)in a project area; or

(ii)outside a project area, if the board considers the lease to be necessary for fulfilling the authority's development objectives;

(g)provide for the development of land within a project area or military land associated with the project area under one or more contracts;

(h)exercise powers and perform functions under a contract, as authorized in the contract;

(i)exercise exclusive police power within a project area to the same extent as though the authority were a municipality, including the collection of regulatory fees;

(j)receive the property tax allocation and other taxes and fees as provided in this chapter;

(k)accept financial or other assistance from any public or private source for the authority's activities, powers, and duties, and expend any funds so received for any of the purposes of this chapter;

(l)borrow money, contract with, or accept financial or other assistance from the federal government, a public entity, or any other source for any of the purposes of this chapter and comply with any conditions of the loan, contract, or assistance;

(m)issue bonds to finance the undertaking of any development objectives of the authority, including bonds under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and bonds under Title 11, Chapter 42, Assessment Area Act;

(n)hire employees, including contract employees;

(o)transact other business and exercise all other powers provided for in this chapter;

(p)enter into a development agreement with a developer of land within a project area;

(q)enter into an agreement with a political subdivision of the state under which the political subdivision provides one or more municipal services within a project area;

(r)enter into an agreement with a private contractor to provide one or more municipal services within a project area;

(s)provide for or finance an energy efficiency upgrade, a clean energy system, or electric vehicle charging infrastructure, as those terms are defined in Section 11-42a-102 , in accordance with Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act;

(t)exercise powers and perform functions that the authority is authorized by statute to exercise or perform;

(u)enter into an agreement with the federal government or an agency of the federal government under which the federal government or agency:

(i)provides law enforcement services only to military land within a project area; and

(ii)may enter into a mutual aid or other cooperative agreement with a law enforcement agency of the state or a political subdivision of the state;

(v)by itself or through a subsidiary, act as a facilitator under Title 63N, Chapter 13, Part 3, Facilitating Public-private Partnerships Act, to provide expertise and knowledge to another governmental entity interested in public-private partnerships;

(w)enter into an intergovernmental support agreement under Title 10, U.S.C. Sec. 2679 with the military to provide support services to the military in accordance with the agreement;

(x)act as a developer, or assist a developer chosen by the military, to develop military land as part of an enhanced use lease under Title 10, U.S.C. Sec. 2667;

(y)develop public infrastructure and improvements; and

(z)enter into an agreement with the state or any agency of the state, including entering into an agreement to use revenue generated from a project area outside the project area, if the project area is on land owned by the state or the state armory board created in Section 39A-2-101 .

(4)The authority may not itself provide law enforcement service or fire protection service within a project area but may enter into an agreement for one or both of those services, as provided in Subsection (3)(q).

(5)The authority shall provide support to a subsidiary that enters into an agreement under Subsection (3)(v) that the authority determines necessary for the subsidiary to fulfill the requirements of the agreement.

(6)Because providing procurement, utility, construction, and other services for use by a military installation, including providing public infrastructure and improvements for use or occupancy by the military, are core functions of the authority and are typically provided by a local government for the local government's own needs or use, these services provided by the authority for the military under this chapter are considered to be for the authority's own needs and use.

(7)A public infrastructure district created by the authority under Title 17D, Chapter 4, Public Infrastructure District Act, may be a subsidiary of the authority.

Amended by Chapter 490 , 2025 General Session