63N-3a-402. Incentives prohibited -- Exception.

274 words·~1 min read·/ut/title-63n/chapter-3a/63n-3a-402

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

Effective 5/6/2026

(a)Except as provided in Subsection (1)(b) , a county or municipality may not offer an incentive for a large load data center that is not located within a zone.

(b)Subsection (1)(a) does not apply to:

(i)a project area established before May 6, 2027; or

(ii)an agreement between a county or municipality and a private entity that was executed before May 6, 2027.

(2)In addition to the requirements described in Part 2, Creation of Regionally Significant Development Zones, a creating entity that proposes a zone shall include in the proposal:

(a)a description of the proposed boundaries of the zone;

(b)an assessment of existing electrical energy infrastructure within and proximate to the proposed zone;

(c)a development plan that includes:

(i)anticipated infrastructure improvements;

(ii)projected economic benefits to the county or municipality; and

(iii)evidence of local support, as applicable; and

(d)any other information required by the committee.

(3)A proposal for a zone described in this part:

(a)shall include the diversion of all personal property tax revenue generated within the zone, as described in Subsection 63N-3a-203(4)(c)(ii) ; and

(b)may include a request to:

(i)capture up to 60% of the property tax increment generated within the zone; and

(ii)divert up to 100% of personal property tax revenue generated within the zone.

(4)A proposed zone may not overlap with:

(a)a project area designated by a community reinvestment agency; or

(b)a project area created by the Utah Inland Port Authority or the Military Installation Development Authority.

Enacted by Chapter 373 , 2026 General Session