Public-domain · open source
OpenJurist

Utah Code § 63N-3a-402

Incentives prohibited -- Exception

Enacted by Chapter 373, 2026 General Session

(1)

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.