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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-305

A project entity may cover or alleviate direct project impacts, make loans to candidates for impact relief, and a candidate may require a contract for that relief except as Section 11-13-306 provides.…

Source excerpt

ad valorem tax substitutebond proceedscontract paymentsimpact alleviation paymentsproject financeproject financing
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

Purpose and legislative effect

“A project entity may cover or alleviate direct project impacts, make loans to candidates for impact relief, and a candidate may require a contract for that relief except as Section 11-13-306 provides. The project entity or other public agency must make in-lieu ad valorem tax payments at the time and in the manner requi”

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Subsection 11-13-305(1)(a)

A project entity may cover or alleviate the direct impacts of its project, and may make loans to candidates for impacts tied to certain facilities used for the project.

Section 11-13-305(1)(a)

Subsection 11-13-305(2)

A candidate may require a project entity, or certain public agencies with an interest in additional project capacity facilities, to enter a contract covering direct-impact alleviation, subject to other sections.

Section 11-13-305(2)

Subsection 11-13-305(4)

Payments under any impact alleviation contract or pursuant to a determination by the board shall be made from the proceeds of bonds issued for the project or for the facilities providing additional project capacity or from any other

Section 11-13-305(4)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 9 of 9 provisions

Provision 9

Part 11-13-3

part 11-13-3 Project Entity Provisions

§ 11-13-305Impact alleviation requirements -- Payments in lieu of ad valorem tax -- Source of impact alleviation payment.Provision

Source excerpt

A project entity may cover or alleviate direct project impacts, make loans to candidates for impact relief, and a candidate may require a contract for that relief except as Section 11-13-306 provides. The project entity or other public agency must make in-lieu ad valorem tax payments at the time and in the manner required by Section 11-13-302.

Impact alleviation requirements -- Payments in lieu of ad valorem tax -- Source of impact alleviation payment. A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to candidates to alleviate impacts created by the construction or operation of any facility owned by others which is utilized to furnish fuel, construction or operation materials for use in the project to the extent the impacts were attributable to the project. Provision for the alleviation may be made by contract as provided in Subsection (2) or by the terms of a determination order as provided in Section 11-13-306 . A Utah public agency that is not a project entity may take the actions set forth in this Subsection (1) as though it were a project entity with respect to its ownership interest in facilities providing additional project capacity. A candidate may, except as otherwise provided in Section 11-13-306 , require the project entity or, in the case of facilities providing additional project capacity, any other public agency that owns an interest in those facilities, to enter into a contract with the candidate requiring the project entity or other public agency to assume financial responsibility for or provide for the alleviation of any direct impacts experienced by the candidate as a result of the project or facilities providing additional project capacity, as the case may be. Each contract with respect to a project or facilities providing additional project capacity shall be for a term ending at or before the end of the fiscal year of the candidate who is party to the contract immediately before the fiscal year in which the project becomes, or, in the case of facilities providing additional project capacity, those facilities become subject to the fee set forth in Section 11-13-302 , unless terminated earlier as provided in Section 11-13-310 , and shall specify the direct impacts or methods to determine the direct impacts to be covered, the amounts, or methods of computing the amounts, of the alleviation payments, or the means to provide for impact alleviation, provisions assuring the timely completion of the project or facilities providing additional project capacity and the furnishing of the services, and such other pertinent matters as shall be agreed to by the project entity or other public agency and the candidate. Beginning at the time specified in Subsection 11-13-302(1) , the project entity or other public agency shall make in lieu ad valorem tax payments to that candidate to the extent required by, and in the manner provided in, Section 11-13-302 . Payments under any impact alleviation contract or pursuant to a determination by the board shall be made from the proceeds of bonds issued for the project or for the facilities providing additional project capacity or from any other sources of funds available with respect to the project or the facilities providing additional project capacity.
Section 11-13-305Verify source
§ 11-13-305(1)Subsection 11-13-305(1)Provision

Source excerpt

A project entity may cover or alleviate direct project impacts, make loans to candidates for that purpose, and a non-project Utah public agency may do the same for certain facilities tied to additional project capacity.

A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to candidates to alleviate impacts created by the construction or operation of any facility owned by others which is utilized to furnish fuel, construction or operation materials for use in the project to the extent the impacts were attributable to the project. Provision for the alleviation may be made by contract as provided in Subsection (2) or by the terms of a determination order as provided in Section 11-13-306 . A Utah public agency that is not a project entity may take the actions set forth in this Subsection (1) as though it were a project entity with respect to its ownership interest in facilities providing additional project capacity.
Section 11-13-305(1)Verify source
§ 11-13-305(1)(a)Subsection 11-13-305(1)(a)Provision

Source excerpt

A project entity may cover or alleviate the direct impacts of its project, and may make loans to candidates for impacts tied to certain facilities used for the project.

A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to candidates to alleviate impacts created by the construction or operation of any facility owned by others which is utilized to furnish fuel, construction or operation materials for use in the project to the extent the impacts were attributable to the project. Provision for the alleviation may be made by contract as provided in Subsection (2) or by the terms of a determination order as provided in Section 11-13-306 .
Section 11-13-305(1)(a)Verify source
§ 11-13-305(1)(a)(i)Subsection 11-13-305(1)(a)(i)Provision

Source excerpt

A project entity may pay for or otherwise help alleviate direct impacts of its project, and may make loans to candidates, subject to a causation limit tied to impacts attributable to the project.

A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to candidates to alleviate impacts created by the construction or operation of any facility owned by others which is utilized to furnish fuel, construction or operation materials for use in the project to the extent the impacts were attributable to the project.
Section 11-13-305(1)(a)(i)Verify source
§ 11-13-305(1)(a)(ii)Subsection 11-13-305(1)(a)(ii)Provision

Source excerpt

Alleviation may be provided by contract or by a determination order.

Provision for the alleviation may be made by contract as provided in Subsection (2) or by the terms of a determination order as provided in Section 11-13-306 .
Section 11-13-305(1)(a)(ii)Verify source
§ 11-13-305(1)(b)Subsection 11-13-305(1)(b)Provision

Source excerpt

A Utah public agency that is not a project entity may act as though it were a project entity for its ownership interest in facilities that provide additional project capacity.

A Utah public agency that is not a project entity may take the actions set forth in this Subsection (1) as though it were a project entity with respect to its ownership interest in facilities providing additional project capacity.
Section 11-13-305(1)(b)Verify source
§ 11-13-305(2)Subsection 11-13-305(2)Provision

Source excerpt

A candidate may require a project entity, or certain public agencies with an interest in additional project capacity facilities, to enter a contract covering direct-impact alleviation, subject to other sections.

A candidate may, except as otherwise provided in Section 11-13-306 , require the project entity or, in the case of facilities providing additional project capacity, any other public agency that owns an interest in those facilities, to enter into a contract with the candidate requiring the project entity or other public agency to assume financial responsibility for or provide for the alleviation of any direct impacts experienced by the candidate as a result of the project or facilities providing additional project capacity, as the case may be. Each contract with respect to a project or facilities providing additional project capacity shall be for a term ending at or before the end of the fiscal year of the candidate who is party to the contract immediately before the fiscal year in which the project becomes, or, in the case of facilities providing additional project capacity, those facilities become subject to the fee set forth in Section 11-13-302 , unless terminated earlier as provided in Section 11-13-310 , and shall specify the direct impacts or methods to determine the direct impacts to be covered, the amounts, or methods of computing the amounts, of the alleviation payments, or the means to provide for impact alleviation, provisions assuring the timely completion of the project or facilities providing additional project capacity and the furnishing of the services, and such other pertinent matters as shall be agreed to by the project entity or other public agency and the candidate.
Section 11-13-305(2)Verify source
§ 11-13-305(3)Subsection 11-13-305(3)Provision

Source excerpt

The project entity or other public agency must make in lieu ad valorem tax payments to the candidate, as required and carried out under Section 11-13-302.

Beginning at the time specified in Subsection 11-13-302(1) , the project entity or other public agency shall make in lieu ad valorem tax payments to that candidate to the extent required by, and in the manner provided in, Section 11-13-302 .
Section 11-13-305(3)Verify source
§ 11-13-305(4)Subsection 11-13-305(4)Provision

Source excerpt

Payments under any impact alleviation contract or pursuant to a determination by the board shall be made from the proceeds of bonds issued for the project or for the facilities providing additional project capacity or from any other

Payments under any impact alleviation contract or pursuant to a determination by the board shall be made from the proceeds of bonds issued for the project or for the facilities providing additional project capacity or from any other sources of funds available with respect to the project or the facilities providing additional project capacity.
Section 11-13-305(4)Verify source

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