§ 11-70-206 — Applicability of other law -- Cooperation of state and local governments -- Municipal services -- Services from state agencies -- Procurement policy -- Public infrastructure district.

(1) With respect to the use or development of state-owned land, the fairpark district is not subject to:
(1)(a) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; or
(1)(b) the jurisdiction of a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, except to the extent that:
(1)(b)(i) some or all of the state land is, on January 1, 2024, included within the boundary of a special district or special service district; and
(1)(b)(ii) the fairpark district elects to receive service from the special district or special service district for the state land that is included within the boundary of the special district or special service district, respectively.
(2) The fairpark district has and may exercise all powers relating to the regulation of land uses on state-owned land.
(3) (3)(a) Subject to Subsections (3)(b) and (c), the fairpark district has and may exercise all powers relating to the regulation of land uses on privately owned land within the fairpark district boundary.
(3)(b) (3)(b)(i) Except as provided in Subsection (3)(d), land owned by a qualified owner is subject to a host municipality's land use authority under Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, if the qualified owner and the host municipality enter into an agreement, as provided in Subsection (3)(b)(ii), no later than December 31, 2024.
(3)(b)(ii) (3)(b)(ii)(A) An agreement under Subsection (3)(b)(i) shall require the host municipality to provide an expedited process for the review and approval of a qualified owner's completed land use application that complies with adopted land use regulations.
(3)(b)(ii)(B) In an agreement under Subsection (3)(b)(i), the host municipality shall agree to vest the qualified owner in any approved land use for a qualified stadium and related uses.
(3)(c) (3)(c)(i) If the board approves the addition of land owned by a qualified owner to the fairpark district boundary, the host municipality shall, within six months after the day of the board's approval, approve an amendment to the agreement established under Subsection (3)(b) to include the additional land.
(3)(c)(ii) A host municipality may not unreasonably withhold, delay, or condition approving the amendment described in Subsection (3)(c)(i).
(3)(c)(iii) If a host municipality fails to approve an amendment described in Subsection (3)(c)(i) within the time frame described in Subsection (3)(c)(i), the fairpark district shall become the land use authority for the additional land.
(3)(d) If an agreement under Subsection (3)(b) terminates for any reason described in the agreement or by operation of law, the fairpark district shall become the land use authority for the land that was subject to the agreement immediately upon termination of the agreement.
(3)(e) Upon expiration of the agreement described in Subsection (3)(b), the host municipality shall remain the sole land use authority for the land that was subject to the expired agreement.
(3)(f) A host municipality may not prohibit or condition the use of a qualified owner's land for a qualified stadium.
(3)(g) In making land use decisions affecting land within the fairpark district boundary that is subject to a host municipality's land use authority under this Subsection (3), the legislative body of the host municipality shall consider input from the board.
(4) (4)(a) No later than December 31, 2024, the host municipality and the host municipality's community reinvestment agency shall take all necessary actions to withdraw from the fairpark district boundary any area that is within a project area of the community reinvestment agency.
(4)(b) If land is added to the fairpark district boundary, the host municipality and the community reinvestment agency shall take all necessary actions to withdraw from the fairpark district boundary any area that is within a project area of the community reinvestment agency.
(5) A department, division, or other agency of the state and a political subdivision of the state shall cooperate with the fairpark district to the fullest extent possible to provide whatever support, information, or other assistance the board requests that is reasonably necessary to help the fairpark district fulfill the fairpark district's duties and responsibilities under this chapter.
(6) (6)(a) A host municipality shall provide the same municipal services to the area of the municipality that is within the fairpark district boundary as the municipality provides to other areas of the municipality with similar zoning and a similar development level.
(6)(b) The level and quality of municipal services that a host municipality provides within the fairpark district boundary shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level.
(6)(c) No later than December 31, 2024, the fairpark district and host municipality shall enter into an agreement providing for the fairpark district to reimburse the host municipality for services the host municipality provides to a project area.
(7) (7)(a) The fairpark district may request and, upon request, shall receive:
(7)(a)(i) fuel dispensing and motor pool services provided by the Division of Fleet Operations;
(7)(a)(ii) surplus property services provided by the Division of Purchasing and General Services;
(7)(a)(iii) information technology services provided by the Division of Technology Services;
(7)(a)(iv) archive services provided by the Division of Archives and Records Service;
(7)(a)(v) financial services provided by the Division of Finance;
(7)(a)(vi) human resources services provided by the Division of Human Resource Management;
(7)(a)(vii) legal services provided by the Office of the Attorney General; and
(7)(a)(viii) banking services provided by the Office of the State Treasurer.
(7)(b) Nothing in Subsection (7)(a) relieves the fairpark district of the obligation to pay the applicable fee for the service provided.
(8) (8)(a) To govern fairpark district procurements, the board shall adopt a procurement policy that the board reasonably determines to substantially fulfill the purposes described in Section 63G-6a-102.
(8)(b) The board may delegate to the executive director the responsibility to adopt a procurement policy.
(8)(c) The board's determination under Subsection (8)(a) is final and conclusive.
(9) No later than December 31, 2024, the board and the assessor of the county in which the fairpark district is located shall together determine the base taxable value of privately owned property within the fairpark district boundary.
(10) (10)(a) As used in this Subsection (10):
(10)(a)(i) "District ZIP area" means a ZIP area a majority of which includes land within the fairpark district boundary.
(10)(a)(ii) "ZIP area" means an area defined by the ZIP Code, as defined in Section 59-12-102, plus the four-digit deliver route extension.
(10)(b) No later than June 1, 2024, the State Tax Commission shall:
(10)(b)(i) define the area that consists of all district zip areas; and
(10)(b)(ii) provide a description of the area under Subsection (10)(b)(i) to the host municipality and the board.
(10)(c) The State Tax Commission shall annually:
(10)(c)(i) update the definition of the area under Subsection (10)(b)(i); and
(10)(c)(ii) provide the updated description to the host municipality and the board.
(11) (11)(a) (11)(a)(i) A public infrastructure district created by the fairpark district under Title 17D, Chapter 4, Public Infrastructure District Act, may, subject to limitations of that chapter, levy a property tax for the operations and maintenance of the public infrastructure district's financed public infrastructure and improvements, subject to a maximum rate of .015.
(11)(a)(ii) A levy under Subsection (11)(a)(i) may be separate from a public infrastructure district property tax levy for a bond.
(11)(b) If a public infrastructure district created by the fairpark district issues a bond:
(11)(b)(i) the public infrastructure district may:
(11)(b)(i)(A) delay the effective date of the property tax levy for the bond until after the period of capitalized interest payments; and
(11)(b)(i)(B) covenant with bondholders not to reduce or impair the property tax levy; and
(11)(b)(ii) notwithstanding a provision to the contrary in Title 17D, Chapter 4, Public Infrastructure District Act, the tax rate for the property tax levy for the bond may not exceed a rate that generates more revenue than required to pay the annual debt service of the bond plus administrative costs, subject to a maximum rate of .015.
(11)(c) (11)(c)(i) A public infrastructure district created by the fairpark district under Title 17D, Chapter 4, Public Infrastructure District Act, may create tax areas, as defined in Section 59-2-102, within the public infrastructure district and apply a different property tax rate to each tax area, subject to the maximum rate limitations described in Subsections (11)(a)(i) and (11)(b)(ii).
(11)(c)(ii) If a public infrastructure district created by the fairpark district issues bonds, the public infrastructure district may issue bonds secured by property taxes from:
(11)(c)(ii)(A) the entire public infrastructure district; or
(11)(c)(ii)(B) one or more tax areas within the public infrastructure district.
(11)(d) A public infrastructure district created by the fairpark district may use bond proceeds to:
(11)(d)(i) pay for public infrastructure and improvements; and
(11)(d)(ii) pay costs related to the development, operation, or maintenance of infrastructure described in Subsection (11)(d)(i).

Legislative History

Amended by Chapter 15, 2025 Special Session 1