§ 17B-1-1404 — Basic special district authorized to create a public infrastructure district -- Basic special district authorized to fund certain projects and services.

(1) (1)(a) As used in this section, "eligible basic special district" means a basic special district:
(1)(a)(i) created before April 15, 2011;
(1)(a)(ii) that issued limited general obligation bonds in 2024; and
(1)(a)(iii) for which there was not one or more public infrastructure districts within the boundaries of the basic special district as of January 1, 2025.
(2) (2)(a) Subject to Subsection (3), an eligible basic special district may create a public infrastructure district, in accordance with Title 17D, Chapter 4, Public Infrastructure District Act, for any area located within the boundaries of the eligible basic special district.
(2)(b) An eligible basic special district that creates a public infrastructure district is the creating entity for purposes of Title 17D, Chapter 4, Public Infrastructure District Act, and shall receive any petitions required to be submitted to a creating entity.
(3) When a public infrastructure district is created pursuant to this section:
(3)(a) the public infrastructure district shall have the same powers as the eligible basic special district that is the public infrastructure district's creating entity; and
(3)(b) upon creation of the public infrastructure district, the area within the public infrastructure district shall automatically be withdrawn from the eligible basic special district and shall no longer be part of the eligible basic special district.
(4) In addition to the requirements of Section 17D-4-202, an eligible basic special district shall ensure that the governing document for a public infrastructure district created under this section provides for the election of the initial and future boards of the public infrastructure district using the same method as the election of the board of the eligible basic special district.
(5) In addition to the other powers described in this part, an eligible basic special district may:
(5)(a) fund, in whole or in part, the acquisition and construction of a public facility for use by one or more government entities;
(5)(b) transfer the eligible basic special district's ownership interest in a public facility to another political subdivision pursuant to a written agreement between the eligible basic special district and the receiving political subdivision; and
(5)(c) fund, in whole or in part, the acquisition or construction of:
(5)(c)(i) privately owned affordable housing, consisting of single-family dwellings or townhomes;
(5)(c)(ii) facilities for health care, recreation, community arts, or an amphitheater, whether those facilities are publicly or privately owned; and
(5)(c)(iii) a privately owned grocery store, if there is not a grocery store located within the eligible basic special district's boundary.

Legislative History

Enacted by Chapter 347, 2025 General Session