§ 63N-3-106 — Structure of loans, grants, and assistance -- Repayment -- Earned credits.

(1) (1)(a) Subject to Subsection (1)(b), the administrator has authority to determine the structure, amount, and nature of any loan, grant, or other financial assistance from the restricted account.
(1)(b) Loans made under this part shall be structured so the intended repayment or return to the state, including cash or credit, equals at least the amount of the assistance together with an annual interest charge as negotiated by the administrator.
(1)(c) Payments resulting from grants awarded from the restricted account shall be made only after the administrator has determined that the company has satisfied the conditions upon which the payment or earned credit was based.
(2) (2)(a) The administrator may provide for a system of earned credits that may be used to support grant payments or in lieu of cash repayment of a restricted account loan obligation.
(2)(b) The value of the credits described in Subsection (2)(a) shall be based on factors determined by the administrator, including:
(2)(b)(i) the number of Utah jobs created;
(2)(b)(ii) the increased economic activity in Utah; or
(2)(b)(iii) other events and activities that occur as a result of the restricted account assistance.
(3) (3)(a) A cash loan repayment or other cash recovery from a company receiving assistance under this section, including interest, shall be deposited into the restricted account.
(3)(b) The administrator and the Division of Finance shall determine the manner of recognizing and accounting for the earned credits used in lieu of loan repayments or to support grant payments as provided in Subsection (2).
(4) (4)(a) (4)(a)(i) At the end of each fiscal year, the Division of Finance shall transfer the balance of the General Fund revenue surplus as defined in Section 63J-1-312 after the transfers of General Fund revenue surplus described in Subsection (4)(b) to the Industrial Assistance Account in an amount equal to any credit that has accrued under this part.
(4)(a)(ii) The transfer under Subsection (4)(a)(i) is capped at $50,000,000and the Division of Finance shall deposit any interest accrued above the $50,000,000 cap into the General Fund.
(4)(b) The Division of Finance shall make the transfer required by Subsection (4)(a) after the Division of Finance transfers the General Fund revenue surplus to:
(4)(b)(i) the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as provided in Section 63J-1-315;
(4)(b)(ii) the General Fund Budget Reserve Account, as provided in Section 63J-1-312; and
(4)(b)(iii) as provided in Section 63J-1-314:
(4)(b)(iii)(A) the Utah Wildfire Fund; and
(4)(b)(iii)(B) the State Disaster Recovery Restricted Account.
(4)(c) These credit amounts may not be used for purposes of the restricted account as provided in this part until appropriated by the Legislature.

Legislative History

Amended by Chapter 113, 2025 General Session