11-41-202. Political subdivisions prohibited from providing incentives -- Exceptions.
(1) Beginning on May 6, 2027, except as provided in Subsectionsand (3), a political subdivision may not provide an incentive to a large load data center. (2)
(2) A municipality or county, or agency created by a municipality or county, may provide an incentive to a large load data center: only if the large load data center is located within a regionally significant development zone, as described in Title 63N, Chapter 3a, Part 4, Regionally Significant Zones with Energy Implications; and with regionally significant development zone funds described in Subsection. 63N-3a-403(5) A regional economic development authority may provide an incentive to a large load data center: if the large load data center is located in a project area created by the regional economic development authority; if the regional economic development authority's project area overlaps with a regionally significant development zone, as described in Subsection; and 63N-3a-208(7)(b) the incentive is funded by: regionally significant development zone funds described in Sectionthat have been shared with the regional economic development authority; or 63N-3a-403 the regional economic development authority's project area funds, subject to a maximum cap of 60% of property tax increment generated within the overlapping project area. A county that levies the county energy excise tax authorized in Sectionmay provide up to 80% of the revenue generated by the county energy excise tax as an incentive to a large load data center. 59-37-201 A municipality that levies the municipal energy tax authorized in Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act, may provide up to 80% of the revenue generated by the municipal energy tax as an incentive to a large load data center. A sales and use tax exemption described in Sectiondoes not constitute an incentive. 59-12-104
(3) A political subdivision that entered into an agreement to provide an incentive to a large load data center, or has adopted a survey area resolution in accordance with Sectionwith intent to provide an incentive to a large load data center, before May 6, 2027: 17C-5-103 may continue to provide the incentive according to the terms of the political subdivision's agreement; may not extend the term of the agreement; and may not increase the value of the incentive under the agreement.