§ 17C-1-406. Additional tax increment under certain post-June 30, 1993 project area plans.

(1) This section applies to a post-June 30, 1993 project area plan adopted before May 1, 2006.

(2) An agency may, without the approval of the taxing entity committee, elect to be paid 100% of annual tax increment for each year beyond the periods specified in Subsection 17C-1-404(2) to a maximum of 25 years, including the years the agency is paid tax increment under Subsection 17C-1-404(2), if:

(a) for an agency in a city in which is located all or a portion of an interchange on I-15 or that would directly benefit from an interchange on I-15:

(i) the tax increment paid to the agency during the additional years is used to pay some or all of the cost of the installation, construction, or reconstruction of:

(A) an interchange on I-15, whether or not the interchange is located within a project area; or

(B) frontage and other roads connecting to the interchange, as determined by the Department of Transportation created under Section 72-1-201 and the Transportation Commission created under Section 72-1-301, whether or not the frontage or other road is located within a project area; and

(ii) the installation, construction, or reconstruction of the interchange or frontage and other roads has begun on or before June 30, 2002; or

(b) for an agency in a city of the first or second class:

(i) the tax increment paid to the agency during the additional years is used to pay some or all of the cost of the land for and installation and construction of a recreational facility, as defined in Section 59-12-702, or a cultural facility, including parking and infrastructure improvements related to the recreational or cultural facility, whether or not the facility is located within a project area; and

(ii) the installation or construction of the recreational or cultural facility has begun on or before June 30, 2002.

(3) Notwithstanding any other provision of this section, an agency may use tax increment received under Subsection 17C-1-404(2) for any of the uses indicated in this section.

(4) Notwithstanding Subsection (2), a school district may not, without its consent, receive less tax increment because of application of Subsection (2) than it would have received without that subsection.

Enacted by Chapter 359, 2006 General Session