(a) project area funds, project area incremental revenue as defined in Section 17C-1-1001, or property tax revenue as defined in Section 17C-1-1001 allocated for the purposes described in Section 17C-1-411; or (b) an agency's housing allocation. (31) (a) "Inactive airport site" means land that: (i) consists of at least 100 acres; (ii) is occupied by an airport: (A) (I) that is no longer in operation as an airport; or (II) (Aa) that is scheduled to be decommissioned; and (Bb) for which a replacement commercial service airport is under construction; and (B) that is owned or was formerly owned and operated by a public entity; and (iii) requires remediation because: (A) of the presence of hazardous waste or solid waste; or (B) the site lacks sufficient public infrastructure and facilities, including public roads, electric service, water system, and sewer system, needed to support development of the site. (b) "Inactive airport site" includes a perimeter of up to 2,500 feet around the land described in Subsection (31)(a). (32) (a) "Inactive industrial site" means land that: (i) consists of at least 1,000 acres; (ii) is occupied by an inactive or abandoned factory, smelter, or other heavy industrial facility; and (iii) requires remediation because of the presence of hazardous waste or solid waste. (b) "Inactive industrial site" includes a perimeter of up to 1,500 feet around the land described in Subsection (32)(a). (33) "Income targeted housing" means housing that is: (a) owned and occupied by a family whose annual income is at or below 120% of the median annual income for a family within the county in which the housing is located; or (b) occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. (34) "Incremental value" means a figure derived by multiplying the marginal value of the property located within a project area on which tax increment is collected by a number that represents the adjusted tax increment from that project area that is paid to the agency. (35) "Loan fund board" means the Olene Walker Housing Loan Fund Board, established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund. (36) (a) "Local government building" means a building owned and operated by a community for the primary purpose of providing one or more primary community functions, including: (i) a fire station; (ii) a police station; (iii) a city hall; or (iv) a court or other judicial building. (b) "Local government building" does not include a building the primary purpose of which is cultural or recreational in nature. (37) "Low-income individual" means the same as that term is defined in Section 35A-8-504.5. (38) "Major transit investment corridor" means the same as that term is defined in Section 10-20-102. (39) "Marginal value" means the difference between actual taxable value and base taxable value. (40) "Military installation project area" means a project area or a portion of a project area located within a federal military installation ordered closed by the federal Defense Base Realignment and Closure Commission. (41) "Municipality" means a city or town. (42) "Non-profit housing fund" means: (a) an organization that meets the definition of "housing organization" in Section 35A-8-2401; (b) a registered nonprofit that assists veterans or individuals who work in public service to achieve homeownership in the state; (c) a registered nonprofit that: (i) assists low-income individuals or families who would qualify for income targeted housing to achieve homeownership in the state; and (ii) provides direct support to help a low-income individual or a family eligible for income targeted housing to retain ownership of a home, including through rehabilitation services, lending for rehabilitation, or foreclosure mitigation counseling that results in retention of the home, refinancing, or a reverse mortgage; (d) a registered nonprofit that partners with a community to promote affordable housing for the workforce in that community; or (e) a registered nonprofit established to administer housing programs on behalf of an association representing 10 or more counties in the state. (43) "Participant" means one or more persons that enter into a participation agreement with an agency. (44) "Participation agreement" means a written agreement between a person and an agency under Subsection 17C-1-202(5). (45) "Plan hearing" means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1) (d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. (46) "Post-June 30, 1993, project area plan" means a project area plan adopted on or after July 1, 1993, and before May 10, 2016, whether or not amended after the project area plan's adoption. (47) "Pre-July 1, 1993, project area plan" means a project area plan adopted before July 1, 1993, whether or not amended after the project area plan's adoption. (48) "Private," with respect to real property, means property not owned by a public entity or any other governmental entity. (49) "Project area" means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. (50) "Project area budget" means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with: (a) for an urban renewal project area, Section 17C-2-201; (b) for an economic development project area, Section 17C-3-201; (c) for a community development project area, Section 17C-4-204; or (d) for a community reinvestment project area, Section 17C-5-302. (51) "Project area development" means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including: (a) promoting, creating, or retaining public or private jobs within the state or a community; (b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements; (c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues; (d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces; (e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures; (f) providing open space, including streets or other public grounds or space around buildings; (g) providing public or private buildings, infrastructure, structures, or improvements; (h) relocating a business; (i) improving public or private recreation areas or other public grounds; (j) eliminating a development impediment or the causes of a development impediment; (k) redevelopment as defined under the law in effect before May 1, 2006; or (l) any activity described in this Subsection (51) outside of a project area that the board determines to be a benefit to the project area. (52) "Project area funds" means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. (53) "Project area funds collection period" means the period of time that: (a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and (b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. (54) "Project area plan" means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. (55) (a) "Property tax" means each levy on an ad valorem basis on tangible or intangible personal or real property. (b) "Property tax" includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. (56) "Public entity" means: (a) the United States, including an agency of the United States; (b) the state, including any of the state's departments or agencies; or (c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. (57) "Publicly owned infrastructure and improvements" means water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or other facilities, infrastructure, and improvements benefitting the public and to be publicly owned or publicly maintained or operated. (58) "Record property owner" or "record owner of property" means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. (59) "Sales and use tax revenue" means revenue that is: (a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and (b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. (60) "Superfund site": (a) means an area included in the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9605; and (b) includes an area formerly included in the National Priorities List, as described in Subsection (60)(a), but removed from the list following remediation that leaves on site the waste that caused the area to be included in the National Priorities List. (61) "Survey area" means a geographic area designated for study by a survey area resolution to determine whether: (a) one or more project areas within the survey area are feasible; or (b) a development impediment exists within the survey area. (62) "Survey area resolution" means a resolution adopted by a board that designates a survey area. (63) "Taxable value" means: (a) the taxable value of all real property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, for the current year; (b) the taxable value of all real and personal property the commission assesses in accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and (c) the year end taxable value of all personal property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's tax rolls of the taxing entity. (64) (a) "Tax increment" means the difference between: (i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current final tax rate as defined in Section 17C-1-1001; and (ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current final tax rate as defined in Section 17C-1-1001. (b) "Tax increment" does not include taxes levied and collected under Section 59-2-1602 on or after January 1, 1994, upon the taxable property in the project area unless: (i) the project area plan was adopted before May 4, 1993, whether or not the project area plan was subsequently amended; and (ii) the taxes were pledged to support bond indebtedness or other contractual obligations of the agency. (65) "Taxing entity" means a public entity that: (a) levies a tax on property located within a project area; or (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. (66) "Taxing entity committee" means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. (67) "Unincorporated" means not within a municipality. (68) "Urban renewal project area plan" means a project area plan adopted under Chapter 2, Part 1, Urban Renewal Project Area Plan. (69) "Veteran" means the same as that term is defined in Section 68-3-12.5.
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