Section 305 – Impact alleviation requirements — Payments in lieu of ad valorem tax — Source of impact alleviation payment.
11-13-305. Impact alleviation requirements — Payments in lieu of ad valorem tax — Source of impact alleviation payment. (1) (a) (i) A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to candidates to alleviate impacts created by the construction or operation […]
Section 306 – Procedure in case of inability to formulate contract for impact alleviation.
11-13-306. Procedure in case of inability to formulate contract for impact alleviation. (1) If the project entity or other public agency and a candidate are unable to agree upon the terms of an impact alleviation contract or to agree that the candidate has or will experience any direct impacts, the project entity or other public […]
Section 307 – Method of amending impact alleviation contract.
11-13-307. Method of amending impact alleviation contract. An impact alleviation contract or a determination order may be amended with the consent of the parties, or otherwise in accordance with their provisions. In addition, any party may propose an amendment to a contract or order which, if not agreed to by the other parties, may be […]
Section 308 – Effect of failure to comply.
11-13-308. Effect of failure to comply. The construction or operation of a project or of facilities providing additional project capacity may commence and proceed, notwithstanding the fact that all impact alleviation contracts or determination orders with respect to the project or facilities providing additional project capacity have not been entered into or made or that […]
Section 309 – Venue for civil action — No trial de novo.
11-13-309. Venue for civil action — No trial de novo. (1) Any civil action seeking to challenge, enforce, or otherwise have reviewed, any order of the board, or any alleviation contract, shall be brought only in the district court for the county within which is located the candidate to which the order or contract pertains. […]
Section 310 – Termination of impact alleviation contract.
Affected by 63I-2-211 on 7/1/2023 Effective 5/8/2018 11-13-310. Termination of impact alleviation contract. If the project or any part of it or the facilities providing additional project capacity or any part of them, or the output from the project or facilities providing additional project capacity become subject, in addition to the requirements of Section 11-13-302, […]
Section 301 – Project entity and generation output requirements.
Effective 5/10/2016 11-13-301. Project entity and generation output requirements. (1) Each project entity: (a) shall: (i) except for construction of facilities providing replacement project capacity, before undertaking the construction of a project and before undertaking the construction of facilities to provide additional project capacity, offer to sell or make available at least 50% of the […]
Section 302 – Payment of fee in lieu of ad valorem property tax by certain energy suppliers — Method of calculating — Collection — Extent of tax lien.
Affected by 63I-2-211 on 7/1/2023 Effective 1/1/2023 11-13-302. Payment of fee in lieu of ad valorem property tax by certain energy suppliers — Method of calculating — Collection — Extent of tax lien. (1) (a) Each project entity created under this chapter that owns a project and that sells any capacity, service, or other benefit […]
Section 217 – Control and operation of joint facility or improvement provided by agreement.
Effective 5/12/2015 11-13-217. Control and operation of joint facility or improvement provided by agreement. Any facility or improvement jointly owned or jointly operated by any two or more public agencies or acquired or constructed pursuant to an agreement under this chapter may be operated by any one or more of the interested public agencies designated […]
Section 218 – Authority of public agencies or interlocal entities to issue bonds — Applicable provisions.
Effective 5/10/2016 11-13-218. Authority of public agencies or interlocal entities to issue bonds — Applicable provisions. (1) A public agency may, in the same manner as it may issue bonds for its individual acquisition of a facility or improvement or for constructing, improving, or extending a facility or improvement, issue bonds to: (a) acquire an […]