Creation of Governor's Office of Economic Opportunity

Utah Code tit. 63N, ch. 63N-1a, pt. 63N-1a-P3

in effect

Utah Code § 63N-1a-301 Creation of office -- Responsibilities.

63N-1a-301. Creation of office -- Responsibilities. (1) There is created the Governor's Office of Economic Development. (2) The office is: (a) responsible for creating and implementing the statewide economic development strategy that: (i) unifies and coordinates economic development efforts in the state; (ii) includes key performance indicators for long-term progress toward the state strategic goals; (iii) establishes reporting and accountability processes for the key performance indicators; and (iv) ensures the success of statewide economic development; and (b) the industrial and business promotion authority of the state. (3) The office shall: (a) consistent with the statewide economic development strategy, coordinate and align into a single effort the activities of the economic opportunity agencies in the field of economic development; (b) provide support and direction to economic opportunity agencies in establishing goals, metrics, and activities that align with the statewide economic development strategy; (c) administer and coordinate state and federal economic development grant programs; (d) promote and encourage the economic, commercial, financial, industrial, agricultural, and civic welfare of the state; (e) develop the statewide economic development strategy consistent with the state water policy described in Section 73-1-21, including the state's commitment to appropriate: (i) conservation; (ii) efficient and optimal use of water resources; (iii) infrastructure development and improvement; (iv) optimal agricultural use; (v) water quality; (vi) reasonable access to recreational activities; (vii) effective wastewater treatment; and (viii) protecting and restoring health ecosystems; (f) at least once every five years, identify which industry or groups of industries shall be targeted for economic development in the state; (g) promote and encourage the employment of workers in the state and the purchase of goods and services produced in the state by local businesses; (h) act to create, develop, attract, and retain business, industry, and commerce in the state: (i) in accordance with the statewide economic development strategy; and (ii) subject to the restrictions in Section 11-41-103; (i) act to enhance the state's economy; (j) analyze the state's projected long-term population and economic growth and plan for the anticipated impacts of the projected growth in a manner that improves quality of life and is consistent with the statewide economic development strategy and state strategic goals; (k) act to assist strategic industries that are likely to drive future economic growth; (l) assist communities in the state in developing economic development capacity and coordination with other communities; (m) develop strategies and plans to ensure comprehensive economic development efforts are targeted to the unique needs of rural areas of the state; (n) identify areas of education and workforce development in the state that can be improved to support economic and business development; (o) develop core strategic priorities for the office, which may include: (i) enhancing statewide access to entrepreneurship opportunities and small business support; (ii) focusing industry recruitment and expansion of targeted industries; (iii) ensuring that in awarding competitive economic development incentives the office accurately measures the benefits and costs of the incentives; and (iv) assisting communities with technical support to aid those communities in improving economic development opportunities; (p) submit an annual written report as described in Section 63N-1a-306; and (q) perform other duties as provided by the Legislature. (4) To perform the office's duties under this title, the office may: (a) enter into a contract or agreement with, or make a grant to, a public or private entity, including a municipality, if the contract or agreement is not in violation of state statute or other applicable law; (b) except as provided in Subsection (4)(c), receive and expend funds from a public or private source for any lawful purpose that is in the state's best interest; and (c) solicit and accept a contribution of money, services, or facilities from a public or private donor, but may not use the contribution for publicizing the exclusive interest of the donor. (5) Money received under Subsection (4)(c) shall be deposited into the General Fund as dedicated credits of the office. Amended by Chapter 343, 2026 General Session

Utah Code § 63N-1a-302 Executive director of office -- Appointment -- Removal -- Compensation.

63N-1a-302. Executive director of office -- Appointment -- Removal -- Compensation. (1) The office shall be administered, organized, and managed by an executive director appointed by the governor, with the advice and consent of the Senate. (2) The executive director serves at the pleasure of the governor. (3) The salary of the executive director shall be established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. Renumbered and Amended by Chapter 282, 2021 General Session

Utah Code § 63N-1a-303 Powers and duties of executive director.

63N-1a-303. Powers and duties of executive director. (1) Unless otherwise expressly provided by statute, the executive director may organize the office in any appropriate manner, including the appointment of deputy directors of the office. (2) The executive director may consolidate personnel and service functions for efficiency and economy in the office. (3) The executive director, with the approval of the governor: (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs; (b) may enter into a lawful contract or agreement with another state, a chamber of commerce organization, a service club, or a private entity; and (c) shall annually prepare and submit to the governor a budget of the office's financial requirements. (4) With the governor's approval, if a federal program requires the expenditure of state funds as a condition for the state to participate in a fund, property, or service, the executive director may expend necessary funds from money provided by the Legislature for the use of the office. (5) The executive director shall coordinate with the executive directors of the Department of Workforce Services and the Governor's Office of Planning and Budget to review data and metrics to be reported to the Legislature as described in Section 63N-1a-306. (6) The executive director shall: (a) receive guidance from the Economic Development Council created in Section 63N-1a-501; (b) establish and implement strategies to recruit industries identified by the Economic Development Council to locate in the state; (c) establish strategies for and actively support entrepreneurship, small business development, and existing small businesses in the state; (d) coordinate state and local efforts on economic development activities, including efforts led by: (i) the Utah Inland Port Authority created in Section 11-58-201; (ii) the Point of the Mountain State Land Authority created in Section 11-59-201; (iii) the Utah Lake Authority created in Section 11-65-201; (iv) the Utah Fairpark Area Investment and Restoration District created in Section 11-68-201; (v) the Military Installation Development Authority created in Section 63H-1-201; and (vi) regional associations of governments created under Title 11, Chapter 13, Interlocal Cooperation Act; (e) identify areas of the state for targeted economic development; (f) match areas of the state for targeted economic development, with targeted industries or businesses encouraged to permanently relocate to, or significantly expand operations in, the state; (g) ensure the office's efforts are, to the extent practicable, data-driven, evidence-based, and focused on developing human capital, physical capital, and innovation; and (h) support an integrated international trade strategy for the state. (7) Nothing in Subsection (6) shall be construed to: (a) give the executive director authority over an entity described in Subsection (6)(e); or (b) modify the legal status of a political subdivision. (8) Unless otherwise provided in this title, the executive director may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the administration of programs established under state law. Amended by Chapter 343, 2026 General Session

Utah Code § 63N-1a-304 Executive director and the Public Service Commission.

63N-1a-304. Executive director and the Public Service Commission. (1) The executive director or the executive director's designee shall: (a) become generally informed of significant rate cases and policy proceedings before the Public Service Commission; and (b) monitor and study the potential economic development impact of the proceedings. (2) In the discretion of the executive director or the executive director's designee, the office may appear in a proceeding before the Public Service Commission to testify, advise, or to present argument regarding the economic development impact of a matter that is the subject of the proceeding. Amended by Chapter 512, 2025 General Session

Utah Code § 63N-1a-305 Incentive review process.

63N-1a-305. Incentive review process. The office shall develop an incentive review process under the direction of the speaker of the House of Representatives and the president of the Senate. Amended by Chapter 512, 2025 General Session

Utah Code § 63N-1a-306 Annual report -- Content -- Format.

63N-1a-306. Annual report -- Content -- Format. (1) The office shall prepare and submit to the governor and the Legislature, by October 1 of each year, an annual written report of the operations, activities, programs, and services of the office, including the divisions, sections, boards, commissions, councils, and committees established under this title, for the preceding fiscal year. (2) For each operation, activity, program, or service provided by the office, the annual report shall include: (a) a description of the operation, activity, program, or service; (b) data and metrics: (i) selected and used by the office to measure progress, performance, effectiveness, and scope of the operation, activity, program, or service, including summary data; and (ii) that are consistent and comparable for each state operation, activity, program, or service that primarily involves employment training or placement as determined by the executive directors of the office, the Department of Workforce Services, and the Governor's Office of Planning and Budget; (c) budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service; (d) historical data from previous years for comparison with data reported under Subsections (2)(b) and (c); (e) goals, challenges, and achievements related to the operation, activity, program, or service; (f) relevant federal and state statutory references and requirements; (g) contact information of officials knowledgeable and responsible for each operation, activity, program, or service; and (h) other information determined by the office that: (i) may be needed, useful, or of historical significance; or (ii) promotes accountability and transparency for each operation, activity, program, or service with the public and elected officials. (3) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the Legislature. (4) The office shall: (a) submit the annual report in accordance with Section 68-3-14; and (b) make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the office's website. Amended by Chapter 512, 2025 General Session

Utah Code § 63N-1a-307 Restrictions on direct award grants.

63N-1a-307. Restrictions on direct award grants. (1) As used in this section, "direct award grant" means the same as that term is defined in Section 63G-6b-101. (2) In addition to the requirements of Title 63G, Chapter 6b, State Grants, the office may not distribute grant funds from a direct award grant to a recipient entity unless the office follows the standards or criteria established by the Legislature to distribute the pass through funding, as described in the applicable item of appropriation. (3) If an item of appropriation to the office for a direct award grant does not include any standards or criteria for distributing the grant funds, the funds shall lapse to the source fund at the end of the fiscal year, regardless of whether those funds are designated by law as nonlapsing. Amended by Chapter 300, 2024 General Session

Utah Code § 63N-1a-308 Office to maintain webpage for employers regarding employer-provided child care tax credits.

63N-1a-308. Office to maintain webpage for employers regarding employer-provided child care tax credits. (1) For purposes of this section, "employer-provided child care tax credits" means the nonrefundable income tax credits available to employers under Sections 59-7-627 and 59-10-1048. (2) The office shall develop and maintain a webpage on the office's public website through which employers may obtain information and resources regarding the employer-provided child care tax credits. (3) The webpage described in Subsection (2) shall: (a) provide a simple and easy-to-understand overview of the employer-provided child care tax credits, including the eligibility requirements and an explanation as to how the state's employer-provided child care tax credits relates to the federal employer-provided child care tax credit under Section 45F, Internal Revenue Code; (b) provide instructions to employers for how to claim an employer-provided child care tax credit, including: (i) a description of applicable filing deadlines; (ii) links for accessing any necessary forms or documentation; and (iii) contact information for relevant state or federal agencies, intermediaries, and other stakeholders that may be able to assist employers with claiming a tax credit; (c) provides examples of the various ways in which an employer may qualify to receive an employer-provided child care tax credit; and (d) includes any other information the office determines will increase employer awareness and the effectiveness of the employer-provided child care tax credits. (4) The office may coordinate with the State Tax Commission and any other relevant agencies in developing and maintaining the webpage required by this section. Enacted by Chapter 455, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title63N/Chapter1A/63N-1a-P3.html?v=C63N-1a-P3_2021050520210701Fetched: 10/26/2026