Utah Code § 11-13-101 Title.
11-13-101. Title.
This chapter is known as the "Interlocal Cooperation Act."
Renumbered and Amended by Chapter 286, 2002 General Session
General Provisions
Utah Code tit. 11, ch. 11-13, pt. 11-13-P1
in effectUtah Code § 11-13-102 Purpose of chapter.
11-13-102. Purpose of chapter.
The purpose of this chapter is:
(1) to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and under forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and
(2) to provide the benefit of economy of scale, economic development, and utilization of natural resources for the overall promotion of the general welfare of the state.
Renumbered and Amended by Chapter 286, 2002 General Session
Utah Code § 11-13-103 Definitions.
11-13-103. Definitions.
As used in this chapter:
(1)
(a) "Additional project capacity" means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
(i) the owners of the new generating unit are the same as or different from the owner of the project; and
(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project.
(b) "Additional project capacity" does not mean or include replacement project capacity.
(2) "Board" means the Permanent Community Impact Fund Board created by Section 63N-24-504, and the board's successors.
(3) "Candidate" means one or more of:
(a) the state;
(b) a county, municipality, school district, special district, special service district, or other political subdivision of the state; and
(c) a prosecution district.
(4) "Commercial project entity" means a project entity, defined in Subsection (18), that:
(a) has no taxing authority; and
(b) is not supported in whole or in part by and does not expend or disburse tax revenues.
(5) "Direct impacts" means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is:
(a) owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and
(b) used to furnish fuel, construction, or operation materials for use in the project.
(6) "Electric interlocal entity" means an interlocal entity described in Subsection 11-13-203(3).
(7) "Energy services interlocal entity" means an interlocal entity that is described in Subsection 11-13-203(4).
(8)
(a) "Estimated electric requirements," when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b):
(i) generation capacity;
(ii) generation output; or
(iii) an electric energy production facility.
(b) An item listed in Subsection (8)(a) is included in "estimated electric requirements" if the item is needed by the qualified energy services interlocal entity to perform the qualified energy services interlocal entity's contractual or legal obligations to any of the qualified energy services interlocal entity's members.
(9)
(a) "Facilities providing replacement project capacity" means facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed to provide replacement project capacity.
(b) "Facilities providing replacement project capacity" includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or
(ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest.
(10) "Governing authority" means a governing board or joint administrator.
(11)
(a) "Governing board" means the body established in reliance on the authority provided under Subsection 11-13-206(1)(b) to govern an interlocal entity.
(b) "Governing board" includes a board of directors described in an agreement, as amended, that creates a project entity.
(c) "Governing board" does not include a board as defined in Subsection (2).
(12) "Interlocal entity" means:
(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
(b) a separate legal or administrative entity created under Section 11-13-205.
(13) "Joint administrator" means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking.
(14) "Joint or cooperative undertaking" means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity.
(15) "Member" means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203.
(16) "Out-of-state public agency" means a public agency as defined in Subsection (19)(c), (d), or (e).
(17)
(a) "Project":
(i) means an electric generation and transmission facility owned by a Utah interlocal entity or an electric interlocal entity; and
(ii) includes fuel facilities, fuel production facilities, fuel transportation facilities, energy storage facilities, or water facilities that are:
(A) owned by that Utah interlocal entity or electric interlocal entity; and
(B) required for the generation and transmission facility.
(b) "Project" includes a project entity's ownership interest in:
(i) facilities that provide additional project capacity;
(ii) facilities providing replacement project capacity;
(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
(iv) a Utah interlocal energy hub, as defined in Section 11-13-602.
(18) "Project entity" means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section.
(19) "Public agency" means:
(a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
(b) the state or any department, division, or agency of the state;
(c) any agency of the United States;
(d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
(e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(20) "Public agency insurance mutual" means the same as that term is defined in Subsection 31A-1-103(7).
(21) "Qualified energy services interlocal entity" means an energy services interlocal entity that at the time that the energy services interlocal entity acquires the energy services interlocal entity's interest in facilities providing additional project capacity has at least five members that are Utah public agencies.
(22) "Replacement project capacity" means electric generating capacity or transmission capacity that:
(a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and
(b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:
(i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;
(ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or
(iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project.
(23) "Reserve fund" means the same as that term is defined in Subsection 31A-1-103(7).
(24) "Transportation reinvestment zone" means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 63N-23-901.
(25) "Utah interlocal entity":
(a) means an interlocal entity described in Subsection 11-13-203(2); and
(b) includes a separate legal or administrative entity created under Laws of Utah 1977, Chapter 47, Section 3, as amended.
(26) "Utah public agency" means a public agency under Subsection (19)(a) or (b).
Amended by Chapter 393, 2026 General Session
Utah Code § 11-13-104 Interlocal entity required to provide leave to a legislator on an authorized legislative day.
11-13-104. Interlocal entity required to provide leave to a legislator on an authorized legislative day.
(1) As used in this section:
(a) "Authorized legislative day" means:
(i) the day on which the Legislature convenes in annual general session, and each day after that day, until midnight of the 45th day of the annual general session;
(ii) a special session day;
(iii) a veto override session day;
(iv) an interim day designated by the Legislative Management Committee;
(v) an authorized legislative training day; or
(vi) any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if:
(A) the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;
(B) the legislator's attendance at the meeting is approved by the Legislative Management Committee; and
(C) service and payment for service by the legislator is not in violation of the Utah Constitution, including Article V and Article VI, Sections 6 and 7.
(b) "Authorized legislative training day" means a day that a Legislative Expenses Oversight Committee designates as an authorized legislative day for training or informational purposes, including:
(i) chair training;
(ii) an issue briefing;
(iii) legislative leadership instruction;
(iv) legislative process training;
(v) legislative rules training;
(vi) new legislator orientation; or
(vii) another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties.
(c) "Legislator" means:
(i) a member of the Utah Senate;
(ii) a member of the Utah House of Representatives; or
(iii) an individual who has been elected as a member described in Subsection (1)(c)(i) or (ii), but has not yet been sworn in or begun the individual's term of office.
(d) "Retaliatory action" means to:
(i) dismiss the employee;
(ii) reduce the employee's compensation;
(iii) fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;
(iv) fail to promote the employee if the employee would have otherwise been promoted; or
(v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
(2) Except as provided in Subsection (4), an interlocal entity that employs an individual who is a legislator:
(a) shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;
(b) may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and
(c) may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).
(3) The leave described in Subsection (2) is leave without pay unless the interlocal entity and the individual described in Subsection (2) agree to terms that are more favorable to the individual.
(4) An interlocal entity is not required to comply with Subsection (2) if the governing authority of the interlocal entity determines that complying with the requirement would cause the interlocal entity significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the interlocal entity's operations.
Enacted by Chapter 402, 2024 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title11/Chapter13/11-13-P1.html?v=C11-13-P1_1800010118000101Fetched: 10/26/2026