State Housing Infrastructure Partnership

Utah Code tit. 63N, ch. 63N-3, pt. 63N-3-P18

in effect

Utah Code § 63N-3-1801 Definitions.

63N-3-1801. Definitions. As used in this part: (1) "Board" means the State Housing Infrastructure Partnership Board created in Section 63N-3-1803. (2) "Development agreement" means the same as that term is defined in Section 10-20-102. (3) "Fund" means the State Housing Infrastructure Partnership Fund created in Section 63N-3-1802. (4) "Housing development" means a land development proposal to construct new housing that a municipality or a county approves with a land use application, development agreement, or zone change. (5) "Infrastructure facility" means a facility used in connection with system-level infrastructure, including: (a) a drinking water facility; (b) a wastewater facility; (c) a sewer lift station; (d) a stormwater system; (e) a water drainage system; (f) a secondary water system; (g) power transmission and distribution lines, including burying of the lines; or (h) a regional transportation facility. (6) "Infrastructure loan" means a loan of fund money to finance a system improvement. (7) "Land use application" means the same as that term is defined in Section 10-20-102. (8) "Qualifying political subdivision" means: (a) a municipality; (b) a county; (c) a special district; (d) a special service district; (e) an agency as defined in Section 17C-1-102; or (f) the Point of the Mountain State Land Authority created in Section 11-59-201. (9) "Special district" means the same as that term is defined in Section 17B-1-102. (10) "Special service district" means the same as that term is defined in Section 17D-1-102. (11) (a) "System improvement" means a project to construct or improve a publicly owned: (i) highway, public transit facility, or paved pedestrian or non-motorized trail that is a part of: (A) the statewide long-range transportation plan; (B) a regional transportation plan of a metropolitan planning organization; or (C) a municipal or county general plan, transportation master plan, or economic development initiative; or (ii) infrastructure facility that is part of: (A) a municipal or county general plan, infrastructure plan, or economic development initiative; or (B) a special district infrastructure plan or strategic plan. (b) "System improvement" may include the costs of: (i) designing a project described in Subsection (11)(a); (ii) acquiring property for a project described in Subsection (11)(a); or (iii) environmental remediation for a project described in Subsection (11)(a). Enacted by Chapter 371, 2026 General Session

Utah Code § 63N-3-1802 State Housing Infrastructure Partnership Fund.

63N-3-1802. State Housing Infrastructure Partnership Fund. (1) There is created a revolving loan fund known as the "State Housing Infrastructure Partnership Fund." (2) The fund consists of money generated from the following revenue sources: (a) appropriations made to the fund by the Legislature; (b) amounts received for the repayment of infrastructure loans made by the board under this part; (c) grants, gifts, loans, or other funding from: (i) the federal government; or (ii) other public or private sources; and (d) interest or other earnings deposited under Subsection (3). (3) The state treasurer shall: (a) invest the money in the fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and (b) deposit all interest or other earnings derived from those investments into the fund. (4) Money in the fund may only be used for: (a) infrastructure loans made by the board under this part; and (b) the administrative costs incurred by the office, in an amount that does not exceed 1% of the revenues of the fund, including any appropriation to the fund, from: (i) implementing this part; and (ii) facilitating the implementation of Section 63A-2-412 and Subsection 72-5-117(2)(f). Enacted by Chapter 371, 2026 General Session

Utah Code § 63N-3-1803 State Housing Infrastructure Partnership Board.

63N-3-1803. State Housing Infrastructure Partnership Board. (1) There is created within the office the State Housing Infrastructure Partnership Board composed of: (a) five voting members as follows: (i) the executive director of the office or the executive director's designee; (ii) the executive director of the Department of Transportation or the executive director's designee; (iii) one member appointed by the governor; (iv) one member appointed by the president of the Senate; and (v) one member appointed by the speaker of the House of Representatives; and (b) any number of nonvoting members appointed by the chair and vice chair of the board. (2) (a) The members described in Subsections (1)(a)(iv) and (v) shall serve a four-year term. (b) When a vacancy occurs in a position described in Subsections (1)(a)(iv) and (v), the person that appointed the member shall appoint a new member for the unexpired term. (c) If a member described in Subsections (1)(a)(iv) and (v) leaves elected office, the appointing entity shall appoint a new member for the unexpired term. (3) (a) The voting members of the board shall elect a chair and vice chair from the board's voting members. (b) The chair and vice chair of the board shall serve a term of one year. (c) The chair of the board is responsible for the call and conduct of board meetings. (4) (a) A majority of the voting members of the board constitutes a quorum. (b) Action by a majority vote of a quorum of the board constitutes action by the board. (5) (a) A voting member of the board who is a legislator shall be paid salary and expenses in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. (b) A voting member of the board who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (6) A voting member of the board shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. (7) The office shall provide staff support to the board. Enacted by Chapter 371, 2026 General Session

Utah Code § 63N-3-1804 Board duties -- Annual report -- Rulemaking -- Study of economic effect by state treasurer.

63N-3-1804. Board duties -- Annual report -- Rulemaking -- Study of economic effect by state treasurer. (1) The board shall: (a) make infrastructure loans to qualifying political subdivisions for system improvements that will facilitate the construction of housing in accordance with Section 63N-3-1805; (b) for the infrastructure loans described in Subsection (1)(a): (i) establish criteria for determining infrastructure loan eligibility; (ii) establish criteria by which an infrastructure loan will be made and repaid; and (iii) determine the order in which system improvements will be funded; and (c) administer the fund in a manner that will keep a portion of the fund revolving. (2) On or before September 1 of each year, the board shall submit a written report to the Economic Development and Workforce Services Interim Committee and the Political Subdivisions Interim Committee that includes: (a) information regarding the activities of the board, including any rules made under Subsection (3); (b) the number and types of infrastructure loans made; (c) a list of qualifying political subdivisions that received an infrastructure loan; (d) the number of constructed housing units that each infrastructure loan facilitated; and (e) any recommendations for legislation. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and subject to any recommendations provided by the Economic Development and Workforce Services Interim Committee and the Political Subdivisions Interim Committee, the board may make rules governing: (a) management of the fund; and (b) infrastructure loan application requirements and eligibility review criteria. (4) (a) Beginning after June 30, 2028, the state treasurer shall conduct a study that analyzes whether the lending activity under this part resulted in measurable local economic benefits. (b) On or before October 1, 2028, the state treasurer shall submit a report summarizing the results of the study to the Legislative Management Committee and the governor. (c) The state treasurer may contract with a third party to complete the study and report described in this Subsection (4). Enacted by Chapter 371, 2026 General Session

Utah Code § 63N-3-1805 Infrastructure loans to qualifying political subdivisions -- Application -- Loan requirements.

63N-3-1805. Infrastructure loans to qualifying political subdivisions -- Application -- Loan requirements. (1) A qualifying political subdivision may receive an infrastructure loan under this part to finance a system improvement that will facilitate the construction of a housing development. (2) To receive an infrastructure loan, a qualifying political subdivision shall submit an application to the board that: (a) demonstrates: (i) the qualifying political subdivision has approved or will approve a housing development; (ii) the infrastructure loan will accelerate the completion of the housing development; (iii) the builder or developer of the housing development has agreed to, or will agree to, a specific timeline to complete the housing development if the board approves the infrastructure loan; (iv) the qualifying political subdivision will provide matching funds for the system improvement in an amount determined by the board; (v) the qualifying political subdivision has a primary revenue source for repaying the infrastructure loan; and (vi) if the qualifying political subdivision is a municipality or county, the qualifying political subdivision has adopted a moderate income housing plan that complies with Section 10-21-202 or 17-80-202; (b) identifies the qualifying political subdivision's current bonding capacity; and (c) includes any other information the board requires. (3) In considering an application for an infrastructure loan, the board shall: (a) give preference to a housing development that includes, as a substantial component, the construction of detached single-family owner-occupied starter homes; and (b) consider criteria including: (i) the number of housing units that may be built compared to the requested infrastructure loan amount; (ii) geographic diversity, including whether the applicant is urban or rural; (iii) the inclusion of affordable housing in the housing development; (iv) the inclusion of for-sale owner-occupied housing units in the housing development; (v) the likelihood that the housing development will be completed in accordance with the timeline described in Subsection (2)(a)(iii); (vi) the amount of matching funds the qualifying political subdivision will provide for the system improvement; (vii) other available sources of funding that may be used to construct the system improvement; and (viii) existing public facilities and services nearby the housing development. (4) The board shall ensure that each infrastructure loan: (a) is secured by any combination of revenue sources for the loan recipient, whether the revenue is actualized or anticipated, and which may include revenue the loan recipient receives from: (i) the imposition of property taxes; (ii) the collection of impact fees; (iii) the issuance of bonds; or (iv) any other revenue source the board determines to be sufficient for securing the infrastructure loan; (b) has a term that does not exceed 20 years, except as provided in Subsection (5)(b)(ii); (c) charges interest: (i) to a presumed repayment date established by the board, regardless of the actual repayment date; and (ii) at a rate that is within 1.5% of the federal funds rate target: (A) established by the Federal Open Market Committee; and (B) in effect on January 1 of the year in which the loan is made; and (d) specifies the terms and revenue sources for the loan recipient's repayment of the loan. (5) (a) The board may make one infrastructure loan to the Point of the Mountain State Land Authority created in Section 11-59-201. (b) The infrastructure loan described in Subsection (5)(a) may not exceed: (i) an amount of $18,000,000; and (ii) a term of three years. (6) In making infrastructure loans, the board may: (a) restructure all or part of a loan recipient's liability to repay an infrastructure loan for extenuating circumstances, subject to the requirements of Subsections (4) and (5); and (b) condition approval of an infrastructure loan on whatever assurances the board considers necessary to ensure that loan proceeds are used in accordance with this part. Enacted by Chapter 371, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title63N/Chapter3/63N-3-P18.html?v=C63N-3-P18_2026050620260506Fetched: 10/26/2026