Entity Staff Report - 10/15/2021CITY COUNCIL OF SALT LAKE CITY
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COUNCIL STAFF Note
CITY COUNCIL of SALT LAKE CITY
TO:RDA Board Members
FROM: Ben Luedtke
Budget and Policy Analyst
DATE:September 14, 2021
RE: Redevelopment Agency (RDA)
Project Area Extensions due to the COVID-19 Pandemic
________________________________________________________________________________
This staff note provides context and policy questions staff has heard from Board Members. State law provides an
opportunity for RDA Boards to extend by two years the property tax increment collection period of project areas
negatively impacted by the pandemic. Examples of negative impacts include delayed implementation, cancelled or
scaled-back projects, and loss of property tax increment. Another requirement is that there must be a project area
plan adopted by the Board before December 31, 2019. This requirement is satisfied by all project areas listed in the
Additional Info section table.
Property tax increment collected during the two-year extension would still be subject to the project area plan and
allowable uses. Existing tax increment participation agreements would not be automatically extended with the
project area. December 31, 2021 is the deadline for the Board to adopt a resolution extending project areas under
this one-time option. See Attachment 1 for the authorizing legislation in Utah Code 17C-1-416.
POLICY QUESTIONS
1.School District and County Priorities for Additional Tax Increment – The Board may wish to
discuss with the Administration policy and priority feedback that Members heard from recent discussions
with School Board Members and County Council Members. For example, in a recent meeting some School
Board Members emphasized the importance of creating family-sized affordable housing, accessible
childcare, safe walking routes and green spaces to help stop and reverse student population declines.
2.Extending Other Project Areas – The Board may wish to discuss with the Administration the option of
extending project areas in addition to the four being recommended (CBD, Depot District, Granary District
and North Temple).
3.Estimates of Additional Property Tax Increment – The Board may wish to request the
Administration share estimates of how much additional property tax increment could be generated in the
project areas not currently recommended for extension. The amount of additional tax increment could
inform the Board’s deliberations on which project areas to extend and what uses are feasible at the
estimated funding levels.
Project Timeline:
1st Briefing: September 14, 2021
2nd Briefing: TBD
Potential Action: TBD
December 31, 2021 is the deadline for Board
action to extend project areas per State Law
Page | 2
4.Downtown Open Main Street Initiative (South Temple to 400 South) – The Board may wish to
ask the Administration for an update on how this initiative has performed and whether the goals such as
helping the Downtown recover are being met. The Board may also wish to ask if the Administration has
explored implementing the initiative for longer periods of time or even being permanent (recognizing
freight delivery and emergency response access would occasionally be needed).
5.Extension Increasing Bond Capacity in CBD and North Temple – The Board may wish to discuss
with the Administration how project area extensions would increase bond capacity to fund larger-scale
projects in the CBD and North Temple.
6.Adaptive Reuse Outside Granary District –Some Board Members have expressed interest in funding
a program like the Granary District adaptive reuse grant program in additional project areas. The Board
may wish to discuss with the Administration whether the project areas recommended for extension would
be good candidates for this concept, and if the existing program within the Granary District could also be
extended for an additional two-year period.
ADDITIONAL AND BACKGROUND INFORMATION
Project Area Expiration Dates
Project areas have a designated expiration (aka sunset) date. State law allows RDAs to continue spending tax
increment already collected in expired project areas such as Sugar House. Sometimes project areas can be
extended/renewed for a longer length which happened to the Central Business District. The table below
summarizes project area timeframes from creation to expiration.
Project Area
Initial
Collection
Year
Last
Collection
Year
Total #
Years T.I.
Collection
Central Business District*1983 2040 58
West Capitol Hill**1998 2022 25
Depot District 1999 2022 24
Granary District 2000 2023 24
North Temple 2012 2037 25
North Temple Viaduct CDA 2012 2037 25
Northwest Quadrant 2019 2038 20
Block 70 CDA 2016 2040 25
Stadler Rail 2019 2038 20
Block 67 2021 2040 20
9-Line 2021 2040 20
State Street 2021 2040 20
NOTE: Only project areas that generate tax increment are listed in the table
*The RDA Board extended the CBD from the original expiration year of 2007
** The RDA Board extended the original expiration year to focus on 300 West streetscape
improvements
ATTACHMENTS
1. Utah Code 17C-1-416 Extension of collection period for project areas impacted by COVID-19 emergency –
Requirements – Limitations
ACRONYMS
CBD – Central Business District
FY – Fiscal Year
RDA – Redevelopment Agency
TBD – To Be Determined
TI – Property Tax Increment
Utah Code
Page 1
Effective 8/31/2020
17C-1-416 Extension of collection period for project areas impacted by COVID-19
emergency -- Requirements -- Limitations.
(1) For purposes of this section:
(a) "COVID-19 emergency" means the same as that term is defined in Section 53-2c-102.
(b) "Extension period" means the period of an impacted project area's project area funds
collection period that is the result of an extension under this section.
(c) "Impacted project area" means a project area:
(i) from which an agency expects to receive tax increment;
(ii) that is subject to a project area funds collection period;
(iii) that is subject to a project area plan that was adopted on or before December 31, 2019; and
(iv) in which the agency determines the conditions resulting from the COVID-19 emergency will
likely:
(A) delay the agency's implementation of the project area plan; or
(B) cause the agency to receive an amount of tax increment from the project area that is less
than the amount of tax increment the agency expected the agency would receive from the
project area.
(d) "Tax increment" includes additional tax increment as that term is defined in Section
17C-1-403.
(2)
(a) Subject to Subsection (3), an agency may extend the project area funds collection period
of an impacted project area for a period not to exceed two years from the day on which the
project area funds collection period ends if:
(i) the board adopts a resolution on or before December 31, 2021, describing:
(A) the conditions resulting from the COVID-19 emergency that the board determines will
likely delay the implementation of the project area plan or reduce the amount of tax
increment that the agency receives from the impacted project area;
(B) why an extension of the project area funds collection period is needed; and
(C) the date on which the extension period will end; and
(ii) no later than November 1 of the year immediately preceding the year in which the project
area funds collection period, not including any extension under this section, ends, the
agency mails or electronically submits a copy of the resolution described in Subsection (2)
(a)(i) to:
(A) the State Tax Commission;
(B) the State Board of Education;
(C) the state auditor;
(D) the auditor of the county in which the impacted project area is located; and
(E) each taxing entity affected by the agency's collection of tax increment from the impacted
project area.
(b) Notwithstanding any other provision of law, an agency is not required to obtain taxing entity
or taxing entity committee approval to extend a project area funds collection period under this
section.
(c) An extension of a project area funds collection period under this section takes effect on the
day on which the agency mails or electronically submits a copy of the resolution described in
Subsection (2)(a)(i) to each entity specified in Subsection (2)(a)(ii).
(3)
(a) This section does not allow an agency to change:
Utah Code
Page 2
(i) the amount or percentage of tax increment that the agency is authorized to receive from the
impacted project area in the final two years of the project area funds collection period; or
(ii) the cumulative dollar amount of tax increment that the agency is authorized to receive from
the impacted project area, if the agency's receipt of tax increment is limited to a maximum
cumulative dollar amount.
(b) An agency that extends a project area funds collection period under this section shall use any
tax increment received during the extension period in the same manner as provided in:
(i) the project area plan; and
(ii)
(A) the project area budget; or
(B) the resolution or interlocal agreement authorizing the agency to receive tax increment
from the impacted project area.
(c)
(i) An extension of a project area funds collection period under this section does not
automatically extend the payment of tax increment under a previously approved
participation agreement for the extension period, regardless of any contrary term in the
participation agreement.
(ii) An agency that extends a project area funds collection period under this section may only
extend the payment of tax increment under a previously approved participation agreement
for the extension period by:
(A) amending the previously approved participation agreement; or
(B) entering into a new participation agreement.
(d) Nothing in this section limits the right of an agency to extend the agency's collection of tax
increment as otherwise provided in this title.
Enacted by Chapter 11, 2020 Special Session 6