11-13-310 - Termination of impact alleviation contract.
11-13-310. Termination of impact alleviation contract.
If the project or any part of it or the facilities providing additional project capacity or anypart of them, or the output from the project or facilities providing additional project capacitybecome subject, in addition to the requirements of Section 11-13-302, to ad valorem propertytaxation or other payments in lieu of ad valorem property taxation, or other form of taxequivalent payments to any candidate which is a party to an impact alleviation contract withrespect to the project or facilities providing additional project capacity or is receiving impactalleviation payments or means with respect to the project or facilities providing additional projectcapacity pursuant to a determination by the board, then the impact alleviation contract or therequirement to make impact alleviation payments or provide means therefor pursuant to thedetermination, as the case may be, shall, at the election of the candidate, terminate. In any event,each impact alleviation contract or determination order shall terminate upon the project, or, in thecase of facilities providing additional project capacity, those facilities becoming subject to theprovisions of Section 11-13-302, except that no impact alleviation contract or agreement enteredby a school district shall terminate because of in lieu ad valorem property tax fees levied underSubsection 11-13-302(2)(b)(i) or because of ad valorem property taxes levied under Section53A-17a-135 for the state minimum school program. In addition, if the construction of theproject, or, in the case of facilities providing additional project capacity, of those facilities, ispermanently terminated for any reason, each impact alleviation contract and determination order,and the payments and means required thereunder, shall terminate. No termination of an impactalleviation contract or determination order may terminate or reduce any liability previouslyincurred pursuant to the contract or determination order by the candidate beneficiary under it. Ifthe provisions of Section 11-13-302, or its successor, are held invalid by a court of competentjurisdiction, and no ad valorem taxes or other form of tax equivalent payments are payable, theremaining provisions of this chapter shall continue in operation without regard to thecommencement of commercial operation of the last generating unit of that project or of facilitiesproviding additional project capacity.
Amended by Chapter 21, 2003 General Session