(1) In addition to the provisions regarding creation of a local district in Chapter 1, Provisions Applicable to All Local Districts, a public infrastructure district may not be created unless: (a) if there are any registered voters within the applicable area, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the applicable area approving the creation of the public infrastructure district; and (b) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the applicable area consenting to the creation of the public infrastructure district.

(a) if there are any registered voters within the applicable area, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the applicable area approving the creation of the public infrastructure district; and

(b) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the applicable area consenting to the creation of the public infrastructure district.

(2) The election requirement of Section 17B-1-214 does not apply to a petition meeting the requirements of Subsection (1).

(3) (a) Notwithstanding Chapter 1, Part 4, Annexation, an area outside of the boundaries of a public infrastructure district may be annexed into the public infrastructure district after: (i) adoption of resolutions of the board and the creating entity, each approving of the annexation; (ii) if there are any registered voters within the area proposed to be annexed, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the area and approves of the annexation into the public infrastructure district; and (iii) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the area proposed to be annexed and consents to the annexation into the public infrastructure district. (b) Upon meeting the requirements of Subsection (3)(a), the board shall comply with the resolution and filing requirements of Subsections 17B-1-414(1) and (2). (c) (i) Notwithstanding Chapter 1, Part 5, Withdrawal, property may be withdrawn from a public infrastructure district after: (A) adoption of resolutions of the board and the creating entity, each approving of the annexation; (B) if there are any registered voters within the area proposed to be withdrawn, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the area and approves of the withdrawal from the public infrastructure district; and (C) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the area proposed to be withdrawn and consents to the withdrawal from the public infrastructure district. (ii) If any bonds that the public infrastructure district issues are allocable to the area to be withdrawn remain unpaid at the time of the proposed withdrawal, the property remains subject to any taxes, fees, or assessments that the public infrastructure district imposes until the bonds or any associated refunding bonds are paid. (d) Upon meeting the requirements of Subsection (3)(c), the board shall comply with the requirements of Section 17B-1-512.

(a) Notwithstanding Chapter 1, Part 4, Annexation, an area outside of the boundaries of a public infrastructure district may be annexed into the public infrastructure district after: (i) adoption of resolutions of the board and the creating entity, each approving of the annexation; (ii) if there are any registered voters within the area proposed to be annexed, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the area and approves of the annexation into the public infrastructure district; and (iii) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the area proposed to be annexed and consents to the annexation into the public infrastructure district.

(i) adoption of resolutions of the board and the creating entity, each approving of the annexation;

(ii) if there are any registered voters within the area proposed to be annexed, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the area and approves of the annexation into the public infrastructure district; and

(iii) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the area proposed to be annexed and consents to the annexation into the public infrastructure district.

(b) Upon meeting the requirements of Subsection (3)(a), the board shall comply with the resolution and filing requirements of Subsections 17B-1-414(1) and (2).

(c) (i) Notwithstanding Chapter 1, Part 5, Withdrawal, property may be withdrawn from a public infrastructure district after: (A) adoption of resolutions of the board and the creating entity, each approving of the annexation; (B) if there are any registered voters within the area proposed to be withdrawn, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the area and approves of the withdrawal from the public infrastructure district; and (C) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the area proposed to be withdrawn and consents to the withdrawal from the public infrastructure district. (ii) If any bonds that the public infrastructure district issues are allocable to the area to be withdrawn remain unpaid at the time of the proposed withdrawal, the property remains subject to any taxes, fees, or assessments that the public infrastructure district imposes until the bonds or any associated refunding bonds are paid.

(i) Notwithstanding Chapter 1, Part 5, Withdrawal, property may be withdrawn from a public infrastructure district after: (A) adoption of resolutions of the board and the creating entity, each approving of the annexation; (B) if there are any registered voters within the area proposed to be withdrawn, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the area and approves of the withdrawal from the public infrastructure district; and (C) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the area proposed to be withdrawn and consents to the withdrawal from the public infrastructure district.

(A) adoption of resolutions of the board and the creating entity, each approving of the annexation;

(B) if there are any registered voters within the area proposed to be withdrawn, a petition is filed with the creating entity that contains the signatures of 100% of registered voters within the area and approves of the withdrawal from the public infrastructure district; and

(C) a petition is filed with the creating entity that contains the signatures of 100% of surface property owners within the area proposed to be withdrawn and consents to the withdrawal from the public infrastructure district.

(ii) If any bonds that the public infrastructure district issues are allocable to the area to be withdrawn remain unpaid at the time of the proposed withdrawal, the property remains subject to any taxes, fees, or assessments that the public infrastructure district imposes until the bonds or any associated refunding bonds are paid.

(d) Upon meeting the requirements of Subsection (3)(c), the board shall comply with the requirements of Section 17B-1-512.

(4) The creating entity may impose limitations on the powers of the public infrastructure district through the governing document.

(5) (a) A public infrastructure district is separate and distinct from the creating entity. (b) (i) Except as provided in Subsection (5)(b)(ii), any financial burden of a public infrastructure district: (A) is borne solely by the public infrastructure district; and (B) is not borne by the creating entity or any municipality, county, the state, or any other political subdivision. (ii) Notwithstanding Subsection (5)(b)(i) and Section 17B-1-216, the governing document may require: (A) the district applicant to bear the initial costs of the public infrastructure district; and (B) the public infrastructure district to reimburse the district applicant for the initial costs the creating entity bears. (c) Any liability, judgment, or claim against a public infrastructure district: (i) is the sole responsibility of the public infrastructure district; and (ii) does not constitute a liability, judgment, or claim against the creating entity, the state, or any municipality, county, or other political subdivision. (d) (i) (A) The public infrastructure district solely bears the responsibility of any collection, enforcement, or foreclosure proceeding with regard to any tax, fee, or assessment the public infrastructure district imposes. (B) The creating entity does not bear the responsibility described in Subsection (5)(d)(i)(A). (ii) A public infrastructure district, and not the creating entity, shall undertake the enforcement responsibility described in, as applicable, Subsection (5)(d)(i) in accordance with Title 59, Chapter 2, Property Tax Act, or Title 11, Chapter 42, Assessment Area Act.

(a) A public infrastructure district is separate and distinct from the creating entity.

(b) (i) Except as provided in Subsection (5)(b)(ii), any financial burden of a public infrastructure district: (A) is borne solely by the public infrastructure district; and (B) is not borne by the creating entity or any municipality, county, the state, or any other political subdivision. (ii) Notwithstanding Subsection (5)(b)(i) and Section 17B-1-216, the governing document may require: (A) the district applicant to bear the initial costs of the public infrastructure district; and (B) the public infrastructure district to reimburse the district applicant for the initial costs the creating entity bears.

(i) Except as provided in Subsection (5)(b)(ii), any financial burden of a public infrastructure district: (A) is borne solely by the public infrastructure district; and (B) is not borne by the creating entity or any municipality, county, the state, or any other political subdivision.

(A) is borne solely by the public infrastructure district; and

(B) is not borne by the creating entity or any municipality, county, the state, or any other political subdivision.

(ii) Notwithstanding Subsection (5)(b)(i) and Section 17B-1-216, the governing document may require: (A) the district applicant to bear the initial costs of the public infrastructure district; and (B) the public infrastructure district to reimburse the district applicant for the initial costs the creating entity bears.

(A) the district applicant to bear the initial costs of the public infrastructure district; and

(B) the public infrastructure district to reimburse the district applicant for the initial costs the creating entity bears.

(c) Any liability, judgment, or claim against a public infrastructure district: (i) is the sole responsibility of the public infrastructure district; and (ii) does not constitute a liability, judgment, or claim against the creating entity, the state, or any municipality, county, or other political subdivision.

(i) is the sole responsibility of the public infrastructure district; and

(ii) does not constitute a liability, judgment, or claim against the creating entity, the state, or any municipality, county, or other political subdivision.

(d) (i) (A) The public infrastructure district solely bears the responsibility of any collection, enforcement, or foreclosure proceeding with regard to any tax, fee, or assessment the public infrastructure district imposes. (B) The creating entity does not bear the responsibility described in Subsection (5)(d)(i)(A). (ii) A public infrastructure district, and not the creating entity, shall undertake the enforcement responsibility described in, as applicable, Subsection (5)(d)(i) in accordance with Title 59, Chapter 2, Property Tax Act, or Title 11, Chapter 42, Assessment Area Act.

(i) (A) The public infrastructure district solely bears the responsibility of any collection, enforcement, or foreclosure proceeding with regard to any tax, fee, or assessment the public infrastructure district imposes. (B) The creating entity does not bear the responsibility described in Subsection (5)(d)(i)(A).

(A) The public infrastructure district solely bears the responsibility of any collection, enforcement, or foreclosure proceeding with regard to any tax, fee, or assessment the public infrastructure district imposes.

(B) The creating entity does not bear the responsibility described in Subsection (5)(d)(i)(A).

(ii) A public infrastructure district, and not the creating entity, shall undertake the enforcement responsibility described in, as applicable, Subsection (5)(d)(i) in accordance with Title 59, Chapter 2, Property Tax Act, or Title 11, Chapter 42, Assessment Area Act.

(6) The creating entity may establish criteria in determining whether to approve or disapprove of the creation of a public infrastructure district, including: (a) historical performance of the district applicant; (b) compliance with the creating entity's master plan; (c) credit worthiness of the district applicant; (d) plan of finance of the public infrastructure district; and (e) proposed development within the public infrastructure district.

(a) historical performance of the district applicant;

(b) compliance with the creating entity's master plan;

(c) credit worthiness of the district applicant;

(d) plan of finance of the public infrastructure district; and

(e) proposed development within the public infrastructure district.

(7) (a) The creation of a public infrastructure district is subject to the sole discretion of the creating entity responsible for approving or rejecting the creation of the public infrastructure district. (b) The proposed creating entity bears no liability for rejecting the proposed creation of a public infrastructure district.

(a) The creation of a public infrastructure district is subject to the sole discretion of the creating entity responsible for approving or rejecting the creation of the public infrastructure district.

(b) The proposed creating entity bears no liability for rejecting the proposed creation of a public infrastructure district.