(1) A local governmental unit, as defined in 15-24-3005, and a school district that receives impact fees pursuant to 15-24-3004(2)(a), 15-24-3005(2), or 15-24-3006 shall establish an electrical generation impact fund for the deposit of the fees.
A local governmental unit or school district may retain the money in the fund for
any time period considered appropriate by the governing body of the local governmental
unit or school district. Money retained in the fund may not be considered as fund balance for the purpose of
reducing mill levies.
(2) Money may be expended from the fund for any purpose allowed by law.
(3) Money in the fund must be invested as provided by law. Interest and income earned on the investment of money in the fund must be credited
to the fund.
(4) The fund must be financially administered as a nonbudgeted fund by a city, town,
or county under the provisions of Title 7, chapter 6, part 40, or by a school district
under the provisions of Title 20, chapter 9, part 5.
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