Commission briefed on statewide participation agreement tied to 95% threshold for settlement incentives

Commissioners received a briefing on a proposed statewide participation agreement tied to a settlement/allocation framework. Matt Muir and Joshua Harris (outside counsel) explained two "fail-safe" conditions: a state allocation agreement that sets how recovered funds are split and achieving 95% participation by population among participating entities.

Harris said his firm, which is part of a national consortium negotiating similar arrangements, has seen success in other states when large counties sign on first and smaller jurisdictions follow. Matt Muir and others advised that if either the allocation deal or the population-participation threshold fails, the participation agreement has a clause that stops the county from being bound.

Commissioners noted the 95% population threshold would include large counties such as Davis County and asked for clarification about how the population calculation works; counsel said it is calculated by population, not by the number of jurisdictions, and that staff would circulate details and any updates from the Utah Association of Counties regarding who is in or out.

What happens next: counsel recommended signing the participation agreement to help secure a more favorable recovery under the settlement incentives; the commission said it would consider the matter and look for follow-up information from UAC and counsel.