reglab/statecodes huggingface dataset:
2023 Utah Code › Title 54 - Public Utilities › Chapter 8c - High Voltage Overhead Lines › Section 2 - Notification to public utility -- Protective measures -- Procedures -- Payment.

54-8c-2.
Notification to public utility -- Protective measures -- Procedures -- Payment.
(1) No person or thing may be brought within 10 feet of any high voltage overhead line unless:
(a) a responsible party has notified the public utility operating the high voltage overhead line of the intended activity; and
(b) a responsible party and the public utility have completed mutually satisfactory precautions for the activity.
(2) If the identity of the public utility owning or operating the high voltage overhead line is unknown, the county clerk in the county where the line is located shall provide the name, address, and telephone number of the utility's designated representative. If there is an association as provided in Section 54-8c-6 in the county, the association shall provide this information. The notification required in Subsection (1)(a) shall be given by telephone or in person and shall include the location and duration of the proposed activity.
(3) Mutually satisfactory precautions required in Subsection (1)(b) may include:
(a) coordination of work, construction, and activity schedules;
(b) placement of temporary mechanical barriers to separate and prevent contact between persons or things and the high voltage overhead line;
(c) temporary deenergization and grounding or temporary relocation or raising of the high voltage overhead line.
(4) If a responsible party is under contract or agreement with a governmental entity, and the governmental entity and the public utility operating the high voltage overhead line have already reached agreement concerning precautions, further agreements for the activity are not required.
(5) All responsible parties are obligated to pay to the public utility operating the high voltage overhead line the cost of mutually satisfactory precautions, except if:
(a) prior arrangements for payment have been made between a governmental entity for whom the work is to be done and the public utility operating the line; or
(b) the public utility operating the line has not installed the line in conformance with the National Electrical Safety Code or its preceding code in effect at the time the line was constructed.
(6)
(a) Unless other arrangements are necessary, the public utility operating the high voltage overhead line shall commence the precautionary measures:
(i) within three business days after the date an agreement for payment, if required, has been reached; or
(ii) if no payment is required, within five business days after the date of the request of a responsible party.
(b) The public utility shall not be required to provide the precautionary measures until an agreement for payment, if required, has been reached. Once started, the precautionary measures shall continue without unreasonable interruption until completed.
Enacted by Chapter 250, 1988 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8c - High Voltage Overhead Lines › Section 3 - Information filed with county clerk.

54-8c-3.
Information filed with county clerk.
(1) A public utility shall file with the county clerk of each county in which it has high voltage overhead lines a list containing:
(a) the name of the public utility owning the high voltage overhead lines;
(b) the name of any municipality, city, or town where the public utility operates high voltage overhead lines; and
(c) the name, title, and address of its representative designated to receive calls for activity close to its high voltage overhead lines.
(2) In counties where an association provided in Section 54-8c-6 is established, the telephone number of the association shall be filed with the county clerk on behalf of all participating public utilities.
Amended by Chapter 39, 1989 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8c - High Voltage Overhead Lines › Section 4 - Violation.

54-8c-4.
Violation.
(1) Any responsible party who causes, permits, or allows a function or an activity in violation of any provision of this chapter is subject to a civil penalty in an amount not to exceed $1,000, to be imposed by any court of competent jurisdiction against this party and in favor of the state. If imposed, the fine shall be paid into the General Fund.
(2) Actions to recover the civil penalty under this section shall be brought by a public utility or the county attorney of the county in which the violation occurs.
(3) A responsible party is liable to the public utility operating the high voltage overhead line for all damages to the facilities and for all liability incurred by the public utility as a result of any contact if:
(a) the responsible party causes, permits, or allows a function or an activity in violation of any provision of this chapter; and
(b) as a result, a physical or electrical contact with a high voltage overhead line occurs.
Enacted by Chapter 250, 1988 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8c - High Voltage Overhead Lines › Section 5 - Exemptions.

54-8c-5.
Exemptions.
This chapter does not apply to construction, reconstruction, operation, or maintenance by an authorized person of:
(1) overhead electrical, cable television, or communications circuits or conductors and their supporting structures;
(2) electrical generating, transmission, or distribution systems; or
(3) communications, cable television, or overhead lighting systems.
Enacted by Chapter 250, 1988 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 8c - High Voltage Overhead Lines › Section 6 - Association for mutual receipt of notification of activities close to high voltage overhead lines.

54-8c-6.
Association for mutual receipt of notification of activities close to high voltage overhead lines.
(1) Public utilities may form and operate an association providing for mutual receipt of notification of activities close to high voltage overhead lines in a specified area.
(2) In areas where an association is formed:
(a) notification to the association is effected as set forth in Section 54-8c-2; and
(b) public utilities with high voltage overhead lines in the area:
(i) may become members of the association;
(ii) may participate in and receive the services furnished by the association; and
(iii) shall pay their proportionate share of the cost for the services furnished.
(3) The association whose members or participants have high voltage overhead lines within a county shall file a list containing the name, address, and telephone number of every member and participating public utility with the county clerk.
(4) If notification is made by telephone, an adequate record shall be maintained by the association to document compliance with the requirements of this chapter.
Amended by Chapter 10, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 9 - Electric Power Facilities Act › Section 102 - Definitions.

54-9-102.
Definitions.
As used in this chapter:
(1) "Common facilities" means all works and facilities:
(a) owned or used by two or more public power entities or power utilities; and
(b) necessary to the generation, transmission, or distribution of electric power and energy.
(2) "Interlocal entity" has the same meaning as provided in Section 11-13-103.
(3) "Power utility":
(a) means a public agency, as defined in Section 11-13-103, or other person engaged in generating, transmitting, distributing, or marketing electric power and energy; and
(b) does not include a public power entity.
(4) "Public power entity" means:
(a) a city or town that owns a system for the generation, transmission, or distribution of electric power and energy for public or private use; and
(b) an interlocal entity.
Amended by Chapter 345, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 9 - Electric Power Facilities Act › Section 104 - Joint owners to supply materials, arrange for own financing, and share in costs and taxes -- Public power entity authority to finance through financing agent -- Common facilities owners authority to appoint an agent.

54-9-104.
Joint owners to supply materials, arrange for own financing, and share in costs and taxes -- Public power entity authority to finance through financing agent -- Common facilities owners authority to appoint an agent.
(1) The joint owners of the common facilities shall supply the materials and make the payments provided for in the agreement.
(2) Each owner shall arrange its own funding and financing and be responsible for all the costs, interest, and payments required in connection with its share of the funding for the planning, acquisition, construction, operation, repairs, and improvements, and each participant shall pay its share of taxes or charges in lieu of taxes in connection with the common facilities.
(3) Notwithstanding any other provision of this section, a public power entity may finance its funding share with one or more other owners through a financing agent, as long as no public power entity is liable for more than its proportionate share of the debt service with respect to the financing.
(4)
(a) The owners of common facilities may appoint as their agent:
(i) a public power entity or power utility that owns an interest in common facilities;
(ii) an interlocal entity of which a public power entity that owns an interest in the common facilities is a member;
(iii) an interlocal entity that owns electric generation or transmission facilities that are located on a site adjacent to the common facilities; or
(iv) a public agency that is an owner of the common facilities or that purchases power from a public agency that is an owner of the common facilities.
(b) One or more agents under Subsection (4)(a) may be appointed, as determined by the owners of the common facilities, for one or more of the following purposes:
(i) the construction, repair, administration, operation, or maintenance of the common facilities;
(ii) the administration and payment of, and any challenge or dispute regarding, any tax, fee in lieu of any tax, impact alleviation payment, or other fee or payment imposed by the state or a political subdivision of the state that relates to the common facilities; or
(iii) the financing of all or part of the common facilities under Subsection (3).
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 9 - Electric Power Facilities Act › Section 105 - Limitations on liability.

54-9-105.
Limitations on liability.
(1)
(a) Each public power entity and power utility may be held liable only for its own acts, omissions, and obligations with respect to the planning, financing, construction, acquisition, administration, operation, ownership, repair, or maintenance of the common facilities and may not be jointly or severally liable for the acts, omissions, or obligations of others.
(b) Subsection (1)(a) may not be construed to:
(i) affect the liability of a public power entity or power utility with respect to its contractual obligations, including a contractual obligation to indemnify a construction, operation, or administrative agent for the common facilities; or
(ii) affect an immunity or other protection that may be available to a public power entity or power utility under applicable law.
(2) No money, materials, or other contribution supplied by a public power entity may be credited or otherwise applied to the account of any other owner in the common facilities, nor may the undivided share of a public power entity be charged, directly or indirectly, with any debt or obligation of any other owner or be subject to any lien as a result thereof.
(3) No action in connection with common facilities may be binding upon a public power entity unless the action or the agreement under which the action is taken is authorized or approved by a resolution or ordinance of its governing body.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 9 - Electric Power Facilities Act › Section 107 - Disposition of proceeds and revenues.

54-9-107.
Disposition of proceeds and revenues.
All money belonging to a public power entity in connection with common facilities, including the proceeds of the sale of bonds and the revenues arising from the operation of common facilities:
(1) may be deposited in a bank or trust company doing business within or without the state; and
(2) shall be accounted for and disbursed in accordance with applicable law and the provisions of the resolution or indenture authorizing the issuance of the bonds.
Renumbered and Amended by Chapter 286, 2002 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 9 - Electric Power Facilities Act › Section 108 - Scope -- Ownership or use of works or facilities.

54-9-108.
Scope -- Ownership or use of works or facilities.
(1) Nothing in this chapter may be construed as imposing on an interlocal entity, as defined in Section 11-13-101, created on or before January 1, 1981, under Laws of Utah 1977, Chapter 47, Section 3, as amended, or in an agreement to which an interlocal entity is a party, any duty, requirement, or restriction other than those imposed by Title 11, Chapter 13, Interlocal Cooperation Act.
(2) For purposes of this chapter, a person does not own or use works or facilities if the person is a party to a power sales contract to purchase output generated by, the capacity of, or an entitlement in the works or facilities.
Enacted by Chapter 345, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 10a - Office of Consumer Services Act › Part 1 - General Provisions › Section 102 - Definitions.

54-10a-102.
Definitions.
For the purpose of this chapter:
(1) "Applicable public utility" means a public utility in this state for:
(a) natural gas;
(b) electricity; or
(c) telephone.
(2) "Committee" means the Committee of Consumer Services created in Section 54-10a-202.
(3) "Director" means the director of the office appointed under Section 54-10a-201.
(4) "Office" means the Office of Consumer Services created in Section 54-10a-201.
(5) "Residential consumer" is a customer or user of an applicable public utility who maintains a permanent residence within the state.
(6) "Small commercial consumer" is a person conducting a business enterprise, agriculture enterprise, or other enterprise in the state that has:
(a) less than 25 employees; or
(b) a gross income less than $1,000,000 annually.
Renumbered and Amended by Chapter 237, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 10a - Office of Consumer Services Act › Part 2 - Organization › Section 201 - Office of Consumer Services -- Director.

Effective 5/12/2020
54-10a-201.
Office of Consumer Services -- Director.
(1) There is created within the Department of Commerce the "Office of Consumer Services."
(2)
(a) The governor shall appoint, with the concurrence of the Committee of Consumer Services and the advice and consent of the Senate, a qualified person in the field of public utilities to be the director of the office.
(b) The director shall serve for a term of six years.
(c) For purposes of the individual who is the director on May 12, 2009, that individual's six-year term is considered to begin on July 1, 2009.
(d) The governor may remove the director for cause.
(3) In accordance with this chapter, the director shall on behalf of the office:
(a) represent residential consumers and small commercial consumers of an applicable public utility; and
(b) represent the interests of:
(i) residential consumers; and
(ii) small commercial consumers.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 10a - Office of Consumer Services Act › Part 2 - Organization › Section 202 - Committee of Consumer Services.

Affected by 63I-1-254 on 7/1/2025
Effective 5/12/2020
54-10a-202.
Committee of Consumer Services.
(1)
(a) There is created within the office a committee known as the "Committee of Consumer Services."
(b) A member of the committee shall maintain the member's principal residence within Utah.
(2)
(a) The governor shall appoint five members to the committee subject to Subsection (3).
(b) Except as required by Subsection (2)(c), as terms of current committee members expire, the governor shall appoint a new member or reappointed member to a four-year term.
(c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(d) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term.
(3) Members of the committee shall represent the following consumer interests:
(a) one member shall be an individual with experience and understanding of issues affecting low-income residents;
(b) one member shall be a retired person;
(c) one member shall be an individual with experience and understanding of issues affecting small commercial consumers;
(d) one member shall be a farmer or rancher who uses electric power to pump water in the member's farming or ranching operation; and
(e) one member shall be a residential consumer.
(4)
(a) No more than three members of the committee may be from the same political party.
(b) Subject to Subsection (3), for a member of the committee appointed on or after May 12, 2009, the governor shall appoint, to the extent possible, an individual with expertise or experience in:
(i) public utility matters related to consumers;
(ii) economics;
(iii) accounting;
(iv) financing;
(v) engineering; or
(vi) public utilities law.
(5) The governor shall designate one member as chair of the committee.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7)
(a) The committee may hold monthly meetings.
(b) The committee may hold other meetings, at the times and places the chair and a majority of the committee determine.
(8)
(a) Three members of the committee constitute a quorum of the committee.
(b) A majority of members voting when a quorum is present constitutes an action of the committee.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 10a - Office of Consumer Services Act › Part 2 - Organization › Section 203 - Attorney general to represent office.

54-10a-203.
Attorney general to represent office.
(1) The attorney general shall assign at least one attorney to the office to represent the office.
(2) An attorney assigned to the office under Subsection (1) shall represent the office at a hearing or other proceeding affecting the services, rates, or charges of an applicable public utility.
(3) An attorney assigned to the office may prosecute an action that the office considers necessary to enforce the rights of residential consumers and small commercial consumers of an applicable public utility.
Renumbered and Amended by Chapter 237, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 10a - Office of Consumer Services Act › Part 3 - Powers and Duties of Office › Section 301 - Powers and duties of office.

54-10a-301.
Powers and duties of office.
(1) The office shall:
(a) assess the impact of utility rate changes and other regulatory actions related to an applicable public utility on:
(i) residential consumers; and
(ii) small commercial consumers;
(b) assist a residential consumer or a small commercial consumer in appearing before the commission; and
(c) through its director, advocate, on the office's own behalf and in its own name, a position most advantageous to:
(i) residential consumers; and
(ii) small commercial consumers.
(2)
(a) The director may bring an original action in the name of the office before:
(i) the commission; or
(ii) a court having appellate jurisdiction over an order or decision of the commission.
(b) The director on behalf of the office may:
(i) commence an original proceeding, file a complaint, appear as a party, appeal, or otherwise represent residential consumers or small commercial consumers in a matter or a proceeding involving regulation of an applicable public utility pending before one or more of the following of the federal government:
(A) an officer, department, board, agency, commission, or governmental authority; or
(B) a court; or
(ii) intervene in, protest, resist, or advocate the granting, denial, or modification of a petition, application, complaint, or other proceeding, decision, or order of a governmental authority of the federal government.
Renumbered and Amended by Chapter 237, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 10a - Office of Consumer Services Act › Part 3 - Powers and Duties of Office › Section 302 - Powers of committee.

54-10a-302.
Powers of committee.
By a majority vote of a quorum of the committee, the committee may:
(1) advise the director as to a duty or power of the office under Section 54-10a-301; and
(2) give direction to the director on a policy objective related to a duty or power of the office under Section 54-10a-301 that serves the needs of residential consumers and small commercial consumers.
Enacted by Chapter 237, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 10a - Office of Consumer Services Act › Part 3 - Powers and Duties of Office › Section 303 - Representation of municipal electrical energy utility prohibited.

54-10a-303.
Representation of municipal electrical energy utility prohibited.
The office, director, or committee may not represent, assist, or be an advocate on behalf of a municipality, as defined in Section 10-1-104, that generates, transmits, or distributes electrical energy.
Renumbered and Amended by Chapter 237, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 12 - Small Power Production and Cogeneration › Section 1 - Legislative policy.

54-12-1.
Legislative policy.
(1) The Legislature declares that in order to promote the more rapid development of new sources of electrical energy, to maintain the economic vitality of the state through the continuing production of goods and the employment of its people, and to promote the efficient utilization and distribution of energy, it is desirable and necessary to encourage independent energy producers to competitively develop sources of electric energy not otherwise available to Utah businesses, residences, and industries served by electrical corporations, and to remove unnecessary barriers to energy transactions involving independent energy producers and electrical corporations.
(2) It is the policy of this state to encourage the development of independent and qualifying power production and cogeneration facilities, to promote a diverse array of economical and permanently sustainable energy resources in an environmentally acceptable manner, and to conserve our finite and expensive energy resources and provide for their most efficient and economic utilization.
Amended by Chapter 374, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 12 - Small Power Production and Cogeneration › Section 2 - Purchase of power from qualifying power producers.

54-12-2.
Purchase of power from qualifying power producers.
(1) Purchasing utilities shall offer to purchase power from qualifying power producers.
(2) The commission shall establish reasonable rates, terms, and conditions for the purchase or sale of electricity or electrical generating capacity, or both, between a purchasing utility and a qualifying power producer. In establishing these rates, terms, and conditions, the commission shall either establish a procedure under which qualifying power producers offer competitive bids for the sale of power to purchasing utilities or devise an alternative method which considers the purchasing utility's avoided costs. The capacity component of avoided costs shall reflect the purchasing utility's long-term deferral or cancellation of generating units which may result from the purchase of power from qualifying power producers.
(3) Purchasing utilities and qualifying power producers may agree to rates, terms, or conditions for the sale of electricity or electrical capacity which differ from the rates, terms, and conditions adopted by the commission under Subsection (2).
(4) The commission may adopt further rules which encourage the development of small power production and cogeneration facilities.
Amended by Chapter 374, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 12 - Small Power Production and Cogeneration › Section 3 - Recovery of investment costs.

54-12-3.
Recovery of investment costs.
The commission may not consider any purchasing utility's purchase of power from a qualifying power producer as a reason for disallowing recovery of the purchasing utility's investment costs for facilities which are in use prior to signing a contract for the purchase of power from a qualifying power producer.
Amended by Chapter 374, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 13 - Natural Gas Pipeline Safety › Section 1 - Definitions.

54-13-1.
Definitions.
As used in this chapter, "intrastate pipeline transportation" and "pipeline facilities" have the definitions set forth in the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. Section 60101.
Amended by Chapter 9, 2001 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 13 - Natural Gas Pipeline Safety › Section 2 - Commission's responsibilities.

54-13-2.
Commission's responsibilities.
The commission is responsible for establishing safety standards and practices for intrastate pipeline transportation and shall make and enforce rules required by the federal Natural Gas Pipeline Safety Act to maintain state control over the regulation of intrastate pipeline transportation.
Enacted by Chapter 131, 1989 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 13 - Natural Gas Pipeline Safety › Section 3 - Rules.

Effective 5/12/2015
54-13-3.
Rules.
The commission shall adopt and enforce rules pursuant to Section 54-13-2 including rules which:
(1) incorporate the safety standards established under the federal Natural Gas Pipeline Safety Act that are applicable to intrastate pipeline transportation; and
(2) require persons engaged in intrastate pipeline transportation to:
(a) maintain records and to submit reports and information to the commission to enable the commission to determine whether the person is acting in compliance with this chapter or rules adopted under this chapter; and
(b) maintain a plan for inspection and maintenance of each pipeline facility that is available to the commission upon commission request.
Amended by Chapter 102, 2015 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 13 - Natural Gas Pipeline Safety › Section 4 - Inspection and examination of records and properties.

54-13-4.
Inspection and examination of records and properties.
Officers, employees, or agents authorized by the commission, upon presenting appropriate credentials to the person in charge, may inspect and examine, at reasonable times and in a reasonable manner, the records and properties of any person engaged in intrastate pipeline transportation to the extent those records and properties are relevant to determining whether the person is acting in compliance with this chapter or rules under this chapter.
Enacted by Chapter 131, 1989 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 13 - Natural Gas Pipeline Safety › Section 5 - Establishment of fee.

54-13-5.
Establishment of fee.
The commission may, by rule, establish a fee for the inspection of pipeline facilities of any person engaged in intrastate pipeline transportation who does not pay a public utilities regulation fee pursuant to Title 54, Chapter 5, Public Utilities Regulation Fee.
Enacted by Chapter 131, 1989 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 13 - Natural Gas Pipeline Safety › Section 7 - Minimum distances for placement of structures and facilities near main and transmission lines.

54-13-7.
Minimum distances for placement of structures and facilities near main and transmission lines.
(1) As used in this section:
(a) "Main" has the meaning set forth in 49 C.F.R. Section 192.3.
(b) "Minimum distance" means:
(i) the width of a recorded easement when the width is described;
(ii) 15 feet when the width of a recorded easement is undefined; or
(iii) for any underground facility, it means an area measured one foot vertically and three feet horizontally from the outer surface of a main or transmission line.
(c) "Transmission line" has the meaning set forth in 49 C.F.R. Section 192.3.
(d) "Underground facility" has the meaning set forth in Section 54-8a-2.
(2)
(a) After April 30, 1995, a building or structure requiring slab support or footings, or an underground facility may not be placed within the minimum distance of a main or transmission line.
(b) Subsection (2)(a) does not apply if:
(i) the building or structure is used for public or railroad transportation, natural gas pipeline purposes, or by a public utility subject to the jurisdiction or regulation of the Public Service Commission;
(ii) in order to receive natural gas service, the building or structure must be located within the minimum distance of the pipeline;
(iii) the owner or operator of the main or transmission line has been notified prior to construction or placement pursuant to Section 54-8a-4 and has given written permission; or
(iv) the commission by rule exempts such action from the provisions of Subsection (2)(a).
(3) An owner or operator of a main or transmission line may obtain a mandatory injunction from the district court of the judicial district in which the main or transmission line is located against any person who violates Subsection (2).
(4) The penalties specified in Title 54, Chapter 7, Hearings, Practice, and Procedure, do not apply to a violation of this section.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 13 - Natural Gas Pipeline Safety › Section 8 - Violation of chapter -- Penalty.

Effective 5/12/2015
54-13-8.
Violation of chapter -- Penalty.
(1) Any person engaged in intrastate pipeline transportation who is determined by the commission, after notice and an opportunity for a hearing, to have violated any provision of this chapter or any rule or order issued under this chapter, is liable for a civil penalty of not more than $100,000 for each violation for each day the violation persists.
(2) The maximum civil penalty assessed under this section may not exceed $1,000,000 for any related series of violations.
(3) The amount of the penalty shall be assessed by the commission by written notice.
(4) In determining the amount of the penalty, the commission shall consider:
(a) the nature, circumstances, and gravity of the violation; and
(b) with respect to the person found to have committed the violation:
(i) the degree of culpability;
(ii) any history of prior violations;
(iii) the effect on the person's ability to continue to do business;
(iv) any good faith in attempting to achieve compliance;
(v) the person's ability to pay the penalty; and
(vi) any other matter, as justice may require.
(5)
(a) A civil penalty assessed under this section may be recovered in an action brought by the attorney general on behalf of the state in the appropriate district court, or before referral to the attorney general, it may be compromised by the commission.
(b) The amount of the penalty, when finally determined, or agreed upon in compromise, may be deducted from any sum owed by the state to the person charged.
(6) Any penalty collected under this section shall be deposited in the General Fund.
Amended by Chapter 102, 2015 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 1 - General Provisions › Section 102 - Legislative findings.

54-14-102.
Legislative findings.
(1)
(a) The Legislature finds that the construction of facilities by public utilities under this title is a matter of statewide concern.
(b) The construction of these facilities may affect the safety, reliability, adequacy, and efficiency of service to customers in areas within the jurisdiction of more than a single local government.
(c) Excess costs imposed by requirements of a local government for the construction of facilities may affect either the rates and charges of the public utility to customers other than customers within the jurisdiction of the local government or the financial viability of the public utility, unless the local government pays for those excess costs.
(2) The Legislature finds that it is in the public interest to establish the Utility Facility Review Board to resolve issues regarding the construction and installation of public utility facilities.
Amended by Chapter 242, 2007 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 1 - General Provisions › Section 104 - Rules and procedures.

54-14-104.
Rules and procedures.
The board may, pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules governing proceedings under this chapter consistent with this chapter and Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 2 - Conditions on Siting of Facilities › Section 201 - Conditions on siting of facilities by local governments -- Payment of actual excess costs.

54-14-201.
Conditions on siting of facilities by local governments -- Payment of actual excess costs.
If otherwise authorized by law, a local government may require or condition the construction of a facility in any manner if:
(1) the requirements or conditions do not impair the ability of the public utility to provide safe, reliable, and adequate service to its customers; and
(2) the local government pays for the actual excess cost resulting from the requirements or conditions, except:
(a) any actual excess costs that the public utility collects from its customers pursuant to an order, rule, or regulation of the commission; or
(b) any portion of the actual excess costs that the board requires to be borne by the public utility.
Enacted by Chapter 197, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 2 - Conditions on Siting of Facilities › Section 202 - Public utility to provide standard cost and estimated excess cost.

54-14-202.
Public utility to provide standard cost and estimated excess cost.
(1)
(a) A public utility shall provide the information described in Subsection (1)(b) if a local government:
(i) is considering imposing requirements or conditions on construction of a facility that may result in an estimated excess cost and requests that the public utility provide the estimated excess cost; or
(ii) recommends an alternative to the public utility's proposed high voltage transmission line corridor in accordance with the provisions of Title 54, Chapter 18, Siting of High Voltage Power Line Act.
(b) Subject to Subsection (1)(a), a public utility shall provide to the local government:
(i)
(A) the estimated standard cost of the facility; and
(B) the estimated excess cost of the facility if constructed in accordance with local government requirements or conditions; and
(ii) the estimated cost of the alternative line corridor proposed by a local government provided that all affected land use authorities agree to the alternative line corridor proposed by the local government.
(2) If a public utility does not provide the information as described in Subsection (1), the local government may:
(a) appeal to the board; and
(b) request that the board review the information provided by the public utility.
(3)
(a) If the board finds that the public utility has failed to provide the standard costs and estimated excess costs in accordance with the provisions of Subsection (1), the board may request additional information from the public utility.
(b) In accordance with Subsection (3)(a), a public utility shall provide any information requested by the board within 30 days of the day that the request was made.
(c) If a public utility fails to comply with Subsections (3)(a) and (b), the board may suspend issuing its written decision in accordance with Section 54-14-305 for 30 days after the day on which the public utility provides the information requested under Subsection (3)(a).
Amended by Chapter 316, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 2 - Conditions on Siting of Facilities › Section 203 - Actual excess cost.

54-14-203.
Actual excess cost.
(1) If a local government issues a permit, authorization, approval, exception, or waiver based upon its agreement to pay for the actual excess cost of a facility, the local government shall within 30 days either accept the estimate of excess cost as the actual excess cost of a facility or request the public utility to obtain competitive bids for the facility if constructed in accordance with the requirements and conditions of the local government.
(2) If the local government requests the public utility to obtain competitive bids, the public utility shall obtain competitive bids, and the actual excess cost of the facility shall be the difference between the lowest bid acceptable to the public utility plus the public utility's contract administration and oversight expense and the standard cost of the facility.
(3) Any dispute regarding specifications, lowest acceptable bid, or administration and oversight expense shall be resolved by the board on an expedited basis.
Enacted by Chapter 197, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 2 - Conditions on Siting of Facilities › Section 204 - Requirements or conditions on facility considered waived if local government does not pay for actual excess cost 30 days before construction.

54-14-204.
Requirements or conditions on facility considered waived if local government does not pay for actual excess cost 30 days before construction.
Any requirement or condition in any permit, authorization, approval, exception, or waiver of a local government for a facility that imposes an actual excess cost shall be considered waived if the local government does not pay the public utility for the actual excess cost, except any actual excess costs specified in Subsection 54-14-201(2)(a) or (2)(b), within 30 days before the date construction of the facility should commence in order to avoid a significant risk of impairment of safe, reliable, and adequate service to customers of the public utility.
Enacted by Chapter 197, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 3 - Utility Facility Review Board › Section 301 - Creation, purpose, and composition of board.

54-14-301.
Creation, purpose, and composition of board.
(1) The Utility Facility Review Board is created to resolve disputes between local governments and public utilities regarding the siting and construction of facilities as provided in this part.
(2) The board shall be composed of:
(a) the three members of the commission;
(b) an individual appointed by the governor from a list of nominees of the Utah League of Cities and Towns; and
(c) an individual appointed by the governor from a list of nominees of the Utah Association of Counties.
(3) The chair of the commission shall serve as chair of the board.
(4) Members of the commission shall serve as members of the board during their terms of office as commissioners and until their successors on the commission have been appointed and taken office.
(5)
(a) Members of the board who are not commissioners:
(i) shall have four-year terms, except the initial term of the individual first appointed by the governor from nominees of the Utah Association of Counties shall be two years;
(ii) may be appointed for one succeeding term; and
(iii) may continue to serve until their successor takes office.
(b) Vacancies in the board of members who are not commissioners shall be filled for the unexpired term.
(6) Three members of the board constitute a quorum.
(7) A member of the board may be removed for cause by the governor.
(8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 89, 2013 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 3 - Utility Facility Review Board › Section 302 - Staff and support for board.

54-14-302.
Staff and support for board.
The Department of Commerce and the commission shall provide any staff, services, or meeting rooms the board requires to perform its duties.
Enacted by Chapter 197, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 3 - Utility Facility Review Board › Section 304 - Initial hearing.

54-14-304.
Initial hearing.
(1) The board shall convene an initial hearing within 50 days after the date review is initiated.
(2) At the initial hearing, the board shall:
(a) determine how the review will take place, including whether it will be conducted as a formal or informal adjudicative proceeding; and
(b) set a schedule for the review proceeding.
(3) The board shall hold a hearing on the merits within 60 days after the initial hearing.
Amended by Chapter 89, 2013 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 3 - Utility Facility Review Board › Section 306 - Action required of local government following board decision.

54-14-306.
Action required of local government following board decision.
(1) If the board decides that a facility permitted to be constructed by a local government is subject to requirements or conditions that impose an estimated excess cost but do not impair the provision of safe, reliable, and adequate service to customers of the public utility, the local government shall, within 20 days following the decision of the board, determine whether it will impose the requirement or conditions imposing an estimated excess cost or issue the permit, authorization, approval, exception, or waiver without the requirements or conditions imposing an estimated excess cost.
(2) If the board decides that a facility should be constructed that the local government has prohibited, the local government shall, within 60 days following the decision of the board, issue the permit, authorization, approval, exception, or waiver consistent with the decision of the board.
(3) The local government may impose requirements or conditions pursuant to its zoning, subdivision, or building code regulations if:
(a) the requirements or conditions do not impair safe, reliable, and adequate service to the customers of the utility; and
(b) the local government enters into an agreement with the public utility within the 20-day time limit specified by Subsection (1) or the 60-day time limit specified by Subsection (2) to pay for the actual excess cost to the public utility, except any actual excess costs specified in Subsection 54-14-201(2)(a) or (2)(b), at least 30 days before the date construction of the facility should commence.
Enacted by Chapter 197, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 3 - Utility Facility Review Board › Section 307 - Stay of board's decision pending review or appeal.

54-14-307.
Stay of board's decision pending review or appeal.
(1) A petition for review, rehearing, or reconsideration or a petition for judicial review does not stay or suspend the effectiveness of a written decision of the board.
(2) Any party seeking to stay the effectiveness of a decision of the board shall seek a stay under Section 63G-4-405.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 14 - Utility Facility Review Board Act › Part 3 - Utility Facility Review Board › Section 308 - Judicial review in formal adjudicative proceedings.

54-14-308.
Judicial review in formal adjudicative proceedings.
The Court of Appeals has jurisdiction to review any decision of the board in a formal adjudicative proceeding.
Enacted by Chapter 197, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 15 - Net Metering of Electricity › Section 103 - Net metering program -- Metering equipment -- Interconnection agreement.

Affected by 63I-1-254 on 1/1/2036
54-15-103.
Net metering program -- Metering equipment -- Interconnection agreement.
(1) Each electrical corporation shall:
(a) except as provided in Subsection (2), make a net metering program available to the electrical corporation's customers; and
(b) allow customer generation systems to be interconnected to the electrical corporation's facilities using, except as provided in Subsection (4), a kilowatt-hour meter capable of net metering.
(2) An electrical corporation may discontinue making a net metering program available to customers not already participating in the program if:
(a) the cumulative generating capacity of customer generation systems in the program equals at least .1% of the electrical corporation's peak demand during 2007; or
(b) the electrical corporation serves fewer than 1,000 customers in the state.
(3)
(a) Notwithstanding Subsection (2)(a), the governing authority may establish a higher amount of generating capacity from customer generation systems than .1% of the electrical corporation's peak demand during 2007 before a net metering program may be discontinued under Subsection (2).
(b) Before acting under Subsection (3)(a), the governing authority shall provide public notice of its proposed action and an opportunity for public comment.
(4)
(a) Notwithstanding Subsection (1)(b), an electrical corporation may require a customer participating in the electrical corporation's net metering program to use metering equipment other than a standard kilowatt-hour meter if the governing authority, after appropriate notice and opportunity for public comment:
(i) determines that the use of other metering equipment is necessary and appropriate to monitor the flow of electricity from and to the electrical corporation; and
(ii) approves the requirement for other metering equipment, after considering the benefits and costs associated with the other metering equipment.
(b) If the governing authority approves the requirement for other metering equipment under Subsection (4)(a), the governing authority shall determine how the cost of purchasing and installing the other metering equipment is to be allocated between the electrical corporation and the customer.
(5) An electrical corporation may require a customer to enter into an interconnection agreement before connecting the customer generation system to the electrical corporation's facilities.
Amended by Chapter 244, 2008 General Session