reglab/statecodes huggingface dataset:
2023 Utah Code › Title 54 - Public Utilities › Chapter 15 - Net Metering of Electricity › Section 104 - Charges or credits for net electricity.

Affected by 63I-1-254 on 1/1/2036
Effective 5/12/2015
54-15-104.
Charges or credits for net electricity.
(1) Each electrical corporation with a customer participating in a net metering program shall measure net electricity during each monthly billing period, in accordance with normal metering practices.
(2) If net metering does not result in excess customer-generated electricity during the monthly billing period, the electrical corporation shall bill the customer for the net electricity, in accordance with normal billing practices.
(3) Subject to Subsection (4), if net metering results in excess customer-generated electricity during the monthly billing period:
(a)
(i) the electrical corporation shall credit the customer for the excess customer-generated electricity based on the meter reading for the billing period at a value that is at least avoided cost, or as determined by the governing authority; and
(ii) all credits that the customer does not use during the annualized billing period expire at the end of the annualized billing period; and
(b) as authorized by the governing authority, the electrical corporation may bill the customer for customer charges that otherwise would have accrued during that billing period in the absence of excess customer-generated electricity.
(4) At the end of an annualized billing period, an electrical corporation's avoided cost value of remaining unused credits described in Subsection (3)(a) shall be granted:
(a) to the electrical corporation's low-income assistance programs as determined by the governing authority; or
(b) for another use as determined by the governing authority.
Amended by Chapter 324, 2015 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 15 - Net Metering of Electricity › Section 105.1 - Determination of costs and benefits -- Determination of just and reasonable charge, credit, or ratemaking structure.

Affected by 63I-1-254 on 1/1/2036
Effective 5/13/2014
54-15-105.1.
Determination of costs and benefits -- Determination of just and reasonable charge, credit, or ratemaking structure.
The governing authority shall:
(1) determine, after appropriate notice and opportunity for public comment, whether costs that the electrical corporation or other customers will incur from a net metering program will exceed the benefits of the net metering program, or whether the benefits of the net metering program will exceed the costs; and
(2) determine a just and reasonable charge, credit, or ratemaking structure, including new or existing tariffs, in light of the costs and benefits.
Enacted by Chapter 53, 2014 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 15 - Net Metering of Electricity › Section 106 - Customer to provide equipment necessary to meet certain requirements -- Governing authority may adopt additional reasonable requirements -- Testing and inspection of interconnection.

Affected by 63I-1-254 on 1/1/2036
Effective 5/13/2014
54-15-106.
Customer to provide equipment necessary to meet certain requirements -- Governing authority may adopt additional reasonable requirements -- Testing and inspection of interconnection.
(1) Each customer participating in a net metering program shall provide at the customer's expense all equipment necessary to meet:
(a) applicable local and national standards regarding electrical and fire safety, power quality, and interconnection requirements established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories; and
(b) any other utility interconnection requirements as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) After appropriate notice and opportunity for public comment, the governing authority may by rule adopt additional reasonable safety, power quality, and interconnection requirements for customer generation systems that the governing authority considers to be necessary to protect public safety and system reliability.
(3)
(a) If a customer participating in a net metering program complies with requirements referred to under Subsection (1) and additional requirements established under Subsection (2), an electrical corporation may not require that customer to:
(i) perform or pay for additional tests; or
(ii) purchase additional liability insurance.
(b) An electrical corporation may not be held directly or indirectly liable for permitting or continuing to permit an interconnection of a customer generation system to the electrical corporation's system or for an act or omission of a customer participating in a net metering program for loss, injury, or death to a third party.
(4) An electrical corporation may test and inspect an interconnection at times that the electrical corporation considers necessary to ensure the safety of electrical workers and to preserve the integrity of the electric power grid.
(5) The electrical function, operation, or capacity of a customer generation system, at the point of connection to the electrical corporation's distribution system, may not compromise the quality of service to the electrical corporation's other customers.
Amended by Chapter 53, 2014 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 15 - Net Metering of Electricity › Section 107 - Application to out-of-state electrical corporation.

Affected by 63I-1-254 on 1/1/2036
54-15-107.
Application to out-of-state electrical corporation.
An electrical corporation with fewer than 5,000 customers in this state that is headquartered in another state is considered to be in compliance with this chapter if the electrical corporation offers net metering to its customers in Utah in accordance with a tariff, schedule, or other requirement of the appropriate authority in the state in which the electrical corporation's headquarters are located.
Enacted by Chapter 244, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 15 - Net Metering of Electricity › Section 108 - Damages and fines for connecting a customer generation system to more than one customer.

Affected by 63I-1-254 on 1/1/2036
Effective 5/10/2016
54-15-108.
Damages and fines for connecting a customer generation system to more than one customer.
If an independent energy producer that is supplying energy to a customer described in Subsection 54-2-201(3)(a) violates the limitation described in Subsection 54-2-201(3)(b)(i), the commission may:
(1) award damages to an electrical corporation for actual and consequential damages to the electrical corporation; and
(2) assess a fine against the independent energy producer or person responsible for the violation.
Amended by Chapter 267, 2016 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 1 - General Provisions › Section 102 - Definitions.

54-17-102.
Definitions.
As used in this chapter:
(1) "Affected electrical utility" means an electrical corporation with at least 200,000 retail customers in the state.
(2) "Benchmark option" means an energy resource against which bids in an open bid process may be evaluated that:
(a) could be constructed or owned by:
(i) an affected electrical utility; or
(ii) an affiliate of an affected electrical utility; or
(b) may be a purchase of:
(i) electricity;
(ii) electric generating capacity; or
(iii) electricity and electric generating capacity.
(3) "Integrated resource plan" means a plan that contains:
(a) the demand and energy forecast by the affected electrical utility for at least a ten-year period;
(b) the affected electrical utility's options for meeting the requirements shown in its load and resource forecast in an economic and reliable manner, including:
(i) demand-side and supply-side options; and
(ii) a brief description and summary cost-benefit analysis, if available, of each option that was considered;
(c) the affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service;
(d) a description of the external environmental and economic consequences of the plan to the extent practicable; and
(e) any other data and analyses as the commission may require.
(4) "Significant energy resource" for an affected electrical utility means a resource that consists of:
(a) a total of 100 megawatts or more of new generating capacity that has a dependable life of 10 or more years;
(b) a purchase of the following if the contract is for a term of 10 or more years and not less than 100 megawatts:
(i) electricity;
(ii) electric generating capacity; or
(iii) electricity and electrical generating capacity;
(c) the purchase or lease by an affected electrical utility from an affiliated company of:
(i) a generating facility;
(ii) electricity;
(iii) electrical generating capacity; or
(iv) electricity and electrical generating capacity;
(d) a contract with an option for the affected electrical utility or an affiliate to purchase a resource that consists of not less than 100 megawatts or more of new generating capacity that has a remaining dependable life of 10 or more years; or
(e) a type of resource designated by the commission as a significant energy resource in rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after considering the affected electrical utility's integrated resource plan and action plan.
(5) "Solicitation" means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 1 - General Provisions › Section 103 - Rulemaking.

54-17-103.
Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission:
(a) shall make rules when required by this chapter; and
(b) in addition to the rules required under Subsection (1)(a), may make rules necessary for the implementation of this chapter.
(2) Notwithstanding a requirement that the commission make rules, the commission may take action under this chapter before the commission makes a required rule including:
(a) approving a solicitation process under Part 2, Solicitation Process;
(b) approving a significant energy resource under Section 54-17-302;
(c) issuing an order under Section 54-17-304 regarding whether an affected electrical utility should proceed with implementing a significant energy resource decision;
(d) approving an energy resource under Section 54-17-402; or
(e) issuing an order under Section 54-17-404 regarding whether an energy utility should proceed with implementing a resource decision.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 2 - Solicitation Process › Section 202 - Requirements for solicitation.

54-17-202.
Requirements for solicitation.
(1) The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, outlining the requirements for a solicitation process. The rules required by this Subsection (1) shall include:
(a) the type of screening criteria an affected electrical utility may use in a solicitation process including the risks an affected electrical utility may consider;
(b) the required disclosures by an affected electrical utility if a solicitation includes a benchmark option;
(c) the required disclosures by an affected electrical utility related to the methodology the affected electrical utility uses to evaluate bids; and
(d) the participation of an independent evaluator in a manner consistent with Section 54-17-203.
(2) If an affected electrical utility is subject to regulation in more than one state regarding the acquisition, construction, or cost recovery of a significant energy resource, in making the rules required by Subsection (1), the commission may consider the impact of the multistate regulation including requirements imposed by other states as to:
(a) the solicitation process;
(b) cost recovery of resources; and
(c) methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 2 - Solicitation Process › Section 203 - Independent evaluator.

54-17-203.
Independent evaluator.
(1)
(a) The commission shall:
(i) appoint an independent evaluator to monitor any solicitation conducted by an affected electrical utility under this chapter; and
(ii) oversee or direct the division to oversee the independent evaluator in monitoring any solicitation conducted by an affected electrical utility under this chapter.
(b) The commission, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall make rules setting the qualifications of an independent evaluator.
(2) The commission shall determine the method used to pay the fees and expenses for the independent evaluator which may include:
(a) the payment of a bid fee by bidders to a solicitation; or
(b)
(i) requiring the affected electrical utility to pay the fees and expenses; and
(ii) permitting an affected electrical utility to recover the amounts paid under this Subsection (2)(b).
(3)
(a) The independent evaluator may not make the decision as to which bid should be awarded under the solicitation.
(b) The independent evaluator shall:
(i) actively monitor the solicitation process for fairness and compliance with commission rules;
(ii) report regularly to:
(A) the commission; and
(B) others as directed by the commission;
(iii) develop one or more reports addressing:
(A) the solicitation process;
(B) any concerns of the independent evaluator related to the solicitation process; and
(C) the ultimate results of the solicitation process, including the opinions and conclusions of the independent evaluator;
(iv) provide ongoing input regarding issues, concerns, and improvements in the solicitation process with the objective of correcting ongoing deficiencies in the solicitation process to the following:
(A) the commission;
(B) the affected electrical utility; and
(C) others as directed by the commission;
(v) render an opinion as to whether:
(A) the solicitation process is:
(I) fair; and
(II) in compliance with this part; and
(B) any modeling used by the affected electrical utility to evaluate bids is sufficient;
(vi) testify in any proceeding under Section 54-17-302; and
(vii) perform other functions and provide other input and reports as the commission may direct, including periodic presentations to interested parties regarding the solicitation process.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 3 - Resource Plans and Significant Energy Resource Approval › Section 301 - Review of integrated resource plan action plans.

54-17-301.
Review of integrated resource plan action plans.
(1) An affected electrical utility shall file with the commission any action plan developed as part of the affected electrical utility's integrated resource plan to enable the commission to review and provide guidance to the affected electrical utility.
(2)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules providing a process for its review of an action plan.
(b) The rules required under Subsection (2)(a) shall provide sufficient flexibility to permit changes in an action plan between the periodic filings of the affected electrical utility's integrated resource plan.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 3 - Resource Plans and Significant Energy Resource Approval › Section 303 - Cost recovery.

54-17-303.
Cost recovery.
(1)
(a) Except as otherwise provided in this section, if the commission approves a significant energy resource decision under Section 54-17-302, the commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility's retail electric rates the state's share of costs:
(i) relevant to the proceeding;
(ii) incurred by the affected electrical utility in constructing or acquiring the approved significant energy resource; and
(iii) up to the projected costs specified in the commission's order issued under Section 54-17-302.
(b)
(i) The commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility's retail electric rates the state's share of the incremental cost relevant to the proceeding that were prudently incurred by the affected electrical utility to identify, evaluate, and submit a reasonable benchmark option, whether or not the benchmark option is selected or becomes operational.
(ii) A recoverable cost under Subsection (1)(b)(i) shall be included in the affected electrical utility's project costs for the purpose of evaluating the project's cost-effectiveness.
(iii) A recoverable cost under Subsection (1)(b)(i) may not be added to the cost or otherwise considered in the evaluation of a project proposed by any person other than the affected electrical utility for the purpose of evaluating that person's proposal.
(c) Except to the extent that the commission enters an order under Section 54-17-304, an increase from the projected costs specified in the commission's order issued under Section 54-17-302 shall be subject to review by the commission as part of a rate hearing under Section 54-7-12.
(2)
(a) Subsequent to the commission issuing an order described in Subsection (2)(a)(i) or (ii), the commission may disallow some or all costs incurred in connection with an approved significant energy resource decision if the commission finds that an affected electrical utility's actions in implementing an approved significant energy resource decision are not prudent because of new information or changed circumstances that occur after:
(i) the commission's approval of the significant energy resource decisions under Section 54-17-302; or
(ii) a commission order to proceed under Section 54-17-304.
(b) In making a determination of prudence under Subsection (2)(a), the commission shall use the standards identified in Section 54-4-4.
(3) Notwithstanding any other provision of this chapter, the commission may disallow some or all of the costs incurred by an affected electrical utility in connection with an approved significant energy resource decision upon a finding by the commission that the affected electrical utility is responsible for a material misrepresentation or concealment in connection with an approval process under this chapter.
Amended by Chapter 374, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 4 - Voluntary Request for Resource Decision Review › Section 401 - Definitions -- Rules.

Effective 3/2/2020
54-17-401.
Definitions -- Rules.
(1) As used in this part:
(a) "Energy utility" means one of the following with 200,000 retail customers in the state:
(i) an electrical corporation; or
(ii) a gas corporation.
(b) "Resource decision" means a decision, other than a decision to construct or acquire a significant energy resource, involving:
(i) an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including:
(A) a facility or process for the efficient, reliable, or safe provision of energy to retail customers;
(B) an energy efficiency and conservation program; or
(C) rural gas infrastructure development; or
(ii) a decision determined by the commission to be appropriate for review under this part.
(c) "Rural gas infrastructure development" means the acquisition, planning, development, extension, expansion, and construction of natural gas utility facilities to serve previously unserved rural areas of the state.
(2) The commission may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to specify the nature of resource decisions subject to approval under Section 54-17-402.
Amended by Chapter 16, 2020 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 4 - Voluntary Request for Resource Decision Review › Section 403 - Cost recovery.

Effective 5/8/2018
54-17-403.
Cost recovery.
(1)
(a) Except as otherwise provided in this section, if the commission approves any portion of an energy utility's resource decision under Section 54-17-402, the commission shall, in a general rate case or other appropriate commission proceeding, include in the energy utility's retail rates the state's share of costs:
(i) relevant to that proceeding;
(ii) incurred by the energy utility in implementing the approved resource decision; and
(iii) up to the projected costs specified in the commission's order issued under Section 54-17-402.
(b) Except to the extent that the commission issues an order under Section 54-17-404, any increase from the projected costs specified in the commission's order issued under Section 54-17-402 shall be subject to review by the commission as part of a rate hearing under Section 54-7-12.
(c) If the commission approves a request for approval of rural gas infrastructure development under Section 54-17-402, the commission may approve the inclusion of rural gas infrastructure development costs within the gas corporation's base rates if:
(i) the inclusion of those costs will not increase the base distribution non-gas revenue requirement by more than 2% in any three-year period;
(ii) the distribution non-gas revenue requirement increase related to the infrastructure development costs under Subsection (1)(c)(i) does not exceed 5% in the aggregate; and
(iii) the applicable distribution non-gas revenue requirement is the annual revenue requirement determined in the gas corporation's most recent rate case.
(2)
(a) Subsequent to the commission issuing an order described in Subsection (2)(a)(i) or (ii), the commission may disallow some or all costs incurred in connection with an approved resource decision if the commission finds that an energy utility's actions in implementing an approved resource decision are not prudent because of new information or changed circumstances that occur after:
(i) the commission approves the resource decision under Section 54-17-402; or
(ii) the commission issues an order to proceed under Section 54-17-404.
(b) In making a determination of prudence under Subsection (2)(a), the commission shall use the standards identified in Section 54-4-4.
(3) Notwithstanding any other provision of this chapter, the commission may disallow some or all of the costs incurred by an energy utility in connection with an approved resource decision upon a finding by the commission that the energy utility is responsible for a material misrepresentation or concealment in connection with an approval process under this chapter.
Amended by Chapter 449, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 6 - Carbon Emission Reductions for Electrical Corporations › Section 607 - Procedure and appeals under this chapter.

54-17-607.
Procedure and appeals under this chapter.
(1) The governing authority, as defined in Section 54-15-102, has primary jurisdiction concerning issues of interpretation, implementation, and administration of this chapter.
(2) An appeal of a commission order under this chapter is governed by Chapter 7, Hearings, Practice, and Procedure.
Enacted by Chapter 374, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 8 - Renewable Energy Contracts › Section 801 - Definitions.

Effective 5/9/2017
54-17-801.
Definitions.
As used in this part:
(1) "Contract customer" means a person who executes or will execute a renewable energy contract with a qualified utility.
(2) "Qualified utility" means an electric corporation that serves more than 200,000 retail customers in the state.
(3) "Renewable energy contract" means a contract under this part for the delivery of electricity from one or more renewable energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a renewable energy facility to the contract customer.
(4)
(a) "Renewable energy facility" means a renewable energy source as defined in Section 54-17-601 that:
(i) is located in the state; or
(ii)
(A) is located outside the state; and
(B) provides energy from baseload renewable resources.
(b) "Renewable energy facility" does not include an electric generating facility for which the electric generating facility's costs are included in a qualified utility's rates as a facility that provides electric service to the qualified utility's system.
(5) "Renewable energy tariff" means a tariff offered by a qualified utility that allows the qualified utility to procure renewable generation on behalf of and to serve its customers.
Amended by Chapter 409, 2017 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 8 - Renewable Energy Contracts › Section 802 - Contracts for the purchase of electricity from a renewable energy facility.

54-17-802.
Contracts for the purchase of electricity from a renewable energy facility.
(1) Within a reasonable time after receiving a request from a contract customer and subject to reasonable credit requirements, a qualified utility shall enter into a renewable energy contract with the requesting contract customer to supply some or all of the contract customer's electric service from one or more renewable energy facilities selected by the contract customer.
(2) Subject to a contract customer agreeing to pay the qualified utility for all incremental costs associated with metering facilities, communication facilities, and administration, a renewable energy contract may provide for electricity to be delivered to a contract customer:
(a) from one renewable energy facility to a contract customer's single metered delivery location;
(b) from multiple renewable energy facilities to a contract customer's single metered delivery location; or
(c) from one or more renewable energy facilities to a single contract customer's multiple metered delivery locations.
(3)
(a) A single contract customer may aggregate multiple metered delivery locations to satisfy the minimum megawatt limit under Subsection (4).
(b) Multiple contract customers may not aggregate their separate metered delivery locations to satisfy the minimum megawatt limit under Subsection (4).
(4) The amount of electricity provided to a contract customer under a renewable energy contract may not be less than 2.0 megawatts.
(5) The amount of electricity provided in any hour to a contract customer under a renewable energy contract may not exceed the contract customer's metered kilowatt-hour load in that hour at the metered delivery locations under the contract.
(6) A renewable energy contract that meets the requirements of Subsection (4) may provide for one or more increases in the amount of electricity to be provided under the contract even though the amount of electricity to be provided by the increase is less than the minimum amount required under Subsection (4).
(7) The total amount of electricity to be generated by renewable energy facilities and delivered to contract customers at any one time under all renewable energy contracts may not exceed 300 megawatts, unless the commission approves in advance a higher amount.
(8) Electricity generated by a renewable energy facility and delivered to a contract customer under a renewable energy contract may not be included in a net metering program under Chapter 15, Net Metering of Electricity.
Enacted by Chapter 182, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 8 - Renewable Energy Contracts › Section 803 - Ownership of a renewable energy facility -- Joint ownership -- Ownership of environmental attributes.

54-17-803.
Ownership of a renewable energy facility -- Joint ownership -- Ownership of environmental attributes.
(1) A renewable energy facility may be owned:
(a) by a person who will be a contract customer receiving electricity from the renewable energy facility;
(b) by a qualified utility;
(c) by a person other than a contract customer or qualified utility; or
(d) jointly by any combination of Subsections (1)(a), (b), and (c), whether in equal shares or otherwise.
(2) A qualified utility may be a joint owner of a renewable energy facility only if:
(a) the qualified utility consents to being a joint owner; and
(b) the joint ownership agreement requires the qualified utility to recover from contract customers receiving electricity from the renewable energy facility all of the qualified utility's costs associated with its ownership of the renewable energy facility, including administrative, acquisition, operation, and maintenance costs, unless the commission, in an order issued in a separate regulatory proceeding:
(i) authorizes the qualified utility to recover some of those costs from customers other than contract customers;
(ii) determines that the rate to be paid for electricity from the renewable energy facility by customers other than contract customers is cost effective; and
(iii) approves the inclusion of the rate determined under Subsection (2)(b)(ii) in general rates or through a commission approved cost recovery mechanism.
(3) To the extent that any electricity from a renewable energy facility to be delivered to a contract customer is owned by a person other than the contract customer:
(a) the qualified utility shall, by contract with the owner of the electricity to be sold from the renewable energy facility, purchase electricity for resale to one or more contract customers;
(b) the qualified utility shall sell that electricity to the contract customer or customers under renewable energy contracts with the same duration and pricing as the contract between the qualified utility and the owner of the electricity to be sold from the renewable energy facility; and
(c) the qualified utility's contract with the owner of the electricity to be sold from the renewable energy facility shall provide that the qualified utility's obligation to purchase electricity under that contract ceases if the contract customer defaults in its obligation to purchase and pay for the electricity under the contract with the qualified utility.
(4) The right to any environmental attribute associated with a renewable energy facility shall remain the property of the renewable energy facility's owner, except to the extent that a contract to which the owner is a party provides otherwise.
Enacted by Chapter 182, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 8 - Renewable Energy Contracts › Section 804 - Exemption from certificate of convenience and necessity requirements.

54-17-804.
Exemption from certificate of convenience and necessity requirements.
(1) A qualified utility is not required to comply with Section 54-4-25 with respect to a renewable energy facility that is the subject of a renewable energy contract if:
(a) each contract necessary for the commission to determine compliance with this part is filed with the commission; and
(b) the commission determines that each contract relating to the renewable energy facility complies with this part.
(2) In making its determination under Subsection (1)(b), the commission may process and consider together multiple renewable energy contracts between the same contract customer and the qualified utility providing for the delivery of electricity from a renewable energy facility to the contract customer's multiple metered delivery locations.
Enacted by Chapter 182, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 8 - Renewable Energy Contracts › Section 805 - Costs associated with delivering electricity from a renewable energy facility to a contract customer.

54-17-805.
Costs associated with delivering electricity from a renewable energy facility to a contract customer.
(1) To the extent that a renewable energy contract provides for the delivery of electricity from a renewable energy facility owned by the contract customer, the renewable energy contract shall require the contract customer to pay for the use of the qualified utility's transmission or distribution facilities at the qualified utility's applicable rates, which may include transmission costs at the qualified utility's applicable rate approved by the Federal Energy Regulatory Commission.
(2) To the extent that a renewable energy contract provides for the delivery of electricity from a renewable energy facility owned by a person other than the qualified utility or the contract customer, the renewable energy contract shall require the contract customer to bear all reasonably identifiable costs that the qualified utility incurs in delivering the electricity from the renewable energy facility to the contract customer, including all costs to procure and deliver electricity and for billing, administrative, and related activities, as determined by the commission.
(3) A qualified utility that enters a renewable energy contract shall charge a contract customer for all metered electric service delivered to the contract customer, including generation, transmission, and distribution service, at the qualified utility's applicable tariff rates, excluding:
(a) any kilowatt hours of electricity delivered from the renewable energy facility, based on the time of delivery, adjusted for transmission losses;
(b) any kilowatts of electricity delivered from the renewable energy facility that coincide with the contract customer's monthly metered kilowatt demand measurement, adjusted for transmission losses;
(c) any transmission and distribution service that the contract customer pays for under Subsection (1) or (2); and
(d) any transmission service that the contract customer provides under Subsection (2) to deliver generation from the renewable energy facility.
Enacted by Chapter 182, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 8 - Renewable Energy Contracts › Section 806 - Qualified utility renewable energy tariff.

Effective 3/24/2020
54-17-806.
Qualified utility renewable energy tariff.
(1) The commission may authorize a qualified utility to implement a renewable energy tariff in accordance with this section if the commission determines the tariff that the qualified utility proposes is reasonable and in the public interest.
(2) The commission may authorize a tariff under Subsection (1) to apply to:
(a) a qualified utility customer with an aggregated electrical load of at least five megawatts; or
(b) a combination of qualified utility customers who are separately metered if:
(i) the aggregated electrical load of the qualified utility customers is at least five megawatts; and
(ii) each of the qualified utility customers is located within a project area, as defined in Section 11-58-102.
(3) A customer who agrees to take service that is subject to the renewable energy tariff under this section shall pay:
(a) the customer's normal tariff rate;
(b) an incremental charge in an amount equal to the difference between the cost to the qualified utility to supply renewable generation to the renewable energy tariff customer and the qualified utility's avoided costs as defined in Subsection 54-2-1(1), or a different methodology recommended by the qualified utility; and
(c) an administrative fee in an amount approved by the commission.
(4) The commission shall allow a qualified utility to recover the qualified utility's prudently incurred cost of renewable generation procured pursuant to the tariff established in this section that is not otherwise recovered from the proceeds of the tariff paid by customers agreeing to service that is subject to the renewable energy tariff.
Amended by Chapter 126, 2020 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 9 - Community Renewable Energy Act › Section 903 - Program requirement for a municipality or county.

Effective 5/14/2019
54-17-903.
Program requirement for a municipality or county.
(1) Customers of a qualified utility may be served by the community renewable energy program described in this part if the municipality or county satisfies the requirements of Subsection (2).
(2) The municipality or county in which the customer resides shall:
(a) adopt a resolution no later than December 31, 2019, that states a goal of achieving an amount equivalent to 100% of the annual electric energy supply for participating customers from a renewable energy resource by 2030;
(b) enter into an agreement with a qualified utility:
(i) with the stipulation of payment by the municipality or county to the qualified utility for the costs of:
(A) third-party expertise contracted for by the division and the office, for assistance with activities associated with initial approval of the community renewable energy program; and
(B) providing notice to the municipality's or county's customers as provided in Section 54-17-905;
(ii) determining the obligation for the payment of any termination charges under Subsection 54-17-905(3) that are not paid by a participating customer and not included in participating customer rates under Subsections 54-17-904(2) and (4); and
(iii) identifying any initially proposed replaced asset;
(c) adopt a local ordinance that:
(i) establishes participation in the renewable energy program; and
(ii) is consistent with the terms of the agreement entered into with the qualified utility under Subsection (2)(b); and
(d) comply with any other terms or conditions required by the commission.
(3) The local ordinance required in Subsection (2)(c) shall be adopted by the municipality or county within 90 days after the date of the commission order approving the community renewable energy program.
Enacted by Chapter 471, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 9 - Community Renewable Energy Act › Section 906 - Customer billing.

Effective 5/14/2019
54-17-906.
Customer billing.
The qualified utility shall:
(1) include information on its monthly bills to participating customers identifying the community renewable energy program cost; and
(2) provide notice to participating customers of any change in rate for participation in the community renewable energy program.
Enacted by Chapter 471, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 9 - Community Renewable Energy Act › Section 907 - Rate adjustment filing -- Modification of rates for participating customers.

Effective 5/14/2019
54-17-907.
Rate adjustment filing -- Modification of rates for participating customers.
(1)
(a) The qualified utility may make a rate adjustment filing, not more than annually, with the commission to adjust rates for participating customers to reflect any changes in the quantifiable costs and benefits of the community renewable energy program.
(b) The rate adjustment filing may not include any changes to ongoing costs.
(2) The commission shall determine the content and filing requirements for the filing by administrative rules as described in Section 54-17-909.
(3) The commission shall determine rate changes which shall become effective within 90 days after the date of the filing, unless otherwise determined by the commission for good cause.
Enacted by Chapter 471, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 9 - Community Renewable Energy Act › Section 908 - Acquisition of renewable energy resources.

Effective 5/14/2019
54-17-908.
Acquisition of renewable energy resources.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules outlining a competitive solicitation process for the acquisition of renewable assets acquired by the qualified utility for purposes of this act.
(2) The solicitation rules shall include the following provisions:
(a) solar photovoltaic or thermal solar energy facilities may be acquired under the provisions of Section 54-17-807;
(b) renewable energy resources developed under this part shall be constructed or acquired subject to an option by the qualified utility to own the renewable energy resource so long as including the option in a solicitation is in the interest of participating customers and other customers of the qualified utility; and
(c) any other requirement determined by the commission to be in the public interest.
(3) Upon completion of a solicitation under this section and the rules adopted by the commission to implement this section, the commission may approve cost recovery for a renewable energy resource for the community renewable energy program if approval of the renewable energy resource:
(a) complies with the provisions of this part;
(b) does not result in shifting of costs or benefits to other customers of the qualified utility; and
(c) is in the public interest.
Enacted by Chapter 471, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 17 - Energy Resource Procurement Act › Part 9 - Community Renewable Energy Act › Section 909 - Commission rulemaking authority.

Effective 5/14/2019
54-17-909.
Commission rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall adopt rules to implement this part, including:
(1) establishing the initial opt-out period;
(2) the terms and conditions of the agreement under Section 54-17-903;
(3) the content and filing of an application under Section 54-17-904;
(4) the notice requirements under Section 54-17-905;
(5) the standards for determining when a termination charge is applicable and the amount and timing of a termination charge under Subsection 54-17-905(3);
(6) the content and filing requirements for the annual filing under Subsection 54-17-907(2);
(7) the solicitation requirements under Section 54-17-908; and
(8) any other requirements determined by the commission necessary to protect the public interest and to implement this part.
Enacted by Chapter 471, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 18 - Siting of High Voltage Power Line Act › Part 1 - General Provisions › Section 102 - Definitions.

54-18-102.
Definitions.
As used in this chapter:
(1) "Affected entity" means an entity as defined in Sections 10-9a-103 and 17-27a-103.
(2) "Affected landowner" means an owner of a property interest, as reflected in the most recent county or city tax records as receiving a property tax notice, whose property is located within a proposed corridor.
(3)
(a) "Construction" means the excavation, construction, and installation of a high voltage electric power line or upgraded high voltage transmission line.
(b) "Construction" does not include:
(i) the temporary use of sites; or
(ii) studies and tests for:
(A) requirements of this chapter;
(B) state regulations;
(C) federal regulations;
(D) securing geological and survey data; or
(E) any other actions taken by a public utility reasonably necessary to determine the location of a target study area or proposed corridor.
(4) "High voltage power line" means:
(a) an electrical high voltage power line with a nominal voltage of 230 kilovolts or more; and
(b) an upgraded high voltage power line.
(5) "Land use application" has the same meaning as provided in Sections 10-9a-103 and 17-27a-103.
(6) "Land use authority" has the same meaning as provided in Sections 10-9a-103 and 17-27a-103.
(7) "Land use permit" has the same meaning as Sections 10-9a-103 and 17-27a-103.
(8) "Legislative body" has the same meaning as provided in Sections 10-9a-103 and 17-27a-103.
(9) "Proposed corridor" means the transmission line route within a target study area selected by the public utility as the public utility's proposed alignment for a high voltage power line.
(10) "Proposed route" means the right-of-way needed for construction of the high voltage power line.
(11) "Public utility" has the same meaning as provided in Section 54-2-1.
(12) "Target study area" means the geographic area for a new high voltage transmission line or an upgraded high voltage power line as proposed by a public utility.
(13) "Upgraded high voltage power line" means increasing the voltage of an existing transmission line to 230 kilovolts or more.
Enacted by Chapter 316, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 18 - Siting of High Voltage Power Line Act › Part 2 - Public Utility Duties for High Voltage Power Lines › Section 201 - Public utility to obtain approval for high voltage power lines.

54-18-201.
Public utility to obtain approval for high voltage power lines.
(1) Except as provided in Subsections (2) and (3), a public utility shall comply with the requirements of this chapter before beginning construction or operation of:
(a) a high voltage power line; or
(b) an upgraded high voltage power line.
(2) A public utility is not subject to the provisions of this chapter if the public utility has on or before May 12, 2009:
(a) filed an application for or obtained a certificate of convenience and necessity for a high voltage power line in accordance with the provisions of Section 54-4-25; or
(b) has initiated the acquisition of right-of-way for the construction of the high voltage transmission line.
(3) A transmission line that is subject to federal permitting is not subject to the provisions of this chapter.
Enacted by Chapter 316, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 18 - Siting of High Voltage Power Line Act › Part 3 - Notification - Process for Obtaining Land Use Permit - Appeal › Section 302 - Public workshops.

54-18-302.
Public workshops.
After a public utility files the notice of intent in accordance with Subsection 54-18-301(3) and before it files a land use application, the public utility shall:
(1) conduct informal public workshops at locations along the proposed corridor to provide information about:
(a) the high voltage power line; and
(b) the process for obtaining a land use permit; and
(2) provide notice of the public workshops at least 14 days before a public workshop to:
(a) a newspaper of general circulation in the target study area;
(b) radio stations in the target study area; and
(c) an affected entity.
Enacted by Chapter 316, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 18 - Siting of High Voltage Power Line Act › Part 3 - Notification - Process for Obtaining Land Use Permit - Appeal › Section 303 - Application for land use permit.

54-18-303.
Application for land use permit.
(1) Before a public utility may file a land use application for a proposed high voltage power line, the public utility shall, in accordance with Subsection (2), identify a proposed corridor in the public utility's land use application after:
(a) providing a notice of intent in accordance with Section 54-18-301; and
(b) conducting the public workshops in accordance with Section 54-18-302.
(2) If a public utility files a land use application for a high voltage power line, the public utility shall comply with the land use application requirements created by a legislative body and land use authority in accordance with Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, and Title 17, Chapter 27a, County Land Use, Development, and Management Act.
(3) A local government may request cost information for modifications to the utility's proposed corridor in accordance with the provisions of Title 54, Chapter 14, Utility Facility Review Board Act.
Enacted by Chapter 316, 2009 General Session