reglab/statecodes huggingface dataset:
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 304 - Review of land use application.

54-18-304.
Review of land use application.
(1)
(a) A land use authority shall grant or deny a public utility's land use permit within 60 days after filing in accordance with the provisions of Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, and Title 17, Chapter 27a, County Land Use, Development, and Management Act.
(b) The Utility Facility Review Board may review a land use authority's land use permit decision in accordance with Title 54, Chapter 14, Part 3, Utility Facility Review Board.
(2) Notwithstanding Subsection (1), if a public utility does not satisfy the notice of intent requirements in accordance with Section 54-18-301 and public workshop requirements in accordance with Section 54-18-302, a land use authority may withhold a decision on a public utility's land use permit until the public utility satisfies the notification and public workshop requirements.
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 305 - Appeal of high voltage power line route.

54-18-305.
Appeal of high voltage power line route.
This chapter does not affect a public utility's or local government's right to appeal a high voltage power line route to the Utility Facility Review Board in accordance with the provisions of Chapter 14, Utility Facility Review Board Act.
Amended by Chapter 89, 2013 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 19 - Regulation of Internet Protocol Services › Section 102 - Definitions.

54-19-102.
Definitions.
As used in this section:
(1) "Internet protocol-enabled service" means any service, functionality, or application that uses Internet protocol or a successor protocol that enables an end-user to send or receive voice, data, or video communications.
(2) "Voice over Internet protocol service" means any service that:
(a) enables real time, two-way voice communication originating from or terminating at the user's location in Internet protocol or a successor protocol;
(b) uses a broadband connection from the user's location; and
(c) permits a user to receive a telephone call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.
Enacted by Chapter 241, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 19 - Regulation of Internet Protocol Services › Section 103 - Authority over Internet protocol-enabled services and voice over Internet protocol services.

54-19-103.
Authority over Internet protocol-enabled services and voice over Internet protocol services.
(1) A state agency and political subdivision of the state may not, directly or indirectly, regulate Internet protocol-enabled service or voice over Internet protocol service.
(2) The regulatory prohibition in Subsection (1) does not:
(a) affect or limit the enforcement of criminal or civil laws, including consumer protection and unfair or deceptive trade practice laws, that apply to the conduct of business;
(b) affect, limit, or prohibit the current or future assessment of:
(i) a tax;
(ii) a 911 fee;
(iii) a universal service fund fee;
(iv) a telecommunication relay fee; or
(v) a public utility regulatory fee;
(c) affect or modify:
(i) a right or obligation of any telecommunications carrier under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252;
(ii) any commission obligation to implement or enforce federal law;
(iii) a duty or power of the commission, under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252, including arbitration and enforcement of an interconnection agreement;
(iv) any obligation for the provision of video service by any person; or
(v) the application of Section 54-8b-2.1; or
(d) affect the authority of the state or a political subdivision of the state to manage the use of a public right of way, including any requirement for the joint use of utility poles or other structures in the right of way.
Enacted by Chapter 241, 2012 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 20 - Sustainable Transportation and Energy Plan Act › Section 102 - Definitions.

Effective 5/14/2019
54-20-102.
Definitions.
As used in this chapter:
(1) "Demand side management" means the same as that term is defined in Section 54-7-12.8.
(2) "Pilot program period" means a period of five years during which the sustainable transportation and energy plan is effective:
(a) for a large-scale electric utility, beginning on January 1, 2017; or
(b) for a large-scale natural gas utility, beginning on July 1, 2019.
(3) "Sustainable transportation and energy plan" means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including:
(a) a natural gas vehicle rate or natural gas clean air program described in Section 54-4-13.1;
(b) the electric vehicle incentive program described in Section 54-20-103;
(c) the clean coal technology program described in Section 54-20-104; and
(d) the innovative technology programs described in Section 54-20-105.
Amended by Chapter 460, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 20 - Sustainable Transportation and Energy Plan Act › Section 103 - Electric vehicle incentive program.

Effective 5/10/2016
54-20-103.
Electric vehicle incentive program.
(1) The commission shall, before July 1, 2017, authorize a large-scale electric utility to establish a program that promotes customer choice in electric vehicle charging equipment and service that includes:
(a) an incentive to a large-scale electric utility customer to install or provide electric vehicle infrastructure;
(b) time of use pricing for electric vehicle charging;
(c) any measure that the commission determines is in the public interest that incentivizes the competitive deployment of electric vehicle charging infrastructure.
(2) The commission may review the expenditures made by a large-scale electric utility for the program described in Subsection (1) in order to determine if the large-scale electric utility made the expenditures prudently in accordance with the purposes of the program.
(3) A large-scale electric utility proposing a program for approval by the commission under this section shall, before submitting the program to the commission for approval, seek input from:
(a) the Division of Public Utilities;
(b) the Office of Consumer Services;
(c) the Division of Air Quality; and
(d) any person that files a request for notice with the commission.
Enacted by Chapter 393, 2016 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 20 - Sustainable Transportation and Energy Plan Act › Section 104 - Clean coal technology program.

Effective 5/10/2016
54-20-104.
Clean coal technology program.
(1) Subject to Subsection (2), the commission shall authorize, before July 1, 2017, and, subject to funding, approve a program that authorizes a large-scale electric utility to investigate, analyze, and research clean coal technology.
(2) The commission may review the expenditures made by a large-scale electric utility for a program described in Subsection (1) in order to determine if the large-scale electric utility made the expenditures prudently in accordance with the purposes of the program.
Enacted by Chapter 393, 2016 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 20 - Sustainable Transportation and Energy Plan Act › Section 106 - Extension of pilot program.

Effective 5/10/2016
54-20-106.
Extension of pilot program.
Before the first day of the legislative session in the final year of the pilot program period, the commission shall submit a report and recommendation to the Legislature regarding whether, in the discretion of the commission, the Legislature should, for the sustainable transportation and energy plan:
(1) extend the plan or a portion of the plan as a ratepayer funded program;
(2) implement the plan or a portion of the plan as a state funded program; or
(3) discontinue the plan or a portion of the plan.
Enacted by Chapter 393, 2016 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 20 - Sustainable Transportation and Energy Plan Act › Section 107 - Other programs.

Effective 5/14/2019
54-20-107.
Other programs.
The commission may authorize a large-scale electric utility or a large-scale natural gas utility to establish a program in addition to the programs described in this chapter if the commission determines that the program is cost-effective and in the public interest.
Amended by Chapter 460, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 1 - General Provisions › Section 102 - Scope.

Effective 9/1/2018
54-21-102.
Scope.
Nothing in this chapter:
(1) permits an entity to provide a service regulated under 47 U.S.C. Secs. 521 through 573, in a right-of-way without compliance with all applicable legal obligations;
(2) imposes a new requirement on the activity of a cable provider in a right-of-way for a cable service provided in this state;
(3) governs:
(a) a pole that an electrical corporation owns or a wireless support structure that an electrical corporation owns; or
(b) the attachment of a small wireless facility to a pole that an electrical corporation owns or to a wireless support structure that an electrical corporation owns; or
(4) confers on an authority any new jurisdiction over an electrical corporation.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 201 - Applicability.

Effective 9/1/2018
54-21-201.
Applicability.
This part only applies to a wireless provider deploying, within a right-of-way:
(1) a small wireless facility; or
(2) a utility pole associated with a small wireless facility.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 202 - Prohibition on exclusive use.

Effective 9/1/2018
54-21-202.
Prohibition on exclusive use.
An authority may not enter into an exclusive arrangement with any person for:
(1) use of a right-of-way for the collocation of a small wireless facility; or
(2) the installation, operation, marketing, modification, maintenance, or replacement of a utility pole.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 203 - Right-of-way rates and fees.

Effective 9/1/2018
54-21-203.
Right-of-way rates and fees.
(1) An authority may charge a wireless provider a rate or fee for the use of a right-of-way to collocate a small wireless facility, or to install, operate, modify, maintain, or replace a utility pole associated with the wireless provider's collocation of a small wireless facility, if the authority:
(a) charges all other similarly situated wireless providers for use of the right-of-way; and
(b) charges only the rate or fee in accordance with Part 5, Rates and Fees.
(2) An authority may, on a nondiscriminatory basis, refrain from charging a rate or fee to a wireless provider for the use of a right-of-way.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 204 - Wireless provider right of access.

Effective 9/1/2018
54-21-204.
Wireless provider right of access.
(1) Subject to the provisions of this part, along, across, upon, or under a right-of-way, a wireless provider may, as a permitted use under the authority's zoning regulation and subject only to administrative review:
(a) collocate a small wireless facility; or
(b) install, operate, modify, maintain, or replace:
(i) a utility pole associated with the wireless provider's collocation of a small wireless facility; or
(ii) equipment described in Subsections 54-21-101(25)(b)(i) through (ix) required for a wireless provider's collocation of a small wireless facility.
(2) A small wireless facility or utility pole under Subsection (1) may not:
(a) obstruct or hinder the usual travel or public safety on a right-of-way; or
(b) obstruct, damage, or interfere with:
(i) another utility facility in a right-of-way; or
(ii) a utility's use of the utility's facility in a right-of-way.
(3) Construction and maintenance by the wireless provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 205 - Height limitations in a right-of-way.

Effective 9/1/2018
54-21-205.
Height limitations in a right-of-way.
(1) A new or modified utility pole that has a collocated small wireless facility, and that is installed in a right-of-way, may not exceed 50 feet above ground level.
(2) An antenna of a small wireless facility may not extend more than 10 feet above the top of a utility pole existing on or before September 1, 2018.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 206 - Decorative poles.

Effective 9/1/2018
54-21-206.
Decorative poles.
If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetic of the displaced decorative pole.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 207 - Underground district.

Effective 9/1/2018
54-21-207.
Underground district.
A wireless provider shall comply with an authority's prohibition on a communications service provider installing a structure in the right-of-way in an area designated solely for underground or buried cable and utility facilities, if:
(1) the prohibition is reasonable and nondiscriminatory; and
(2) the authority:
(a)
(i) requires that all cable and utility facilities, other than an authority pole and attachment, be placed underground; and
(ii) establishes the requirement in Subsection (2)(a)(i) more than 90 days before the day on which the applicant submits the application;
(b) does not prohibit the replacement of an authority pole in the designated area; and
(c) permits a wireless provider to seek a waiver, that is administered in a nondiscriminatory manner, of the undergrounding requirement for the placement of a new utility pole to support a small wireless facility.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 208 - Historic and design districts.

Effective 9/1/2018
54-21-208.
Historic and design districts.
(1) Subject to the permit process described in Section 54-21-302, an authority may require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure in an historic district, unless the facility is excluded from evaluation for effects on historic properties under 47 C.F.R. Sec. 1.1307(a)(4).
(2) A design or concealment measure described in Subsection (1) may not:
(a) have the effect of prohibiting a provider's technology; or
(b) be considered a part of the small wireless facility for purposes of the size parameters in the definition of a small wireless facility.
(3)
(a) A wireless provider shall obtain advance approval from an authority before collocating a new small wireless facility or installing a new utility pole in an area that is zoned or otherwise designated as an historic district or a design district.
(b) As a condition for approval of a new small wireless facility or a new utility pole in an historic district or a design district, an authority may require reasonable design or concealment measures for the new small wireless facility or the new utility pole.
(4) A wireless provider shall comply with an authority's reasonable and nondiscriminatory design and aesthetic standards requiring the use of certain camouflage measures in connection with a new small wireless facility in an historic district or a design district, if the camouflage measures are technically and economically feasible consistent with this chapter.
(5) This section does not limit an authority's ability to enforce historic preservation zoning regulations consistent with:
(a) the preservation of local zoning authority under 47 U.S.C. Sec. 332(c)(7);
(b) the requirements for facility modifications under:
(i) 47 U.S.C. Sec. 1455(a); or
(ii) the National Historic Preservation Act of 1966, 16 U.S.C. Sec. 470 et seq.;
(c) the regulations adopted to implement the laws described in Subsections (5)(a) and (b); and
(d) Section 10-9a-503.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 209 - Manner of regulation.

Effective 9/1/2018
54-21-209.
Manner of regulation.
(1) An authority shall manage a wireless provider's use of a right-of-way in a nondiscriminatory manner with regard to any other user of the right-of-way.
(2) Any term or condition an authority imposes on a right-of-way user may not:
(a) be unreasonable or discriminatory; or
(b) violate an applicable legal obligation or law.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles › Section 210 - Damage and repair.

Effective 9/1/2018
54-21-210.
Damage and repair.
(1) If a wireless provider's activity causes damage to a right-of-way, the wireless provider shall repair the right-of-way to substantially the same condition as before the damage.
(2) If a wireless provider fails to make a repair required by an authority under Subsection (1) within a reasonable time after written notice, the authority may:
(a) make the required repair; and
(b) charge the wireless provider the reasonable, documented, actual cost for the repair.
(3) If the damage described in Subsection (1) causes an urgent safety hazard, an authority may:
(a) immediately make the necessary repair; and
(b) charge the wireless provider the reasonable, documented, actual cost for the repair.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 3 - Permitting Process for Small Wireless Facilities › Section 301 - Applicability -- General.

Effective 9/1/2018
54-21-301.
Applicability -- General.
(1) This part applies to:
(a) the collocation of a small wireless facility in a right-of-way;
(b) the collocation of a small wireless facility on a wireless support structure in a right-of-way; and
(c) the installation, modification, or replacement of a utility pole associated with a small wireless facility in a right-of-way.
(2) Except as provided in this chapter, an authority may not prohibit, regulate, or charge for the collocation of a small wireless facility.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 3 - Permitting Process for Small Wireless Facilities › Section 303 - Exceptions to permitting.

Effective 9/1/2018
54-21-303.
Exceptions to permitting.
(1) Except as provided in Subsection (2), an authority may not require a wireless provider to submit an application, obtain a permit, or pay a rate for:
(a) routine maintenance;
(b) the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or
(c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.
(2)
(a) An authority may require a wireless provider to obtain a permit in accordance with Section 72-7-102 for work that requires excavation or closing of sidewalks or vehicular lanes in a public right-of-way.
(b) If an authority requires a permit under Subsection (2)(a), the authority shall process and approve the permit within the same time period the authority processes and approves a permit for all other types of entities.
(3)
(a) An authority may require advance notice of an activity described in Subsection (1).
(b) A wireless provider may replace or upgrade a utility pole only with the approval of the utility pole's owner.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 4 - Access to Authority Poles Within a Right-of-way › Section 401 - Applicability.

Effective 9/1/2018
54-21-401.
Applicability.
This part applies to activities of a wireless provider within a right-of-way.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 4 - Access to Authority Poles Within a Right-of-way › Section 402 - Prohibition on exclusive use.

Effective 9/1/2018
54-21-402.
Prohibition on exclusive use.
(1) A person owning, managing, or controlling an authority pole in a right-of-way may not enter into an exclusive arrangement with a person for the right to collocate a small wireless facility to the authority pole.
(2) A person who purchases or otherwise acquires an authority pole is subject to the requirements of this part.
(3) An authority shall allow the collocation of a small wireless facility on an authority pole in a right-of-way:
(a) as provided in this chapter; and
(b) subject to the permitting process in Part 3, Permitting Process for Small Wireless Facilities.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 4 - Access to Authority Poles Within a Right-of-way › Section 403 - Rates.

Effective 9/1/2018
54-21-403.
Rates.
The rate to collocate a small wireless facility on an authority pole:
(1) shall be nondiscriminatory, regardless of the service provided by the collocating person; and
(2) is provided in Part 5, Rates and Fees.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 5 - Rates and Fees › Section 501 - Applicability.

Effective 9/1/2018
54-21-501.
Applicability.
This part governs an authority's rates and fees for the placement in a right-of-way of:
(1) a small wireless facility; or
(2) a utility pole associated with a small wireless facility.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 5 - Rates and Fees › Section 502 - Right-of-way rates.

Effective 9/1/2018
54-21-502.
Right-of-way rates.
(1) Except as described in Subsection (2), an authority may not require a wireless provider to pay any rate, fee, or compensation to the authority, or to any other person, beyond what is expressly authorized in this chapter, for the right to use or occupy a right-of-way:
(a) for the collocation of a small wireless facility on a utility pole in the right-of-way; or
(b) for the installation, operation, modification, maintenance, or replacement of a utility pole in the right-of-way.
(2)
(a) An authority may charge a wireless provider a rate for the right to use or occupy a right-of-way as described in Subsection (1), if, except as provided in Subsection 54-21-601(6), the rate is:
(i) fair and reasonable;
(ii) competitively neutral;
(iii) nondiscriminatory;
(iv) directly related to the wireless provider's actual use of the right-of-way; and
(v) not more than the greater of:
(A) 3.5% of all gross revenue related to the wireless provider's use of the right-of-way for small wireless facilities; or
(B) $250 annually for each small wireless facility.
(b) A wireless provider subject to a rate under this Subsection (2) shall remit payments to the authority on a monthly basis.
(c) A rate charged in accordance with Subsection (2)(a)(v) is presumed to be fair and reasonable.
(3) Notwithstanding Subsection (2), an authority may not require a wireless provider to pay an additional rate, fee, or compensation for the right to use or occupy a right-of-way as described in Subsection (1), if the wireless provider is subject to the municipal telecommunications license tax under Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 5 - Rates and Fees › Section 503 - Application fees.

Effective 9/1/2018
54-21-503.
Application fees.
(1) An authority may charge an application fee, if:
(a) a similar fee is required for similar types of commercial development or construction within the authority's jurisdiction;
(b) the costs to be recovered by an application fee are not already recovered by existing fees, rates, licenses, or taxes paid by the wireless provider; and
(c) the fee does not include:
(i) travel expenses incurred by a third party in review of an application; or
(ii) payment or reimbursement of a third-party rate or fee charged on a contingency basis or a result-based arrangement.
(2) Subject to Subsection (3), an application fee for collocation of a small wireless facility is limited to the cost of granting a building permit for similar types of commercial development or construction within the authority's jurisdiction.
(3) An application fee for the collocation of a small wireless facility on an existing or replacement utility pole may not exceed $100 for each small wireless facility on the same application.
(4) If the activity is a permitted use described in Section 54-21-204, an application fee may not exceed $250 per application to install, modify, or replace a utility pole associated with a small wireless facility.
(5) If the activity is not a permitted use described in Section 54-21-204, an application fee may not exceed $1,000 per application to:
(a) install, modify, or replace a utility pole; or
(b) install, modify, or replace a new utility pole associated with a small wireless facility.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 5 - Rates and Fees › Section 504 - Authority pole collocation rate.

Effective 9/1/2018
54-21-504.
Authority pole collocation rate.
The rate to collocate a small wireless facility on an authority pole is $50 per year, per authority pole.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 6 - Implementation › Section 601 - General.

Effective 9/1/2018
54-21-601.
General.
(1) An authority may, to the extent allowed by law and consistent with this chapter, establish rates, fees, and other terms that comply with this chapter by:
(a) implementing an ordinance; or
(b) if applicable, executing an agreement with a wireless provider.
(2) In the absence of an ordinance or agreement that fully complies with this chapter, a wireless provider may install and operate a small wireless facility or a utility pole associated with a small wireless facility:
(a) subject to Section 54-21-602; and
(b) under the requirements of this chapter.
(3) An authority may establish an ordinance or require an agreement to implement this chapter.
(4)
(a) Subject to Subsection (4)(b), an authority may require a wireless provider to agree to reasonable and nondiscriminatory indemnification, insurance, or bonding requirements before a wireless provider collocates a small wireless facility in a right-of-way.
(b) An authority may not impose on a wireless provider an indemnification requirement described in Subsection (4)(a) that requires the wireless provider to indemnify the authority for the authority's negligence.
(5) An authority's obligations under this chapter may not be tolled or extended pending the implementation of an ordinance or negotiation of an agreement to implement this chapter.
(6)
(a) Nothing in this section prohibits an authority from entering into a written, nondiscriminatory agreement with one or more wireless providers to jointly test certain traffic-related functions, or other technology related to research, using specified assets of the authority or the wireless providers.
(b) An agreement described in Subsection (6)(a) may:
(i) waive certain fees the participating wireless provider would otherwise be required to pay to the authority; or
(ii) allow the participating wireless provider to pay certain fees in cash, in-kind compensation, or in a combination of cash and in-kind compensation.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 6 - Implementation › Section 602 - Noncompliant agreements and ordinances.

Effective 9/1/2018
54-21-602.
Noncompliant agreements and ordinances.
(1) An agreement or ordinance that does not fully comply with this chapter and applies to a small wireless facility or a utility pole that is operational or installed before May 11, 2018:
(a) may not be renewed or extended unless the agreement is modified to fully comply with this chapter; and
(b) is invalid and unenforceable beginning November 8, 2018, unless the agreement or ordinance is modified before November 8, 2018, to fully comply with this chapter.
(2) An agreement or ordinance entered into or passed before May 11, 2018, that does not fully comply with this chapter and applies to a small wireless facility or a utility pole that was not operational or installed before May 11, 2018, is invalid and unenforceable:
(a) beginning May 11, 2018; and
(b) until the agreement or ordinance is modified to fully comply with this chapter.
(3) If an agreement or ordinance is invalid in accordance with this section, until an agreement or ordinance that fully complies with this chapter is entered or adopted:
(a) a small wireless facility or a utility pole that is operational or installed before May 11, 2018, may remain installed and operate under the requirements of this chapter; and
(b) a small wireless facility or utility pole may become operational or be installed in the right-of-way on or after May 11, 2018, under the requirements of this chapter.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 21 - Small Wireless Facilities Deployment Act › Part 6 - Implementation › Section 603 - Relocation.

Effective 9/1/2018
54-21-603.
Relocation.
(1) Notwithstanding any provision to the contrary, an authority may require a wireless provider to relocate or adjust a small wireless facility in a public right-of-way:
(a) in a timely manner; and
(b) without cost to the authority owning the public right-of-way.
(2) The reimbursement obligations under Section 72-6-116(3)(b) do not apply to the relocation of a small wireless facility.
Enacted by Chapter 299, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 1 - General Provisions › Section 101 - Title -- Legislative findings.

Effective 5/8/2018
54-22-101.
Title -- Legislative findings.
(1) This chapter is known as the "Stray Current or Voltage Remediation Act."
(2) The Legislature finds that:
(a) to protect livestock and livestock operations, it is necessary and appropriate to establish an actionable level of stray current and voltage that is safely below any level that is capable of harming livestock or adversely affecting the behavior, health, or productivity of livestock;
(b) the efficient, effective, and safe generation, transmission, and distribution of electrical energy by electric entities is critical to the well-being of the citizens and the economy of the state;
(c) permitting an electric entity to face liability based on a level of stray current or voltage that is incapable of adversely affecting livestock seriously threatens the efficient, effective, and safe generation, transmission, and distribution of electrical energy in the state, as well as the continuing viability of economic activity that depends on electrical energy;
(d) to guarantee the sufficient availability of efficient, effective, and safe electrical energy in the state, which requires the continuing operation of electric entities, it is necessary and appropriate for the Legislature to establish a uniform actionable level for an electric entity with respect to stray current and voltage and livestock; and
(e) because the actionable level is set sufficiently below any level that is capable of adversely affecting the behavior, health, or productivity of livestock, any potential of harm to livestock from stray current or voltage below this level is highly remote and unexpected.
Enacted by Chapter 230, 2018 General Session
Technically renumbered to avoid duplication of section number also enacted in SB 189, Chapter 299, effective 9/1/2018.
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
54-22-102.
Definitions.
(1) "Actionable level" means stray current or voltage that is:
(a) a steady-state, root mean square, alternating current (AC) of 2.0 milliamps or more through a 500 ohm resistor connected between livestock contact points, as measured by a digital true root mean square meter;
(b) a steady-state, root mean square AC voltage of 1.0 volt or more across, in parallel with, a 500 ohm resistor connected between livestock contact points, as measured by a true root mean square meter;
(c) a steady-state direct current (DC) of 2.8 milliamps or more through a 500 ohm resistor connected between livestock contact points, as measured by a digital meter; or
(d) a steady-state DC voltage of 1.4 volts or more across a 500 ohm resistor connected between livestock contact points, as measured by a digital meter.
(2) "Electric entity" means:
(a) an electrical corporation, independent energy producer, qualifying power producer, interlocal entity, public agency, or person engaged in generating, furnishing, transmitting, distributing, or marketing electrical power for public or private use; and
(b) an agent, affiliate, employee, or independent contractor of a person described in Subsection (2)(a).
(3) "Interlocal entity" means the same as that term is defined in Section 11-13-103.
(4) "Livestock" means cattle, swine, sheep, equine, or poultry.
(5) "Livestock contact points" means two electrically conductive points that livestock may simultaneously contact.
(6) "Livestock operator" means a person who through an agreement with the owner of livestock has authority and is responsible to oversee the care and well being of the livestock.
(7) "Public agency" means the same as that term is defined in Section 11-13-103.
(8) "Qualified testing professional" means an electrical engineer who has:
(a) graduated with an engineering degree from an accredited university;
(b) completed no fewer than 40 hours of relevant stray current or voltage training, with electric utility experience; and
(c) been involved in at least one prior investigation involving the measurement or testing of stray current or voltage.
(9) "Root mean square" means:
(a) a measure of the effective energy value of a wave or cycle; and
(b) for regularly shaped alternating current sine waves, a value of 0.707 multiplied by the peak value of the sine wave.
(10) "Steady-state" means:
(a) for alternating current and AC voltage, a one minute average of root mean square amperage or voltage values, excluding transients; and
(b) for direct current and DC voltage, a one minute average of amperage or voltage values excluding transients.
(11) "Transient" means a current or voltage impulse:
(a) lasting less than five thousandths of a second; and
(b) found on all types of electrical, data, and communications circuits.
Enacted by Chapter 230, 2018 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 1 - General Provisions › Section 103 - Scope of chapter.

Effective 5/8/2018
54-22-103.
Scope of chapter.
This chapter does not expand or affect the jurisdiction of the commission. An electric entity is not subject to the jurisdiction of the commission unless made subject to the jurisdiction of the commission under a statute other than this chapter.
Enacted by Chapter 230, 2018 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 2 - Notice and Remedies › Section 201 - Notice -- Testing -- Reporting -- Access to property.

Effective 5/8/2018
54-22-201.
Notice -- Testing -- Reporting -- Access to property.
(1) A livestock owner or livestock operator shall file a notice with an electric entity as provided in Subsection (2) if the livestock owner or livestock operator believes that the livestock owner's or livestock operator's livestock is affected by stray current or voltage that may be attributable to an electric entity and is seeking a remedy from the electric entity.
(2) To file a notice, a livestock owner or livestock operator shall provide written notice to the electric entity that documents:
(a) the address of the livestock owner or livestock operator and the location of the potential stray current or voltage; and
(b) a description of the claimed impacts of the potential stray current or voltage.
(3) Within 30 days of receipt of notice under Subsection (1), the electric entity shall provide for testing for stray current or voltage at the location that is the subject of the notice required by Subsection (2) by a qualified testing professional.
(4)
(a) Within 60 days after completion of the tests required to be performed under this chapter, a qualified testing professional shall prepare a written report. The written report shall include:
(i) a summary of the tests performed; and
(ii) the data and results from the tests.
(b) The electric entity shall provide a copy of the written report to the livestock owner or livestock operator who provided notice under Subsection (2).
(5) A livestock owner or livestock operator who provides written notice under Subsection (2) shall provide reasonable access to the property where alleged stray current or voltage has occurred to allow testing to be conducted as directed under this section.
Enacted by Chapter 230, 2018 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 2 - Notice and Remedies › Section 202 - Plan to reduce or eliminate stray current or voltage.

Effective 5/8/2018
54-22-202.
Plan to reduce or eliminate stray current or voltage.
(1) The procedure described in Subsection (2) shall be followed if, through testing by a qualified testing professional as described in Section 54-22-201, it is determined that the electric entity's contribution to any stray current or voltage is 50% or more of the actionable level.
(2) If the conditions of Subsection (1) are met, the electric entity shall diligently pursue remediation to the electric entity's contribution to any stray current or voltage to less than 50% of the actionable level within 90 days.
(3) The livestock owner or livestock operator who provides written notice under Subsection 54-22-201(2) shall provide reasonable access for remediation.
Enacted by Chapter 230, 2018 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 2 - Notice and Remedies › Section 203 - Liability limitations.

Effective 5/8/2018
54-22-203.
Liability limitations.
(1) An electric entity may not be held liable for damages or other relief if the claim for damages or other relief is based on livestock contact with any kind of stray current or voltage contributed by the electric entity below the actionable level.
(2) There is no presumption of liability if the stray current or voltage is equal to or greater than the actionable level.
(3) A claim for nuisance may not be asserted against an electric entity for damages due to stray current or voltage. Claims for stray current or voltage shall be limited to claims of negligence. The electric entity's conduct shall be evaluated using a standard of ordinary care under the circumstances.
Enacted by Chapter 230, 2018 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 2 - Notice and Remedies › Section 204 - Committee review requirements.

Effective 5/8/2018
54-22-204.
Committee review requirements.
By November 2020 and in three year intervals thereafter, the Public Utilities, Energy, and Technology Interim Committee shall review industry standards and peer reviewed research regarding levels of stray current and voltage and impacts to livestock.
Enacted by Chapter 230, 2018 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 54 - Public Utilities › Chapter 22 - Stray Current or Voltage Remediation Act › Part 2 - Notice and Remedies › Section 205 - Disputes.

Effective 5/8/2018
54-22-205.
Disputes.
A dispute under this chapter involving an electric entity shall be resolved as follows:
(1) if the electric entity is a public utility, in accordance with Section 54-7-9; and
(2) if the electric entity is not a public utility, by filing an action with the district court.
Enacted by Chapter 230, 2018 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 54 - Public Utilities › Chapter 23 - Crossing Railroad Rights-of-way by Fiber Optic Carriers › Section 101 - Title.

Effective 5/14/2019
54-23-101.
Title.
This chapter is known as "Crossing Railroad Rights-of-Way by Fiber Optic Carriers."
Enacted by Chapter 452, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 23 - Crossing Railroad Rights-of-way by Fiber Optic Carriers › Section 102 - Definitions.

Effective 5/14/2019
54-23-102.
Definitions.
As used in this chapter:
(1) "Consumer price index" means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor.
(2)
(a) "Crossing" means a telecommunications facility constructed under or across a railroad right-of-way:
(i) at an angle between 80 degrees and 100 degrees;
(ii) with a minimum depth of:
(A) 10 feet below rail level for nonhorizontal directional drilling; or
(B) 15 feet below rail for horizontal directional drilling; and
(iii) within a county that is not a county of the first class.
(b) "Crossing" does not include longitudinal occupancy of railroad right-of-way.
(3) "Facility" or "telecommunications facility" means fiber optics or related conduit installed in a crossing.
(4) "Fiber optic carrier" means a telecommunications corporation or a telecommunications corporation's contractor or agent.
Enacted by Chapter 452, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 23 - Crossing Railroad Rights-of-way by Fiber Optic Carriers › Section 103 - Right-of-way crossing -- application for permission.

Effective 5/14/2019
54-23-103.
Right-of-way crossing -- application for permission.
(1)
(a) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility.
(b) A request under this Subsection (1) shall:
(i) be in the railroad form of a completed crossing application;
(ii) include an engineering design that:
(A) shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and
(B) conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and
(iii) include the standard crossing fee specified in Section 54-23-105.
(2) Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing.
(3) This section applies to:
(a) any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and
(b) any crossing commenced on or after May 14, 2019.
(4) If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsection (3)(a) has paid a collective amount that equals or exceeds the standard crossing fee established under Section 54-23-105 to the railroad during the existence of the crossing, no additional fee may be required.
Enacted by Chapter 452, 2019 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 23 - Crossing Railroad Rights-of-way by Fiber Optic Carriers › Section 104 - Right-of-way crossing -- Construction.

Effective 5/14/2019
54-23-104.
Right-of-way crossing -- Construction.
Unless the railroad notifies the fiber optic carrier in writing or electronically that the approved crossing is a serious threat to the safe operation of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall issue the permit or crossing agreement and schedule flagging to occur within 45 calendar days of the approved application.
Enacted by Chapter 452, 2019 General Session