Title 54, Title 54: Public Utilities

54-17-103. Rulemaking. (1) In accordance with, the commission: Title 63G, Chapter 3, Utah Administrative Rulemaking Act shall make rules when required by this chapter; and in addition to the rules required under Subsection, may make rules necessary for the implementation of this …

54-17-1101. Advanced transmission technologies. (1) As used in this section: "Advanced transmission technology" means a technology that increases the capacity, efficiency, or reliability of electric transmission infrastructure. "Advanced transmission technology" includes: technol…

54-17-1201. Definitions. As used in this part: (1) "Agriculture protection area" means the same as that term is defined in Section 17-81-101. (2) "Solar power plant" means a utility-scale commercial facility that: has a nameplate generating capacity in excess of one megawatt; and…

54-17-1202. Eligibility for state incentives. (1) A solar power plant for which a conditional use permit is issued after May 6, 2026, is not eligible to receive state incentives if the soil where the project is located is: prime farmland, farmland of statewide importance, farmlan…

54-17-1203. Consultation requirements. The owner or operator of a solar power plant shall consult with the Division of Wildlife Resources as required by Sectionregarding how the solar power plant could potentially impact wildlife on affected land.

54-17-1204. Decommissioning plan. (1) An owner of a solar power plant for which a conditional use permit is issued after May 6, 2026, shall: place financial assurance with the appropriate local jurisdiction, state entity, or land owner in accordance with Sectionin the form of: 11…

54-17-1205. Permit application and review. (1) A person may not construct a solar power plant without first applying for and receiving from the governing body of the appropriate local jurisdiction: a conditional use permit; a grading permit; a building permit; and any other permi…

54-17-1206. Severability. If any provision of this part or the application of any provision to any person or circumstance is held invalid, the remainder of this part shall be given effect without the invalid provision or application.

54-17-1301. Wildlife consultation required for utility scale renewable energy facilities. (1) As used in this section: "Division of Wildlife Resources" means the Division of Wildlife Resources created in Section. 23A-2-201 "Solar power plant" means a facility that: has a nameplat…

54-17-201. Solicitation process required -- Exception. (1) An affected electrical utility shall comply with this chapter to acquire or construct a significant energy resource after February 25, 2005. Notwithstanding Subsection (1)(a), this chapter does not apply to a significant …

54-17-202. Requirements for solicitation. (1) The commission shall make rules, in accordance with, outlining the requirements for a solicitation process. The rules required by this Subsectionshall include: Title 63G, Chapter 3, Utah Administrative Rulemaking Act (1) the type of s…

54-17-203. Independent evaluator. (1) The commission shall: appoint an independent evaluator to monitor any solicitation conducted by an affected electrical utility under this chapter; and oversee or direct the division to oversee the independent evaluator in monitoring any solic…

54-17-301. Review of integrated resource plan action plans. (1) As used in this part: "Baseload capacity" means the amount of baseload power that electricity generation resources can reliably produce through continuous or nearly continuous operation. "Baseload electricity resourc…

54-17-302. Approval of a significant energy resource decision required. (1) If pursuant to Part 2, Solicitation Process, an affected electrical utility is required to conduct a solicitation for a significant energy resource or obtains a waiver of the requirement to conduct a soli…

54-17-303. Cost recovery. (1) Except as otherwise provided in this section, and excluding cost recovery for costs associated with proven dispatchable generation resources, which is governed by Section, if the commission approves a significant energy resource decision under Sectio…

54-17-304. Order to proceed. (1) In the event of a change in circumstances or projected costs, an affected electrical utility may seek a commission review and determination of whether the affected electrical utility should proceed with the implementation of an approved significan…

54-17-305. Demand management programs. (1) An affected electrical utility may not: implement a demand management program unless: the consumer voluntarily participates; and the consumer provides written or electronic consent; or count anticipated demand reductions from any demand …

54-17-401. Definitions -- Rules. (1) As used in this part: "Energy utility" means one of the following with 200,000 retail customers in the state: an electrical corporation; or a gas corporation. "Resource decision" means a decision, other than a decision to construct or acquire …

54-17-402. Request for review of resource decision. (1) Beginning on February 25, 2005, before implementing a resource decision, an energy utility may request that the commission approve all or part of a resource decision in accordance with this part. (2) To obtain the approval p…

54-17-403. Cost recovery. (1) Except as otherwise provided in this section, and excluding cost recovery for costs associated with proven dispatchable generation resources, which is governed by Section, if the commission approves any portion of an energy utility's resource decisio…

54-17-404. Order to proceed. (1) In the event of a change in circumstances or projected costs, an energy utility may seek a commission review and determination of whether the energy utility should proceed with the implementation of an approved resource decision. In making a deter…

54-17-501. Waiver of requirement for solicitation or approval. (1) An affected electrical utility may obtain a waiver of the requirement that it conduct a solicitation process under, or the requirement that it obtain approval of a significant energy resource decision under, if th…

54-17-502. Clean energy source -- Solicitation -- Consultant. (1) Sectionsthroughdo not apply to a significant energy resource that is a clean energy source as defined in Sectionif the nameplate capacity of the clean energy source does not exceed 300 megawatts or, if applicable, …

54-17-601. Definitions. As used in this part: (1) "Adjusted retail electric sales" means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by: the amount of those kilowatt-hours attributable to el…

54-17-602. Target amount of qualifying electricity -- Renewable energy certificate -- Cost-effectiveness -- Cooperatives. (1) To the extent that it is cost effective to do so, beginning in 2025 the annual retail electric sales in this state of each electrical corporation shall co…

54-17-603. Renewable energy certificate -- Issuance -- Use to satisfy other requirements. (1) The commission shall establish a process for issuance or recognition of a renewable energy certificate. (2) The commission process under Subsectionshall provide for the issuance, monitor…

54-17-604. Plans and reports. (1) An electrical corporation shall develop and maintain a plan for implementing Subsection, consistent with the cost-effectiveness criteria of Subsection. 54-17-602(1) 54-17-201(2)(c)(ii) (2) A progress report concerning a plan under Subsection (1) …

54-17-605. Recovery of costs for clean energy activities. (1) In accordance with other law, the commission shall include in the retail electric rates of an electrical corporation whose rates the commission regulates the state's share of any of the costs listed in Subsection (2) t…

54-17-606. Commission rules. The commission shall make rules as necessary to implement this part.

54-17-607. Procedure and appeals under this chapter. (1) The governing authority, as defined in Section, has primary jurisdiction concerning issues of interpretation, implementation, and administration of this chapter. 54-15-102 (2) An appeal of a commission order under this chap…

54-17-801. Definitions. As used in this part: (1) "Clean energy contract" means a contract under this part for the delivery of electricity from one or more clean energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution syste…

54-17-802. Contracts for the purchase of electricity from a clean 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 clean energy contract with the …

54-17-803. Ownership of a clean energy facility -- Joint ownership -- Ownership of environmental attributes. (1) A clean energy facility may be owned: by a person who will be a contract customer receiving electricity from the clean energy facility; by a qualified utility; by a pe…

54-17-804. Exemption from certificate of convenience and necessity requirements. (1) A qualified utility is not required to comply with Sectionwith respect to a clean energy facility that is the subject of a clean energy contract if: 54-4-25 each contract necessary for the commis…

54-17-805. Costs associated with delivering electricity from a clean energy facility to a contract customer. (1) To the extent that a clean energy contract provides for the delivery of electricity from a clean energy facility owned by the contract customer, the clean energy contr…

54-17-806. Qualified utility clean energy tariff. (1) The commission may authorize a qualified utility to implement a clean energy tariff in accordance with this section if the commission determines the tariff that the qualified utility proposes is reasonable and in the public in…

54-17-807. Solar photovoltaic or thermal solar energy facilities. (1) As used in this section, "acquire" means to purchase, construct, or purchase the output from a photovoltaic or thermal solar energy resource. (2) In accordance with this section, a qualified utility may file an…

54-17-901. Community Clean Energy Act. This part is known as the "Community Clean Energy Act."

54-17-902. Definitions. As used in this part: (1) "Auxiliary services" means those services necessary to safely and reliably: interconnect and transmit electric power from any clean energy resource constructed or acquired for a community clean energy program; and integrate and su…

54-17-903. Program requirement for a municipality or county. (1) As used in this section, "renewable energy resource" means the same as the term "clean energy resource" is defined in Section. 54-17-902 Customers of a qualified utility may be served by the community clean energy p…

54-17-904. Authority of commission to approve a community clean energy program. (1) After the commission has adopted administrative rules as required under Section, a qualified utility may file an application with the commission for approval of a community clean energy program. 5…

54-17-905. Customer participation -- Election not to participate. (1) After commission approval of a community clean energy program and adoption of the ordinance by the participating community as required in Section, a qualified utility shall provide notice to each of its custome…

54-17-906. Customer billing. The qualified utility shall: (1) include information on its monthly bills to participating customers identifying the community clean energy program cost; and (2) provide notice to participating customers of any change in rate for participation in the …

54-17-907. Rate adjustment filing -- Modification of rates for participating customers. (1) 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 …

54-17-908. Acquisition of clean 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 clean assets acquired by the qualified utility fo…

54-17-909. Commission rulemaking authority. In accordance with, 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…