Title 54, Public Utilities

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 a…

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 20, Municipal Land Use, Development, and Management Act, and Title 17, …

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 …

54-19-101. Title. This chapter is known as "Regulation of Internet Protocol Services."

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) "Voi…

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. (…

54-20-101. Title. This chapter is known as the "Sustainable Transportation and Energy Plan Act."

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 l…

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 larg…

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)…

54-20-105. Innovative utility programs. (1) The commission may authorize, subject to funding available under Subsection 54-7-12.8(6)(b)(ii)(B), a large-scale electric utility to implement programs that the commission determines are in the interest of large-scale electric utility …

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…

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 publ…

54-21-101. Definitions. As used in this chapter: (1) "Antenna" means communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service. (2) "Applicable codes" means the International Building Code, the Intern…

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 …

54-21-103. Local authority jurisdiction. (1) Subject to Subsection (2), the provisions of this chapter, and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within the authority's territorial boundaries, including …

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.

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 replacem…

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 …

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 s…

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 t…

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.

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 prohi…

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…

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 unreas…

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 auth…

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 replac…

54-21-302. Permitting process, requirements, and limitations. (1) An authority may require an applicant to obtain a permit to: (a) collocate a small wireless facility in a right-of-way; or (b) install a new, modified, or replacement utility pole associated with a small wireless f…

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 wir…

54-21-401. Applicability. This part applies to activities of a wireless provider within a right-of-way.

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 purcha…

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.

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.

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 …

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 reco…

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.

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. …

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…

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-o…

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 curr…

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…

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.

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 ope…

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 …

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 lev…

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 t…