Terms Used In Utah Code > Title 10 > Chapter 19 - Municipal Electric Utility Carbon Emission Reduction Act

• Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:
       (1)(a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;
       (1)(b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a clean energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1):

            (1)(b)(i) wind energy;

            (1)(b)(ii) solar photovoltaic and solar thermal energy;

            (1)(b)(iii) wave, tidal, and ocean thermal energy;

            (1)(b)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (1)(b)(iv)(A) organic waste;

                 (1)(b)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (1)(b)(iv)(C) agricultural residues;

                 (1)(b)(iv)(D) dedicated energy crops; and

                 (1)(b)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (1)(b)(v) geothermal energy;

            (1)(b)(vi) hydro-electric energy; or

            (1)(b)(vii) waste gas and waste heat capture or recovery; and
       (1)(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
       (3)(a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and
       (3)(b) carried forward into a subsequent year. See Utah Code 10-19-102
• City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
• Clean energy source: means :
       (5)(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives energy from one or more of the following:

            (5)(a)(i) wind energy;

            (5)(a)(ii) solar photovoltaic and solar thermal energy;

            (5)(a)(iii) wave, tidal, and ocean thermal energy;

            (5)(a)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (5)(a)(iv)(A) organic waste;

                 (5)(a)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (5)(a)(iv)(C) agricultural residues;

                 (5)(a)(iv)(D) dedicated energy crops; and

                 (5)(a)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (5)(a)(v) geothermal energy located outside the state;

            (5)(a)(vi) waste gas and waste heat capture or recovery, including methane gas from:

                 (5)(a)(vi)(A) an abandoned coal mine; or

                 (5)(a)(vi)(B) a coal degassing operation associated with a state-approved mine permit;

            (5)(a)(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;

            (5)(a)(viii) a compressed air energy storage process, if:

                 (5)(a)(viii)(A) the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or

                 (5)(a)(viii)(B) equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process;

            (5)(a)(ix) municipal solid waste;

            (5)(a)(x) nuclear fuel; or

            (5)(a)(xi) carbon capture utilization and sequestration;
       (5)(b) any of the following:

            (5)(b)(i) up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;

            (5)(b)(ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and

            (5)(b)(iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
       (5)(c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b);
       (5)(d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and
       (5)(e) any of the following located in the state and owned by a user of energy:

            (5)(e)(i) a demand side management measure, as defined by Subsection Utah Code 10-19-102
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Public Service Commission. See Utah Code 10-19-102
• Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dead body: means the same as that term is defined in Section 26B-8-101. See Utah Code 26B-8-201
• Dead body: means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred. See Utah Code 26B-8-101
• Dead fetus: means a product of human conception, other than those circumstances described in Subsection 76-7-301(1):
       (7)(a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery; and
       (7)(b) that was not born alive. See Utah Code 26B-8-101
• Decedent: A deceased person.
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispositioner: means :
       (9)(a) a person designated in a written instrument, under Subsection 58-9-602(1), as having the right and duty to control the disposition of the decedent, if the person voluntarily acts as the dispositioner; or
       (9)(b) the next of kin of the decedent, if:

            (9)(b)(i)

                 (9)(b)(i)(A) a person has not been designated as described in Subsection (9)(a); or

                 (9)(b)(i)(B) the person described in Subsection (9)(a) is unable or unwilling to exercise the right and duty described in Subsection (9)(a); and

            (9)(b)(ii) the next of kin voluntarily acts as the dispositioner. See Utah Code 26B-8-101
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101
• Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-8-101
• Health care professional: means any of the following while acting in a professional capacity:
       (4)(a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
       (4)(b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or
       (4)(c) an advance practice registered nurse licensed under Subsection 58-31b-301(2)(e). See Utah Code 26B-8-201
• Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
• Medical examiner: means the state medical examiner appointed pursuant to Section 26B-8-202 or a deputy appointed by the medical examiner. See Utah Code 26B-8-201
• Misappropriation: means :
       (2)(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
       (2)(b) disclosure or use of a trade secret of another without express or implied consent by a person who:

            (2)(b)(i) used improper means to acquire knowledge of the trade secret; or

            (2)(b)(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

                 (2)(b)(ii)(A) derived from or through a person who had utilized improper means to acquire it;

                 (2)(b)(ii)(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

                 (2)(b)(ii)(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

            (2)(b)(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate. See Utah Code 26B-1-102
• Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:
       (8)(a) becomes operational or is retrofitted on or after January 1, 2008; and
       (8)(b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through other verifiably permanent reductions in carbon dioxide emissions through the use of technology. See Utah Code 10-19-102
• Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
       (9)(a)

            (9)(a)(i) the clean energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

            (9)(a)(ii) the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and
       (9)(b) the clean energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
       (4)(a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
       (4)(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2
• Vital records: means :
       (26)(a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;
       (26)(b) amendments to any of the registered certificates or reports described in Subsection (26)(a);
       (26)(c) an adoption document; and
       (26)(d) other similar documents. See Utah Code 26B-8-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5