Terms Used In Utah Code > Title 10 > Chapter 19 > Part 2 - Renewable Energy Provisions

• 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
• 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
• 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
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• 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
• 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
• 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
• 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