Utah Code 54-14-201. Conditions on siting of facilities by local governments — Payment of actual excess costs
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If otherwise authorized by law, a local government may require or condition the construction of a facility in any manner if:
(1) the requirements or conditions do not impair the ability of the public utility to provide safe, reliable, and adequate service to its customers; and
Terms Used In Utah Code 54-14-201
- Actual excess cost: means the difference in cost between:(1)(a) the standard cost of a facility; and(1)(b) the actual cost of the facility, including any necessary right-of-way, as determined in accordance with Section 54-14-203. See Utah Code 54-14-103
- Board: means the Utility Facility Review Board. See Utah Code 54-14-103
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Facility: includes a high voltage power line route as defined in Section 54-18-102. See Utah Code 54-14-103
- Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
(2) the local government pays for the actual excess cost resulting from the requirements or conditions, except:(2)(a) any actual excess costs that the public utility collects from its customers pursuant to an order, rule, or regulation of the commission; or(2)(b) any portion of the actual excess costs that the board requires to be borne by the public utility.