Utah Code 54-14-306. Action required of local government following board decision
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(1) If the board decides that a facility permitted to be constructed by a local government is subject to requirements or conditions that impose an estimated excess cost but do not impair the provision of safe, reliable, and adequate service to customers of the public utility, the local government shall, within 20 days following the decision of the board, determine whether it will impose the requirement or conditions imposing an estimated excess cost or issue the permit, authorization, approval, exception, or waiver without the requirements or conditions imposing an estimated excess cost.
Terms Used In Utah Code 54-14-306
- 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
- Estimated excess cost: means any material difference in estimated cost between the costs of a facility, including any necessary right-of-way, if constructed in accordance with the requirements of a local government and the standard cost of the facility. See Utah Code 54-14-103
- Facility: includes a high voltage power line route as defined in Section 54-18-102. See Utah Code 54-14-103
- Pay: includes , in reference to a local government paying the actual excess cost of a facility, payment by:(8)(a) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts;(8)(b) a special service district under Title 17D, Chapter 1, Special Service District Act; or(8)(c) a private entity other than the public utility pursuant to a regulation or decision of the local government. 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) If the board decides that a facility should be constructed that the local government has prohibited, the local government shall, within 60 days following the decision of the board, issue the permit, authorization, approval, exception, or waiver consistent with the decision of the board.
(3) The local government may impose requirements or conditions pursuant to its zoning, subdivision, or building code regulations if:
(3)(a) the requirements or conditions do not impair safe, reliable, and adequate service to the customers of the utility; and
(3)(b) the local government enters into an agreement with the public utility within the 20-day time limit specified by Subsection (1) or the 60-day time limit specified by Subsection (2) to pay for the actual excess cost to the public utility, except any actual excess costs specified in Subsection 54-14-201(2)(a) or (2)(b) , at least 30 days before the date construction of the facility should commence.