Utah Code 79-6-401. Office of Energy Development — Creation — Director — Purpose — Rulemaking regarding confidential information — Fees — Transition for employees
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(1) There is created an Office of Energy Development within the Department of Natural Resources to be administered by a director.
Terms Used In Utah Code 79-6-401
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Clean: means minimizing adverse environmental impact and able to meet state standards for environmental quality. See Utah Code 79-6-102
- Department: means the Department of Natural Resources created in Section
79-2-201 . See Utah Code 79-1-102 - Executive director: means the executive director of the department who is appointed under Section
79-2-202 . See Utah Code 79-1-102 - Office: means the Office of Energy Development created in Section
79-6-401 . See Utah Code 79-6-102 - Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
(2)
(2)(a) The executive director shall appoint the director and the director shall serve at the pleasure of the executive director.
(2)(b) The director shall have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the office’s affairs.
(3) The purposes of the office are to:
(3)(a) serve as the primary resource for advancing energy and mineral development in the state;
(3)(b) implement:
(3)(b)(i) the state energy policy under Section 79-6-301 ; and
(3)(b)(ii) the governor’s energy and mineral development goals and objectives;
(3)(c) advance energy education, outreach, and research, including the creation of elementary, higher education, and technical college energy education programs;
(3)(d) promote energy and mineral development workforce initiatives;
(3)(e) support collaborative research initiatives targeted at Utah-specific energy and mineral development;
(3)(f) in coordination with the Department of Environmental Quality and other relevant state agencies:
(3)(f)(i) develop effective policy strategies to advocate for and protect the state’s interests relating to federal energy and environmental entities, programs, and regulations;
(3)(f)(ii) participate in the federal environmental rulemaking process by:
(3)(f)(ii)(A) advocating for positive reform of federal energy and environmental regulations and permitting;
(3)(f)(ii)(B) coordinating with other states to develop joint advocacy strategies; and
(3)(f)(ii)(C) conducting other government relations efforts; and
(3)(f)(iii) direct the funding of legal efforts to combat federal overreach and unreasonable delays regarding energy and environmental permitting; and
(3)(g) fund the development of detailed and accurate forecasts of the state’s long-term energy supply and demand, including a baseline projection of expected supply and demand and analysis of potential alternative scenarios.
(4) By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the office may:
(4)(a) seek federal grants or loans;
(4)(b) seek to participate in federal programs; and
(4)(c) in accordance with applicable federal program guidelines, administer federally funded state energy programs.
(5) The office shall perform the duties required by Sections 11-42a-106 , 59-5-102 , 59-7-614.7 , 59-10-1029 , Part 5, Alternative Energy Development Tax Credit Act, and Part 6, High Cost Infrastructure Development Tax Credit Act.
(6)
(6)(a) For purposes of administering this section, the office may make rules, by following Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to maintain as confidential, and not as a public record, information that the office receives from any source.
(6)(b) The office shall maintain information the office receives from any source at the level of confidentiality assigned by the source.
(7) The office may charge application, filing, and processing fees in amounts determined by the office in accordance with Section 63J-1-504 as dedicated credits for performing office duties described in this part.
(8)
(8)(a) An employee of the office on April 30, 2024, is an at-will employee.
(8)(b) For an employee described in Subsection (8)(a) who was employed by the office on April 30, 2024, the employee shall have the same salary and benefit options an employee had when the office was part of the office of the governor.
(8)(c) An employee of the office hired on or after May 1, 2024, shall receive compensation as provided in Title 63A, Chapter 17, Utah State Personnel Management Act.
(9)
(9)(a) The office shall prepare a strategic energy plan to achieve the state’s energy policy, including:
(9)(a)(i) technological and infrastructure innovation needed to meet future energy demand including:
(9)(a)(i)(A) energy production technologies;
(9)(a)(i)(B) battery and storage technologies;
(9)(a)(i)(C) smart grid technologies;
(9)(a)(i)(D) energy efficiency technologies; and
(9)(a)(i)(E) any other developing energy technology, energy infrastructure planning, or investments that will assist the state in meeting energy demand;
(9)(a)(ii) the state’s efficient use and development of:
(9)(a)(ii)(A) energy resources, including natural gas, coal, clean coal, hydrogen, oil, oil shale, and oil sands;
(9)(a)(ii)(B) renewable energy resources, including geothermal, solar, hydrogen, wind, biomass, biofuel, and hydroelectric;
(9)(a)(ii)(C) nuclear power; and
(9)(a)(ii)(D) earth minerals;
(9)(a)(iii) areas of energy-related academic research;
(9)(a)(iv) specific areas of workforce development necessary for an evolving energy industry;
(9)(a)(v) the development of partnerships with national laboratories; and
(9)(a)(vi) a proposed state budget for economic development and investment.
(9)(b) In preparing the strategic energy plan, the office shall:
(9)(b)(i) consult with stakeholders, including representatives from:
(9)(b)(i)(A) energy companies in the state;
(9)(b)(i)(B) private and public institutions of higher education within the state conducting energy-related research; and
(9)(b)(i)(C) other state agencies; and
(9)(b)(ii) use modeling and industry standard data to:
(9)(b)(ii)(A) define the energy services required by a growing economy;
(9)(b)(ii)(B) calculate energy needs;
(9)(b)(ii)(C) develop state strategy for energy transportation, including transmission lines, pipelines, and other infrastructure needs;
(9)(b)(ii)(D) optimize investments to meet energy needs at the least cost and least risk while meeting the policy outlined in this section;
(9)(b)(ii)(E) address state needs and investments through a prospective 30-year period, divided into five-year working plans; and
(9)(b)(ii)(F) update the plan at least every two years.
(9)(c) The office shall report annually to the Public Utilities, Energy, and Technology Interim Committee on or before the October interim meeting describing:
(9)(c)(i) progress towards creation and implementation of the strategic energy plan;
(9)(c)(ii) the plan’s compliance with the state energy policy; and
(9)(c)(iii) a proposed budget for the office to continue development of the strategic energy plan.
(10) The director shall:
(10)(a) annually review and propose updates to the state’s energy policy, as contained in Section 79-6-301 ;
(10)(b) promote as the governor considers necessary:
(10)(b)(i) the development of cost-effective energy resources both renewable and nonrenewable; and
(10)(b)(ii) educational programs, including programs supporting conservation and energy efficiency measures;
(10)(c) coordinate across state agencies to assure consistency with state energy policy, including:
(10)(c)(i) working with the State Energy Program to promote access to federal assistance for energy-related projects for state agencies and members of the public;
(10)(c)(ii) working with the Division of Emergency Management to assist the governor in carrying out the governor’s energy emergency powers under Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act;
(10)(c)(iii) participating in the annual review of the energy emergency plan and the maintenance of the energy emergency plan and a current list of contact persons required by Section 53-2a-902 ; and
(10)(c)(iv) identifying and proposing measures necessary to facilitate low-income consumers’ access to energy services;
(10)(d) coordinate with the Division of Emergency Management ongoing activities designed to test an energy emergency plan to ensure coordination and information sharing among state agencies and political subdivisions in the state, public utilities and other energy suppliers, and other relevant public sector persons as required by Sections 53-2a-902 , 53-2a-1004 , 53-2a-1008 , and 53-2a-1010 ;
(10)(e) coordinate with requisite state agencies to study:
(10)(e)(i) the creation of a centralized state repository for energy-related information;
(10)(e)(ii) methods for streamlining state review and approval processes for energy-related projects; and
(10)(e)(iii) the development of multistate energy transmission and transportation infrastructure;
(10)(f) coordinate energy-related regulatory processes within the state;
(10)(g) compile, and make available to the public, information about federal, state, and local approval requirements for energy-related projects;
(10)(h) act as the state’s advocate before federal and local authorities for energy-related infrastructure projects or coordinate with the appropriate state agency; and
(10)(i) help promote the Division of Facilities Construction and Management’s measures to improve energy efficiency in state buildings.
(11) The director has standing to testify on behalf of the governor at the Public Service Commission created in Section 54-1-1 .
(12) The office shall include best practices in developing actionable goals and recommendations as part of preparing and updating every two years the strategic energy plan required under Subsection (9).
(13) The office shall maintain and regularly update a public website that provides an accessible dashboard of relevant metrics and reports and makes available the data used to create the strategic energy plan.