Terms Used In Utah Code > Title 11 > Chapter 13 > Part 1 - General Provisions

• Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
            (1)(a)(i) the owners of the new generating unit are the same as or different from the owner of the project; and
            (1)(a)(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Automated telephone dialing system: means equipment used to:
            (2)(a)(i) store or produce telephone numbers;
            (2)(a)(ii) call a stored or produced number; and
            (2)(a)(iii) connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102
• Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• Division: means the Division of Consumer Protection. See Utah Code 13-25a-102
• Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103
• Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103
• Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102
• Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
            (9)(b)(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or
            (9)(b)(ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103
• Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
• Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
• Interlocal entity: means :
       (12)(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
       (12)(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
• Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103
• Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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 :
       (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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project: includes a project entity's ownership interest in:
            (17)(b)(i) facilities that provide additional project capacity;
            (17)(b)(ii) facilities providing replacement project capacity;
            (17)(b)(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
            (17)(b)(iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
• Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public agency: means :
       (19)(a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
       (19)(b) the state or any department, division, or agency of the state;
       (19)(c) any agency of the United States;
       (19)(d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
       (19)(e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
• Qualified energy services interlocal entity: means an energy services interlocal entity that at the time that the energy services interlocal entity acquires its interest in facilities providing additional project capacity has at least five members that are Utah public agencies. See Utah Code 11-13-103
• Replacement project capacity: means electric generating capacity or transmission capacity that:
       (21)(a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and
       (21)(b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:

            (21)(b)(i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;

            (21)(b)(ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or

            (21)(b)(iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103
• 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
• Statute: A law passed by a legislature.
• Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
       (8)(a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
       (8)(b) soliciting a sale of or extension of credit for property or services to the person called;
       (8)(c) soliciting information that will be used for:

            (8)(c)(i) the direct solicitation of a sale of property or services to the person called; or

            (8)(c)(ii) an extension of credit to the person called for a sale of property or services;
       (8)(d) soliciting a charitable contribution; or
       (8)(e) encouraging the person called to sell real or personal property. See Utah Code 13-25a-102
• Telephone solicitor: means an individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. 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
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
       (10)(a) in response to an express request of the person called;
       (10)(b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
       (10)(c) to a person with whom the telephone solicitor has an established business relationship; or
       (10)(d) as required by law for a medical purpose. See Utah Code 13-25a-102
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.