Terms Used In Utah Code > Title 26A > Chapter 1 - Local Health Departments

• 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
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
• Annualized billing period: means :
       (1)(a) a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or
       (1)(b) an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. See Utah Code 54-15-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1
• Benchmark option: means an energy resource against which bids in an open bid process may be evaluated that:
       (2)(a) could be constructed or owned by:

            (2)(a)(i) an affected electrical utility; or

            (2)(a)(ii) an affiliate of an affected electrical utility; or
       (2)(b) may be a purchase of:

            (2)(b)(i) electricity;

            (2)(b)(ii) electric generating capacity; or

            (2)(b)(iii) electricity and electric generating capacity. See Utah Code 54-17-102
• Board: means the Utility Facility Review Board. See Utah Code 54-14-103
• Board: means a local board of health established under Section 26A-1-109. See Utah Code 26A-1-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County governing body: means one of the types of county government provided for in Title 17, Chapter 52a, Part 2, Forms of County Government. See Utah Code 26A-1-102
• County health department: means a local health department that serves a county and municipalities located within that county. See Utah Code 26A-1-102
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Customer-generated electricity: means electricity that:
       (2)(a) is generated by a customer generation system for a customer participating in a net metering program;
       (2)(b) exceeds the electricity the customer needs for the customer's own use; and
       (2)(c) is supplied to the electrical corporation administering the net metering program. See Utah Code 54-15-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 26A-1-102
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispatchability: means the extent to which an energy resource is dispatchable. See Utah Code 54-17-102
• Dispatchable: means available for use on demand and generally available to be delivered at a time and quantity of the operator's choosing. See Utah Code 54-17-102
• Distribution electrical cooperative: includes an electrical corporation that:
       (8)(a) is a cooperative;
       (8)(b) conducts a business that includes the retail distribution of electricity the cooperative purchases or generates for the cooperative's members; and
       (8)(c) is required to allocate or distribute savings in excess of additions to reserves and surplus on the basis of patronage to the cooperative's:

            (8)(c)(i) members; or

            (8)(c)(ii) patrons. See Utah Code 54-2-1
• Eligible facility: means a facility that uses energy derived from one of the following to generate electricity:
       (4)(a) solar photovoltaic and solar thermal energy;
       (4)(b) wind energy;
       (4)(c) hydrogen;
       (4)(d) organic waste;
       (4)(e) hydroelectric energy;
       (4)(f) waste gas and waste heat capture or recovery;
       (4)(g) biomass and biomass byproducts, except for the combustion of:

            (4)(g)(i) wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or

            (4)(g)(ii) municipal waste in a solid form;
       (4)(h) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
       (4)(i) agricultural residues;
       (4)(j) dedicated energy crops;
       (4)(k) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or
       (4)(l) geothermal energy. See Utah Code 54-15-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equipment package: means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. See Utah Code 54-15-102
• 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Excess customer-generated electricity: means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. See Utah Code 54-15-102
• Facility: includes a high voltage power line route as defined in Section 54-18-102. See Utah Code 54-14-103
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
• Gas pipeline: means equipment, material, and structures used to transport gas to the public utility's customers, including:
            (6)(a)(i) pipe;
            (6)(a)(ii) a compressor;
            (6)(a)(iii) a pressure regulator;
            (6)(a)(iv) a support structure; and
            (6)(a)(v) any other equipment or structure used to transport or facilitate transportation of gas through a pipe. See Utah Code 54-14-103
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing authority: means :
       (8)(a) for a distribution electrical cooperative, its board of directors; and
       (8)(b) for each other electrical corporation, the Public Service Commission. See Utah Code 54-15-102
• Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Integrated resource plan: means a plan that contains:
       (5)(a) the demand and energy forecast by the affected electrical utility for at least a ten-year period;
       (5)(b) the affected electrical utility's options for meeting the requirements shown in the affected electrical utility's load and resource forecast in an economic and reliable manner, including:

            (5)(b)(i) demand-side and supply-side options; and

            (5)(b)(ii) a brief description and summary cost-benefit analysis, if available, of each option that was considered;
       (5)(c) the affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service;
       (5)(d) a description of the external environmental and economic consequences of the plan to the extent practicable; and
       (5)(e) any other data and analyses as the commission may require. See Utah Code 54-17-102
• Inverter: means a device that:
       (9)(a) converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and
       (9)(b) has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local food: means the same as that term is defined in Section 4-1-109. See Utah Code 26A-1-102
• Local health department: means :
       (6)(a) a single county local health department;
       (6)(b) a multicounty local health department;
       (6)(c) a united local health department; or
       (6)(d) a multicounty united local health department. See Utah Code 26A-1-102
• Mental health authority: means a local mental health authority created in Section 17-43-301. See Utah Code 26A-1-102
• Multicounty local health department: means a local health department that is formed under Section 26A-1-105 and that serves two or more contiguous counties and municipalities within those counties. See Utah Code 26A-1-102
• Multicounty united local health department: means a united local health department that is formed under Section Utah Code 26A-1-102
• Net electricity: means the difference, as measured at the meter owned by the electrical corporation between:
       (10)(a) the amount of electricity that an electrical corporation supplies to a customer participating in a net metering program; and
       (10)(b) the amount of customer-generated electricity delivered to the electrical corporation. See Utah Code 54-15-102
• Net metering: means measuring the amount of net electricity for the applicable billing period. See Utah Code 54-15-102
• Net metering program: means a program administered by an electrical corporation whereby a customer with a customer generation system may:
       (12)(a) generate electricity primarily for the customer's own use;
       (12)(b) supply customer-generated electricity to the electrical corporation; and
       (12)(c) if net metering results in excess customer-generated electricity during a billing period, receive a credit as provided in Section 54-15-104. See Utah Code 54-15-102
• Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Order of constraint: includes a stay-at-home order. See Utah Code 26A-1-102
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Proceeding: includes :
       (26)(a) a civil suit;
       (26)(b) arbitration or mediation; and
       (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public health emergency: means the same as that term is defined in Section 26B-7-301. See Utah Code 26A-1-102
• 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
• Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, Utah Code 54-2-1
• Qualifying power producer: means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. See Utah Code 54-2-1
• Quorum: The number of legislators that must be present to do business.
• Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
• Risk: includes the probability that:
            (8)(b)(i) overreliance on intermittent resources will create instability or inadequacy in meeting electricity demand;
            (8)(b)(ii) the energy resource will be unable to provide a consistent and resilient supply of electricity to consumers; and
            (8)(b)(iii) electricity costs will become unsustainable for consumers. See Utah Code 54-17-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shareholder: means :
            (34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
            (34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
• Single county local health department: means a local health department that is created by the governing body of one county to provide services to the county and the municipalities within that county. See Utah Code 26A-1-102
• Solicitation: means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource. See Utah Code 54-17-102
• Standard cost: means the estimated cost of a facility, including any necessary right-of-way, if constructed in accordance with:
            (9)(a)(i) the public utility's normal practices; and
            (9)(a)(ii) zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements:

                 (9)(a)(ii)(A) imposed on similar land uses in the same zone; and

                 (9)(a)(ii)(B) that do not impair the ability of the public utility to provide service to its customers in a safe, reliable, adequate, and efficient manner. See Utah Code 54-14-103
• 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.
• Stay-at-home order: means an order of constraint that:
       (13)(a) restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and
       (13)(b) may include exceptions for certain essential tasks. See Utah Code 26A-1-102
• Substance abuse authority: means a local substance abuse authority created in Section 17-43-201. See Utah Code 26A-1-102
• Substation: means a separate space within which electric supply equipment is located for the purpose of switching, regulating, transforming, or otherwise modifying the characteristics of electricity, including:
            (10)(a)(i) electrical equipment such as transformers, circuit breakers, voltage regulating equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and other related equipment;
            (10)(a)(ii) the site at which the equipment is located, any foundations, support structures, buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and
            (10)(a)(iii) the structure intended to restrict access to the equipment to qualified persons. See Utah Code 54-14-103
• Switchgear: means the combination of electrical disconnects, fuses, or circuit breakers:
       (13)(a) used to:

            (13)(a)(i) isolate electrical equipment; and

            (13)(a)(ii) de-energize equipment to allow work to be performed or faults downstream to be cleared; and
       (13)(b) that is:

            (13)(b)(i) designed, tested, and certified to UL1741; and

            (13)(b)(ii) installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transmission line: includes , for purposes of Title 54, Chapter 18, Siting of High Voltage Power Line Act, an electrical line as described in Subsection (11)(a) operated at a nominal voltage of 230 kilovolts or more. See Utah Code 54-14-103
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• 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.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5