Sections
Part 1 General Provisions 26B-1-102 – 26B-1-105
Part 2 Department of Health and Human Services 26B-1-201 – 26B-1-243
Part 3 Funds and Accounts 26B-1-301 – 26B-1-335
Part 4 Boards, Commissions, Councils, and Advisory Committees 26B-1-401 – 26B-1-435
Part 5 Fatality Review 26B-1-501 – 26B-1-507
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 26B > Chapter 1 - Department of Health and Human Services

  • Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • 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
  • Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by:
         (1)(a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;
         (1)(b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a clean energy source or that otherwise has not been used to satisfy Subsection 54-17-602(1):
              (1)(b)(i) wind energy;
              (1)(b)(ii) solar photovoltaic and solar thermal energy;
              (1)(b)(iii) wave, tidal, and ocean thermal energy;
              (1)(b)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
                   (1)(b)(iv)(A) organic waste;
                   (1)(b)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
                   (1)(b)(iv)(C) agricultural residues;
                   (1)(b)(iv)(D) dedicated energy crops; and
                   (1)(b)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;
              (1)(b)(v) geothermal energy;
              (1)(b)(vi) hydroelectric energy; or
              (1)(b)(vii) waste gas and waste heat capture or recovery; and
         (1)(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from demand side management as defined in Section Utah Code 54-17-601
  • Administrator: includes "executor" when the subject matter justifies the use. 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
  • Affected entity: means an entity as defined in Sections 10-9a-103 and 17-27a-103. See Utah Code 54-18-102
  • Affected landowner: means an owner of a property interest, as reflected in the most recent county or city tax records as receiving a property tax notice, whose property is located within a proposed corridor. See Utah Code 54-18-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Antenna: means communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service. See Utah Code 54-21-101
  • 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.
  • Applicant: means a wireless provider who submits an application. See Utah Code 54-21-101
  • Application: means a request submitted by a wireless provider to an authority for a permit to:
         (5)(a) collocate a small wireless facility in a right-of-way; or
         (5)(b) install, modify, or replace a utility pole or a wireless support structure. See Utah Code 54-21-101
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
         (4)(a) amended and restated articles of incorporation;
         (4)(b) articles of merger; and
         (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means :
              (6)(a)(i) the state;
              (6)(a)(ii) a state agency;
              (6)(a)(iii) a county;
              (6)(a)(iv) a municipality;
              (6)(a)(v) a town;
              (6)(a)(vi) a metrotownship;
              (6)(a)(vii) a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or
              (6)(a)(viii) a special district or entity established to provide a single public service within a specific geographic area, including:
                   (6)(a)(viii)(A) a public utility district; or
                   (6)(a)(viii)(B) an irrigation district. See Utah Code 54-21-101
  • Authority pole: means a utility pole owned, managed, or operated by, or on behalf of, an authority. See Utah Code 54-21-101
  • Auxiliary services: means those services necessary to safely and reliably:
              (1)(a)(i) interconnect and transmit electric power from any clean energy resource constructed or acquired for a community clean energy program; and
              (1)(a)(ii) integrate and supplement electric power from any clean energy resource. See Utah Code 54-17-902
  • 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
  • Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
         (3)(a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and
         (3)(b) carried forward into a subsequent year. See Utah Code 54-17-601
  • Blind: means an individual, or class of individuals, whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 55-5a-2
  • Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1
  • Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
  • Category one authority: means a single authority with a population of 65,000 or greater. See Utah Code 54-21-101
  • Category two authority: means a single authority with a population of less than 65,000. See Utah Code 54-21-101
  • Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
  • Clean energy contract: means a contract under this part for the delivery of electricity from one or more clean energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a clean energy facility to the contract customer. See Utah Code 54-17-801
  • Clean energy facility: means a clean energy source as defined in Section 54-17-601 that:
              (2)(a)(i) is located in the state; or
              (2)(a)(ii)
                   (2)(a)(ii)(A) is located outside the state; and
                   (2)(a)(ii)(B) provides energy from baseload clean resources. See Utah Code 54-17-801
  • Clean energy resource: means :
         (3)(a) electric energy generated by a source that is naturally replenished and includes one or more of the following:
              (3)(a)(i) wind;
              (3)(a)(ii) solar photovoltaic or thermal solar technology;
              (3)(a)(iii) a geothermal resource; or
              (3)(a)(iv) a hydroelectric plant including a pumped storage hydropower facility;
         (3)(b) use of an energy efficient and sustainable technology the commission has approved for implementation that:
              (3)(b)(i) increases efficient energy usage;
              (3)(b)(ii) is capable of being used for demand response;
              (3)(b)(iii) facilitates the use and development of clean generation resources through electrical grid management or energy storage; or
              (3)(b)(iv) uses carbon capture utilization and sequestration; or
         (3)(c) energy derived from nuclear fuel. See Utah Code 54-17-902
  • Clean energy source: means :
         (5)(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives its energy from one or more of the following:
              (5)(a)(i) wind energy;
              (5)(a)(ii) solar photovoltaic and solar thermal energy;
              (5)(a)(iii) wave, tidal, and ocean thermal energy;
              (5)(a)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
                   (5)(a)(iv)(A) organic waste;
                   (5)(a)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
                   (5)(a)(iv)(C) agricultural residues;
                   (5)(a)(iv)(D) dedicated energy crops; and
                   (5)(a)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;
              (5)(a)(v) geothermal energy located outside the state;
              (5)(a)(vi) waste gas and waste heat capture or recovery, including methane gas from:
                   (5)(a)(vi)(A) an abandoned coal mine; or
                   (5)(a)(vi)(B) a coal degassing operation associated with a state-approved mine permit;
              (5)(a)(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;
              (5)(a)(viii) compressed air, if:
                   (5)(a)(viii)(A) the compressed air is taken from compressed air energy storage; and
                   (5)(a)(viii)(B) the energy used to compress the air is a clean energy source;
              (5)(a)(ix) municipal solid waste; or
              (5)(a)(x) energy derived from nuclear fuel;
         (5)(b) any of the following:
              (5)(b)(i) up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;
              (5)(b)(ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or
              (5)(b)(iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
         (5)(c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b);
         (5)(d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and
         (5)(e) any of the following located in the state and owned by a user of energy:
              (5)(e)(i) a demand side management measure, as defined by Subsection Utah Code 54-17-601
  • Clean energy tariff: means a tariff offered by a qualified utility that allows the qualified utility to procure clean generation on behalf of and to serve its customers. See Utah Code 54-17-801
  • Collocate: means to install, mount, maintain, modify, operate, or replace a small wireless facility:
         (11)(a) on a wireless support structure or utility pole; or
         (11)(b) for ground-mounted equipment, adjacent to a wireless support structure or utility pole. See Utah Code 54-21-101
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Commission: means the Public Service Commission created in Section 54-1-1. See Utah Code 54-17-902
  • Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Communications service: means :
         (12)(a) a cable service, as defined in Utah Code 54-21-101
  • Communications service provider: means :
         (13)(a) a cable operator, as defined in Utah Code 54-21-101
  • Community clean energy program: means the program approved by the commission under Section 54-17-904 that allows a qualified utility to provide electric service from one or more clean energy resources to a participating customer within a participating community. See Utah Code 54-17-902
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means the excavation, construction, and installation of a high voltage electric power line or upgraded high voltage transmission line. See Utah Code 54-18-102
  • Consumer price index: means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-23-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract customer: means a person who executes or will execute a clean energy contract with a qualified utility. See Utah Code 54-17-801
  • 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: means the unincorporated area of a county. See Utah Code 54-17-902
  • 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
  • Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
              (2)(a)(i) at an angle between 80 degrees and 100 degrees;
              (2)(a)(ii) with a minimum depth of:
                   (2)(a)(ii)(A) 10 feet below rail level for nonhorizontal directional drilling; or
                   (2)(a)(ii)(B) 15 feet below rail for horizontal directional drilling; and
              (2)(a)(iii) within a county that is not a county of the first class. See Utah Code 54-23-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decorative pole: means an authority pole:
         (14)(a) that is specially designed and placed for an aesthetic purpose; and
         (14)(b)
              (14)(b)(i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than:
                   (14)(b)(i)(A) a small wireless facility;
                   (14)(b)(i)(B) a specialty designed informational or directional sign; or
                   (14)(b)(i)(C) a temporary holiday or special event attachment; or
              (14)(b)(ii) on which no appurtenance or attachment has been placed, other than:
                   (14)(b)(ii)(A) a small wireless facility;
                   (14)(b)(ii)(B) a specialty designed informational or directional sign; or
                   (14)(b)(ii)(C) a temporary holiday or special event attachment. See Utah Code 54-21-101
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
  • Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Design district: means an area:
         (15)(a) that is zoned or otherwise designated by municipal ordinance or code; and
         (15)(b) for which the authority maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. See Utah Code 54-21-101
  • Direct labor: means work required for preparation, processing and packing, other than supervision, administration, inspection, or shipping. See Utah Code 55-5a-2
  • 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
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • Division: means the Division of Public Utilities created in Section 54-4a-1. See Utah Code 54-17-902
  • Donor: The person who makes a gift.
  • Electric cooperative: means an electrical corporation that is a:
         (1)(a) distribution electrical cooperative; or
         (1)(b) wholesale electrical cooperative. See Utah Code 54-24-102
  • Electrical power delivery quality: means the suitability of power delivered to customers as measured in comparison to accepted industry standards on voltage and power quality. See Utah Code 54-25-101
  • Electrical power delivery quality plan: means a plan submitted to the commission in accordance with the requirements of this chapter. See Utah Code 54-25-101
  • Energy utility: means one of the following with 200,000 retail customers in the state:
              (1)(a)(i) an electrical corporation; or
              (1)(a)(ii) a gas corporation. See Utah Code 54-17-401
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
  • Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
  • Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
  • Fire claim: means any claim, whether based on negligence, nuisance, trespass, or any other claim for relief, brought by a non-governmental person against an electrical corporation in any civil action to recover for damage resulting from a fire event. See Utah Code 54-24-301
  • Fire event: means any unplanned or uncontrolled fire in the state alleged to have been caused by an electrical corporation. See Utah Code 54-24-301
  • 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.
  • Food service: includes restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with them. See Utah Code 55-5-6
  • Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(5). See Utah Code 26B-1-501
  • 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 the same as that term is defined in Section 54-15-102. See Utah Code 54-24-102
  • Gross revenue: means the same as gross receipts from telecommunications service is defined in Section 10-1-402. See Utah Code 54-21-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • High voltage power line: means :
         (4)(a) an electrical high voltage power line with a nominal voltage of 230 kilovolts or more; and
         (4)(b) an upgraded high voltage power line. See Utah Code 54-18-102
  • Highway: includes :
         (15)(a) a public bridge;
         (15)(b) a county way;
         (15)(c) a county road;
         (15)(d) a common road; and
         (15)(e) a state road. See Utah Code 68-3-12.5
  • Historic district: means a group of buildings, properties, or sites that are:
         (19)(a) in accordance with Utah Code 54-21-101
  • in writing: includes a communication or representation that is handwritten, typewritten, printed, photostated, photographed, or electronic. See Utah Code 54-21-101
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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
  • Inflation: means the seasonally adjusted Consumer Price Index for all urban consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-24-301
  • Initial opt-out period: means the period of time immediately after the community clean energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty. See Utah Code 54-17-902
  • Interconnection request: means a request from a utility-scale energy generation system to a qualified utility's transmission line. See Utah Code 54-25-101
  • 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
  • Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
  • Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1
  • Micro wireless facility: means a type of small wireless facility:
         (21)(a) that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;
         (21)(b) on which any exterior antenna is no longer than 11 inches; and
         (21)(c) that only provides Wi-Fi service. See Utah Code 54-21-101
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • Municipality: means a city or a town as defined in Section 10-1-104. See Utah Code 54-17-902
  • Near fatality: means alleged abuse or neglect that, as certified by a physician or physician assistant, places a child in serious or critical condition. See Utah Code 26B-1-501
  • Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Nondiscriminatory: means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. See Utah Code 54-21-101
  • 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.
  • Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 55-5a-2
  • Office: means the Office of Consumer Services created in Section 54-10a-101. See Utah Code 54-17-902
  • Ongoing costs: means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets. See Utah Code 54-17-902
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participating community: means a municipality or a county:
         (12)(a) whose residents are served by a qualified utility; and
         (12)(b) the municipality or county meets the requirements in Section 54-17-903. See Utah Code 54-17-902
  • Participating customer: means :
         (13)(a) a customer of a qualified utility located within the boundary of a municipality or county where a community clean energy program has been approved by the commission; and
         (13)(b) the customer has not exercised the right to not participate in the community clean energy program as provided in Section 54-17-905. See Utah Code 54-17-902
  • 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.
  • Permit: means a written authorization an authority requires for a wireless provider to perform an action or initiate, continue, or complete a project. See Utah Code 54-21-101
  • 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
  • Personal property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • Pilot program period: means a period of five years during which the sustainable transportation and energy plan is effective:
         (2)(a) for a large-scale electric utility, beginning on January 1, 2017; or
         (2)(b) for a large-scale natural gas utility, beginning on July 1, 2019. See Utah Code 54-20-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • Proposed corridor: means the transmission line route within a target study area selected by the public utility as the public utility's proposed alignment for a high voltage power line. See Utah Code 54-18-102
  • Proposed route: means the right-of-way needed for construction of the high voltage power line. See Utah Code 54-18-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Proven dispatchable generation resource: means a significant energy resource that has demonstrated the capability to provide dispatchable energy. See Utah Code 54-17-102
  • Public office building: means all county courthouses, all city or town halls, and all buildings used primarily for governmental offices of the state or any county, city, or town. See Utah Code 55-5-6
  • 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
  • Qualified individual: means an individual who:
         (7)(a) at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;
         (7)(b)
              (7)(b)(i) is in the custody of the department or a division of the department; and
              (7)(b)(ii) is placed in a residential placement by the department or a division of the department;
         (7)(c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:
              (7)(c)(i) an investigation for abuse, neglect, or dependency;
              (7)(c)(ii) foster care;
              (7)(c)(iii) in-home services; or
              (7)(c)(iv) substitute care;
         (7)(d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;
         (7)(e) was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:
              (7)(e)(i) the department or a division of the department is aware of the death; and
              (7)(e)(ii) the death is reported as a homicide, suicide, or an undetermined cause;
         (7)(f) received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies;
         (7)(g) dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;
         (7)(h) is a child who:
              (7)(h)(i) suffers a near fatality; and
              (7)(h)(ii) is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:
                   (7)(h)(ii)(A) an investigation for abuse, neglect, or dependency;
                   (7)(h)(ii)(B) foster care;
                   (7)(h)(ii)(C) in-home services; or
                   (7)(h)(ii)(D) substitute care; or
         (7)(i) is designated as a qualified individual by the executive director. See Utah Code 26B-1-501
  • Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-24-102
  • Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-25-101
  • Qualified utility: means an electric corporation that serves more than 200,000 retail customers in the state. See Utah Code 54-17-801
  • Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-17-902
  • Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:
         (7)(a) becomes operational or is retrofitted on or after January 1, 2008; and
         (7)(b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through another verifiably permanent reduction in carbon dioxide emissions through the use of technology. See Utah Code 54-17-601
  • Qualifying electricity: means electricity generated on or after January 1, 1995, from a clean energy source if:
         (8)(a)
              (8)(a)(i) the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or
              (8)(a)(ii) the qualifying electricity is delivered to the transmission system of an electrical corporation or a delivery point designated by the electrical corporation for the purpose of subsequent delivery to the electrical corporation; and
         (8)(b) the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 54-17-601
  • 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
  • Rate: means a recurring charge. See Utah Code 54-21-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
         (28)(a) the corporation at its:
              (28)(a)(i) registered office in this state; or
              (28)(a)(ii) principal office;
         (28)(b) the secretary of the corporation, wherever the secretary is found; or
         (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Renewable energy certificate: means a certificate issued under Section 54-17-603. See Utah Code 54-17-601
  • Replaced asset: means an existing thermal energy resource:
         (15)(a) that was built or acquired, in whole or in part, by a qualified utility to serve the qualified utility's customers, including customers within a participating community;
         (15)(b) that was built or acquired prior to commission approval and the effective date of the community clean energy program; and
         (15)(c) to the extent the asset is no longer used to serve participating customers. See Utah Code 54-17-902
  • Resource decision: means a decision, other than a decision to construct or acquire a significant energy resource, involving:
              (1)(b)(i) an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including:
                   (1)(b)(i)(A) a facility or process for the efficient, reliable, or safe provision of energy to retail customers;
                   (1)(b)(i)(B) an energy efficiency and conservation program; or
                   (1)(b)(i)(C) rural gas infrastructure development; or
              (1)(b)(ii) a decision determined by the commission to be appropriate for review under this part. See Utah Code 54-17-401
  • Right-of-way: means the area on, below, or above a public:
              (24)(a)(i) roadway;
              (24)(a)(ii) highway;
              (24)(a)(iii) street;
              (24)(a)(iv) sidewalk;
              (24)(a)(v) alley; or
              (24)(a)(vi) property similar to property listed in Subsections (24)(a)(i) through (v). See Utah Code 54-21-101
  • 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
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • Rural gas infrastructure development: means the acquisition, planning, development, extension, expansion, and construction of natural gas utility facilities to serve previously unserved rural areas of the state. See Utah Code 54-17-401
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Small wireless facility: means a type of wireless facility:
         (25)(a) on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and
         (25)(b) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:
              (25)(b)(i) electric meter;
              (25)(b)(ii) concealment element;
              (25)(b)(iii) telecommunications demarcation box;
              (25)(b)(iv) grounding equipment;
              (25)(b)(v) power transfer switch;
              (25)(b)(vi) cut-off switch;
              (25)(b)(vii) vertical cable run for the connection of power or other service;
              (25)(b)(viii) wireless provider antenna; or
              (25)(b)(ix) coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. See Utah Code 54-21-101
  • 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
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substitute care: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
  • Sustainable transportation and energy plan: means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including:
         (3)(a) a natural gas vehicle rate or natural gas clean air program described in Section Utah Code 54-20-102
  • Target study area: means the geographic area for a new high voltage transmission line or an upgraded high voltage power line as proposed by a public utility. See Utah Code 54-18-102
  • Technically feasible: means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or the small wireless facility's design or site location, can be implemented without a significant reduction or impairment to the functionality of the small wireless facility. See Utah Code 54-21-101
  • telecommunications facility: means fiber optics or related conduit installed in a crossing. See Utah Code 54-23-102
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Unbundled renewable energy certificate: means a renewable energy certificate associated with:
         (11)(a) qualifying electricity that is acquired by an electrical corporation or other person by trade, purchase, or other transfer without acquiring the electricity for which the certificate was issued; or
         (11)(b) activities listed in Subsection (5)(e). See Utah Code 54-17-601
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Upgraded high voltage power line: means increasing the voltage of an existing transmission line to 230 kilovolts or more. See Utah Code 54-18-102
  • Utah fire fund: means a fund that may be created under this section by a large-scale electric utility to serve as a resource to supplement other forms of insurance to make eligible payments. See Utah Code 54-24-301
  • Utility pole: means a pole or similar structure that:
              (28)(a)(i) is in a right-of-way; and
              (28)(a)(ii) is or may be used, in whole or in part, for:
                   (28)(a)(ii)(A) wireline communications;
                   (28)(a)(ii)(B) electric distribution;
                   (28)(a)(ii)(C) lighting;
                   (28)(a)(ii)(D) traffic control;
                   (28)(a)(ii)(E) signage;
                   (28)(a)(ii)(F) a similar function to a function described in Subsections (28)(a)(ii)(A) through (E); or
                   (28)(a)(ii)(G) the collocation of a small wireless facility. See Utah Code 54-21-101
  • Utility-scale energy generation system: means an electric generation facility that has a generating capacity of more than two megawatts and is intermittent, non-dispatchable, or controlled by an inverter. See Utah Code 54-25-101
  • Venue: The geographical location in which a case is tried.
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
  • Wholesale electrical cooperative: includes every electrical corporation that is:
         (41)(a) in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and
         (41)(b) required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage. See Utah Code 54-2-1
  • Wildland fire protection plan: means a plan submitted to the commission or governing authority in accordance with the requirements of this chapter. See Utah Code 54-24-102
  • Wireless facility: means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including:
              (29)(a)(i) equipment associated with wireless communications; and
              (29)(a)(ii) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. See Utah Code 54-21-101
  • Wireless infrastructure provider: includes a person authorized to provide a telecommunications service in the state. See Utah Code 54-21-101
  • Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
  • Wireless service: includes the use of Wi-Fi. See Utah Code 54-21-101
  • Wireless service provider: means a person who provides a wireless service. See Utah Code 54-21-101
  • Wireless support structure: means an existing or proposed structure that is:
              (34)(a)(i) in a right-of-way; and
              (34)(a)(ii) designed to support or capable of supporting a wireless facility, including a:
                   (34)(a)(ii)(A) monopole;
                   (34)(a)(ii)(B) tower, either guyed or self-supporting;
                   (34)(a)(ii)(C) billboard; or
                   (34)(a)(ii)(D) building. See Utah Code 54-21-101
  • Wireline backhaul facility: means a facility used to transport communications by wire from a wireless facility to a communications network. See Utah Code 54-21-101
  • 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