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Public Utilities | |
Duties of Public Utilities | |
Section 28 | Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property. |
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54-3-28. Notice required of certain public utilities before preparing or amending a
long-range plan or acquiring certain property. (1) As used in this section: (a) (i) "Affected entity" means each county, municipality, local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, special service district, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility: (A) whose services or facilities are likely to require expansion or significant modification because of expected uses of land under a proposed long-range plan or under proposed amendments to a long-range plan; or (B) that has filed with the specified public utility a copy of the general or long-range plan of the county, municipality, local district, special service district, school district, interlocal cooperation entity, or specified public utility. (ii) "Affected entity" does not include the specified public utility that is required under Subsection (2) to provide notice. (b) "Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. (2) (a) If a specified public utility prepares a long-range plan regarding its facilities proposed for the future in a county of the first or second class or amends an already existing long-range plan, the specified public utility shall, before preparing a long-range plan or amendments to an existing long-range plan, provide written notice, as provided in this section, of its intent to prepare a long-range plan or to amend an existing long-range plan. (b) Each notice under Subsection (2) shall: (i) indicate that the specified public utility intends to prepare a long-range plan or to amend a long-range plan, as the case may be; (ii) describe or provide a map of the geographic area that will be affected by the long-range plan or amendments to a long-range plan; (iii) be sent to: (A) each county in whose unincorporated area and each municipality in whose boundaries is located the land on which the proposed long-range plan or amendments to a long-range plan are expected to indicate that the proposed facilities will be located; (B) each affected entity; (C) the Automated Geographic Reference Center created in Section 63F-1-506; (D) each association of governments, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality described in Subsection (2)(b)(iii)(A) is a member; and (E) the state planning coordinator appointed under Section 63J-4-202; (iv) with respect to the notice to counties and municipalities described in Subsection (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public utility to consider in the process of preparing, adopting, and implementing the long-range plan or amendments to a long-range plan concerning: (A) impacts that the use of land proposed in the proposed long-range plan or amendments to a long-range plan may have on the county, municipality, or affected entity; and (B) uses of land that the county, municipality, or affected entity is planning or considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
Amended by Chapter 382, 2008 General Session |
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