Public Utilities
Utility Facility Review Board Act
Section 201
Conditions on siting of facilities by local governments -- Payment of actual excess costs.
     54-14-201.   Conditions on siting of facilities by local governments -- Payment of actual excess costs.
     If otherwise authorized by law, a local government may require or condition the construction of a facility in any manner if:
     (1) the requirements or conditions do not impair the ability of the public utility to provide safe, reliable, and adequate service to its customers; and
     (2) the local government pays for the actual excess cost resulting from the requirements or conditions, except:
     (a) any actual excess costs that the public utility collects from its customers pursuant to an order, rule, or regulation of the commission; or
     (b) any portion of the actual excess costs that the board requires to be borne by the public utility.

Enacted by Chapter 197, 1997 General Session
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