H.B. 202 Enrolled

UTAH ENERGY OFFICE AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Stephen H. Urquhart
This act modifies the Utah Natural Resources Act to address the energy-related duties of
the executive director of the Department of Natural Resources and the Utah Energy
Office and to make technical changes. This act has a special effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-34-5 (Contingently Effective), as last amended by Chapters 142, 176 and 231,
Laws of Utah 2002
63-34-5 (Contingently Superseded), as last amended by Chapters 176 and 231, Laws
of Utah 2002
63-34-101, as enacted by Chapter 231, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-34-5 (Contingently Effective) is amended to read:
63-34-5 (Contingently Effective). Executive director of Department of Natural
Resources -- Appointment -- Removal -- Compensation -- Responsibilities -- Department
fee schedule.
(1) (a) The chief administrative officer of the Department of Natural Resources shall be
an executive director appointed by the governor with the consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the Department of Natural Resources and provide for
coordination and cooperation among the boards, divisions, and offices of the department;
(b) approve the budget of each board and division;
[(c) (i) coordinate state governmental functions regarding energy development and

use;]
[(ii) facilitate the development and implementation of policies and programs relating to
energy production, processing, utilization, and technology in the state;]
[(iii) coordinate and consolidate energy resource data collection throughout state
government;]
[(iv) perform forecasts of state-level energy production, consumption, and prices;]
[(v) monitor federal laws and regulations relating to energy development, processing, or
use, and recommend policy positions for the state;]
[(vi)] (c) participate in regulatory proceedings as appropriate to the functions and duties
of the department;
[(vii) represent the state on regional and national energy matters on his own initiative or
as requested by the governor; and]
[(viii) provide the Legislature and the governor with:]
[(A) a biennial report addressing the current status of energy markets in the state; and]
[(B) an independent assessment of energy issues;]
(d) ensure that funds appropriated to the Department of Natural Resources from the
Wetlands Protection Account created by Section 63-34-3.2 are expended in accordance with
Subsection 63-34-3.2 (3);
(e) ensure that funds appropriated to the Department of Natural Resources from the
Recreational Trails and Streams Enhancement and Protection Account created by Section
63-34-3.3 are expended in accordance with Subsection 63-34-3.3 (3);
(f) report at the end of each fiscal year to the governor on department activities, and
activities of the boards and divisions; and
(g) perform other duties as provided by the Legislature by statute.
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees
assessed for services provided by the department. [The]
(b) A fee described in Subsection (3)(a) shall:
(i) be reasonable and fair [and shall]; and

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(ii) reflect the cost of services provided.
(c) Each fee established [in this manner] under this Subsection (3) shall be submitted to
and approved by the Legislature as part of the department's annual appropriations request.
(d) The department may not charge or collect any fee [proposed in this manner]
established under this Subsection (3) without approval of the Legislature.
Section 2. Section 63-34-5 (Contingently Superseded) is amended to read:
63-34-5 (Contingently Superseded). Executive director of Department of Natural
Resources -- Appointment -- Removal -- Compensation -- Responsibilities -- Department fee
schedule.
(1) (a) The chief administrative officer of the Department of Natural Resources shall be
an executive director appointed by the governor with the consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the Department of Natural Resources and provide for
coordination and cooperation among the boards, divisions, and offices of the department;
(b) approve the budget of each board and division;
[(c) (i) coordinate state governmental functions regarding energy development and use;]
[(ii) facilitate the development and implementation of policies and programs relating to
energy production, processing, utilization, and technology in the state;]
[(iii) coordinate and consolidate energy resource data collection throughout state
government;]
[(iv) perform forecasts of state-level energy production, consumption, and prices;]
[(v) monitor federal laws and regulations relating to energy development, processing, or
use, and recommend policy positions for the state;]
[(vi)] (c) participate in regulatory proceedings as appropriate to the functions and duties
of the department;

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[(vii) represent the state on regional and national energy matters on his own initiative or
as requested by the governor; and]
[(viii) provide the Legislature and the governor with:]
[(A) a biennial report addressing the current status of energy markets in the state; and]
[(B) an independent assessment of energy issues;]
(d) report at the end of each fiscal year to the governor on department activities, and
activities of the boards and divisions; and
(e) perform other duties as provided by the Legislature by statute.
(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees
assessed for services provided by the department. [The]
(b) A fee described in Subsection (3)(a) shall:
(i) be reasonable and fair [and shall]; and
(ii) reflect the cost of services provided.
(c) Each fee established [in this manner] under this Subsection (3) shall be submitted to
and approved by the Legislature as part of the department's annual appropriations request.
(d) The department may not charge or collect any fee [proposed in this manner]
established under this Subsection (3) without approval of the Legislature.
Section 3. Section 63-34-101 is amended to read:
63-34-101. Utah Energy Office created -- Utah Energy Office duties.
(1) There is created within the [Department of Natural Resources] department the Utah
Energy Office.
(2) The Utah Energy Office shall:
(a) in accordance with applicable federal program guidelines, administer federally funded
state programs regarding:
(i) renewable energy[,];
(ii) energy efficiency[,]; and
(iii) energy conservation [in accordance with applicable federal program guidelines];
(b) coordinate and facilitate the development and implementation of programs:

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(i) for state buildings; and
(ii) relating to:
(A) procurement[,] of energy;
(B) consumption[,] of energy;
(C) conservation[,] of energy; and
(D) efficient use of energy [in state buildings];
(c) if requested by the governor, prepare a state energy emergency plan in accordance
with Title 63, Chapter 53a, Energy Emergency Powers of Governor; [and]
(d) participate in regulatory proceedings as appropriate to promote the development,
conservation, and efficient use of energy[.];
(e) coordinate state governmental functions regarding energy development and use;
(f) facilitate the development and implementation of policies and programs in the state
related to:
(i) energy production;
(ii) processing of energy;
(iii) use of energy; and
(iv) energy related technology;
(g) monitor federal laws and regulations related to:
(i) energy development;
(ii) processing of energy; or
(iii) use of energy;
(h) recommend state policy positions regarding energy to:
(i) the governor; or
(ii) the Legislature;
(i) represent the state on regional and national energy matters:
(i) at the initiative of the office; or
(ii) as requested by the governor;
(j) coordinate and consolidate energy resource data collection throughout state

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government;
(k) provide the Legislature and the governor with:
(i) an annual report addressing the current status of energy markets in the state; and
(ii) an independent assessment of energy issues; and
(l) perform forecasts of state-level:
(i) energy production;
(ii) energy consumption; and
(iii) energy prices.
Section 4. Effective date.
The amendments to this act take effect on May 5, 2003, except that the amendments in
this act to Section 63-34-5 (Contingently Effective) take effect on the effective date of Chapter
142, Laws of Utah 2002.

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