H.B. 202

1

UTAH ENERGY OFFICE AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Stephen H. Urquhart
5 This act modifies the Utah Natural Resources Act to address the energy-related duties of
6 the executive director of the Department of Natural Resources and the Utah Energy
7 Office and to make technical changes. This act has a special effective date. This act has a
8 coordination clause.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 63-34-5 (Contingently Superseded), as last amended by Chapters 176 and 231, Laws
12 of Utah 2002
13 63-34-5 (Contingently Effective), as last amended by Chapters 142, 176 and 231,
14 Laws of Utah 2002
15 63-34-101, as enacted by Chapter 231, Laws of Utah 2002
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 63-34-5 (Contingently Effective) is amended to read:
18 63-34-5 (Contingently Effective). Executive director of Department of Natural
19 Resources -- Appointment -- Removal -- Compensation -- Responsibilities -- Department
20 fee schedule.
21 (1) (a) The chief administrative officer of the Department of Natural Resources shall be
22 an executive director appointed by the governor with the consent of the Senate.
23 (b) The executive director may be removed at the will of the governor.
24 (c) The executive director shall receive a salary established by the governor within the
25 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
26 (2) The executive director shall:
27 (a) administer and supervise the Department of Natural Resources and provide for

28 coordination and cooperation among the boards, divisions, and offices of the department;
29 (b) approve the budget of each board and division;
30 [(c) (i) coordinate state governmental functions regarding energy development and
31 use;]
32 [(ii) facilitate the development and implementation of policies and programs relating to
33 energy production, processing, utilization, and technology in the state;]
34 [(iii) coordinate and consolidate energy resource data collection throughout state
35 government;]
36 [(iv) perform forecasts of state-level energy production, consumption, and prices;]
37 [(v) monitor federal laws and regulations relating to energy development, processing,
38 or use, and recommend policy positions for the state;]
39 [(vi)] (c) participate in regulatory proceedings as appropriate to the functions and
40 duties of the department;
41 [(vii) represent the state on regional and national energy matters on his own initiative
42 or as requested by the governor; and]
43 [(viii) provide the Legislature and the governor with:]
44 [(A) a biennial report addressing the current status of energy markets in the state; and]
45 [(B) an independent assessment of energy issues;]
46 (d) ensure that funds appropriated to the Department of Natural Resources from the
47 Wetlands Protection Account created by Section 63-34-3.2 are expended in accordance with
48 Subsection 63-34-3.2 (3);
49 (e) ensure that funds appropriated to the Department of Natural Resources from the
50 Recreational Trails and Streams Enhancement and Protection Account created by Section
51 63-34-3.3 are expended in accordance with Subsection 63-34-3.3 (3);
52 (f) report at the end of each fiscal year to the governor on department activities, and
53 activities of the boards and divisions; and
54 (g) perform other duties as provided by the Legislature by statute.
55 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
56 fees assessed for services provided by the department. [The]
57 (b) A fee described in Subsection (3)(a) shall:
58 (i) be reasonable and fair [and shall]; and

59 (ii) reflect the cost of services provided.
60 (c) Each fee established [in this manner] under this Subsection (3) shall be submitted to
61 and approved by the Legislature as part of the department's annual appropriations request.
62 (d) The department may not charge or collect any fee [proposed in this manner]
63 established under this Subsection (3) without approval of the Legislature.
64 Section 2. Section 63-34-5 (Contingently Superseded) is amended to read:
65 63-34-5 (Contingently Superseded). Executive director of Department of Natural
66 Resources -- Appointment -- Removal -- Compensation -- Responsibilities -- Department
67 fee schedule.
68 (1) (a) The chief administrative officer of the Department of Natural Resources shall be
69 an executive director appointed by the governor with the consent of the Senate.
70 (b) The executive director may be removed at the will of the governor.
71 (c) The executive director shall receive a salary established by the governor within the
72 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
73 (2) The executive director shall:
74 (a) administer and supervise the Department of Natural Resources and provide for
75 coordination and cooperation among the boards, divisions, and offices of the department;
76 (b) approve the budget of each board and division;
77 [(c) (i) coordinate state governmental functions regarding energy development and
78 use;]
79 [(ii) facilitate the development and implementation of policies and programs relating to
80 energy production, processing, utilization, and technology in the state;]
81 [(iii) coordinate and consolidate energy resource data collection throughout state
82 government;]
83 [(iv) perform forecasts of state-level energy production, consumption, and prices;]
84 [(v) monitor federal laws and regulations relating to energy development, processing,
85 or use, and recommend policy positions for the state;]
86 [(vi)] (c) participate in regulatory proceedings as appropriate to the functions and
87 duties of the department;
88 [(vii) represent the state on regional and national energy matters on his own initiative
89 or as requested by the governor; and]

90 [(viii) provide the Legislature and the governor with:]
91 [(A) a biennial report addressing the current status of energy markets in the state; and]
92 [(B) an independent assessment of energy issues;]
93 (d) report at the end of each fiscal year to the governor on department activities, and
94 activities of the boards and divisions; and
95 (e) perform other duties as provided by the Legislature by statute.
96 (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of
97 fees assessed for services provided by the department. [The]
98 (b) A fee described in Subsection (3)(a) shall:
99 (i) be reasonable and fair [and shall]; and
100 (ii) reflect the cost of services provided.
101 (c) Each fee established [in this manner] under this Subsection (3) shall be submitted to
102 and approved by the Legislature as part of the department's annual appropriations request.
103 (d) The department may not charge or collect any fee [proposed in this manner]
104 established under this Subsection (3) without approval of the Legislature.
105 Section 3. Section 63-34-101 is amended to read:
106 63-34-101. Utah Energy Office created -- Utah Energy Office duties.
107 (1) There is created within the [Department of Natural Resources] department the Utah
108 Energy Office.
109 (2) The Utah Energy Office shall:
110 (a) in accordance with applicable federal program guidelines, administer federally
111 funded state programs regarding:
112 (i) renewable energy[,];
113 (ii) energy efficiency[,]; and
114 (iii) energy conservation [in accordance with applicable federal program guidelines];
115 (b) coordinate and facilitate the development and implementation of programs:
116 (i) for state buildings; and
117 (ii) relating to:
118 (A) procurement[,] of energy;
119 (B) consumption[,] of energy;
120 (C) conservation[,] of energy; and

121 (D) efficient use of energy [in state buildings];
122 (c) if requested by the governor, prepare a state energy emergency plan in accordance
123 with Title 63, Chapter 53a, Energy Emergency Powers of Governor; [and]
124 (d) participate in regulatory proceedings as appropriate to promote the development,
125 conservation, and efficient use of energy[.];
126 (e) coordinate state governmental functions regarding energy development and use;
127 (f) facilitate the development and implementation of policies and programs in the state
128 related to:
129 (i) energy production;
130 (ii) processing of energy;
131 (iii) use of energy; and
132 (iv) energy related technology;
133 (g) monitor federal laws and regulations related to:
134 (i) energy development;
135 (ii) processing of energy; or
136 (iii) use of energy;
137 (h) recommend state policy positions regarding energy to:
138 (i) the governor; or
139 (ii) the Legislature;
140 (i) represent the state on regional and national energy matters:
141 (i) at the initiative of the office; or
142 (ii) as requested by the governor;
143 (j) coordinate and consolidate energy resource data collection throughout state
144 government;
145 (k) provide the Legislature and the governor with:
146 (i) an annual report addressing the current status of energy markets in the state; and
147 (ii) an independent assessment of energy issues; and
148 (l) perform forecasts of state-level:
149 (i) energy production;
150 (ii) energy consumption; and
151 (iii) energy prices.

152 Section 4. Effective date.
153 The amendments to this act take effect on May 5, 2003, except that the amendments in
154 this act to Section 63-34-5 (Contingently Effective) take effect on the effective date of Chapter
155 142, Laws of Utah 2002.
156 Section 5. Coordination clause.
157 If this bill and H.B. 11, Energy Data Collection and Reporting, both pass, it is the intent
158 of the Legislature that the Office of Legislative Research and General Counsel shall make the
159 following changes in preparing the Utah Code database for publication:
160 (1) the amendments to Section 63-34-101 in both bills be made except that:
161 (a) Subsections 63-34-101 (2)(j) through (l) in this bill be deleted; and
162 (b) the word "and" be inserted after "governor;" in Subsection 63-34-101 (2)(i)(ii) of
163 this bill; and
164 (2) Subsection 63-34-101 (3)(e) of H.B. 11 be renumbered to be Subsection
165 63-34-101 (3)(j).




Legislative Review Note
as of 1-10-03 4:20 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel