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Third Substitute H.B. 46
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 17, 2006 at 10:48 AM by rday. -->
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6 Cosponsors:
7 Sheryl L. Allen
8 Ralph Becker
9 Jackie Biskupski
10 Craig W. Buttars
11 David N. Cox
12 Margaret DaytonCarl W. Duckworth
Ben C. Ferry
Lorie D. Fowlke
James R. Gowans
Neil A. Hansen
Fred R. Hunsaker
Bradley T. JohnsonJohn G. Mathis
Patrick Painter
David Ure
Mark A. Wheatley
Richard W. Wheeler
Larry B. Wiley 13
14 LONG TITLE
15 General Description:
16 This bill establishes the position of governor's energy advisor and an energy policy.
17 Highlighted Provisions:
18 This bill:
19 . defines terms;
20 . establishes the position of governor's energy advisor ;
21 . outlines the governor's energy advisor's powers and duties;
22 . requires the governor's energy advisor to submit certain reports;
23 . declares the state's energy policy; and
24 . requires legislative committees to review and propose updates to the energy policy
25 annually.
26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 63-53b-101, Utah Code Annotated 1953
33 63-53b-102, Utah Code Annotated 1953
34 63-53b-201, Utah Code Annotated 1953
35 63-53b-202, Utah Code Annotated 1953
36 63-53b-203, Utah Code Annotated 1953
37 63-53b-301, Utah Code Annotated 1953
38 63-53b-302, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 63-53b-101 is enacted to read:
42
43
44 63-53b-101. Title.
45 This chapter is known as the "Utah Energy Act."
46 Section 2. Section 63-53b-102 is enacted to read:
47 63-53b-102. Definitions.
48 As used in this chapter, "state agency" means an executive branch:
49 (1) department;
50 (2) agency;
51 (3) board;
52 (4) commission;
53 (5) division; or
54 (6) state educational institution.
55 Section 3. Section 63-53b-201 is enacted to read:
56
57 63-53b-201. Governor's energy advisor -- Duties.
58 (1) (a) The governor shall appoint an energy advisor.
59 (b) The governor's energy advisor serves at the pleasure of the governor.
60 (2) The governor's energy advisor shall:
61 (a) advise the governor on energy-related matters;
62 (b) annually review and propose updates to the state's energy policy, as contained in
63 Section 63-53b-301 ;
64 (c) promote as the governor's energy advisor considers necessary:
65 (i) the development of cost-effective energy resources both renewable and
66 nonrenewable; and
67 (ii) educational programs, including programs supporting conservation and energy
68 efficiency measures;
69 (d) coordinate across state agencies to assure consistency with state energy policy,
70 including:
71 (i) working with the State Energy Program to promote access to federal assistance for
72 energy-related projects for state agencies and members of the public;
73 (ii) working with the Division of Emergency Services and Homeland Security to assist
74 the governor in carrying out the governor's energy emergency powers under Title 63, Chapter
75 53a, Energy Emergency Powers of the Governor;
76 (iii) participating in the annual review of the energy emergency plan and the
77 maintenance of the energy emergency plan and a current list of contact persons required by
78 Section 53-2-110 ; and
79 (iv) identifying and proposing measures necessary to facilitate low-income consumers'
80 access to energy services;
81 (e) coordinate with the Division of Emergency Services and Homeland Security
82 ongoing activities designed to test an energy emergency plan to ensure coordination and
83 information sharing among state agencies and political subdivisions in the state, public utilities
84 and other energy suppliers, and other relevant public sector persons as required by Sections
85 53-2-110 , 63-53a-3 , 63-53a-7 , and 63-53a-8 ;
86 (f) coordinate with requisite state agencies to study:
87 (i) the creation of a centralized state repository for energy-related information;
88 (ii) methods for streamlining state review and approval processes for energy-related
89 projects; and
90 (iii) the development of multistate energy transmission and transportation
91 infrastructure;
92 (g) coordinate energy-related regulatory processes within the state;
93 (h) compile, and make available to the public, information about federal, state, and
94 local approval requirements for energy-related projects;
95 (i) act as the state's advocate before federal and local authorities for energy-related
96 infrastructure projects or coordinate with the appropriate state agency; and
97 (j) help promote the Division of Facilities Construction and Management's measures to
98 improve energy efficiency in state buildings.
99 Section 4. Section 63-53b-202 is enacted to read:
100 63-53b-202. Agency cooperation.
101 A state agency shall provide the state energy officer with any energy-related
102 information requested by the governor's energy advisor if the governor's energy advisor's
103 request is consistent with other law.
104 Section 5. Section 63-53b-203 is enacted to read:
105 63-53b-203. Reports.
106 (1) The governor's energy advisor shall report annually to:
107 (a) the governor;
108 (b) the Natural Resources, Agriculture, and Environment Interim Committee; and
109 (c) the Public Utilities and Technology Interim Committee.
110 (2) The report required in Subsection (1) shall:
111 (a) summarize the status and development of the state's energy resources;
112 (b) address the governor's energy advisor's activities under this part; and
113 (c) recommend any energy-related executive or legislative action the governor's energy
114 advisor considers beneficial to the state, including updates to the state energy policy under
115 Section 63-53b-301 .
116 Section 6. Section 63-53b-301 is enacted to read:
117
118 63-53b-301. State energy policy.
119 (1) It is the policy of the state that:
120 (a) Utah have adequate, reliable, affordable, sustainable, and clean energy resources;
121 (b) Utah will promote the development of:
122 (i) nonrenewable energy resources, including natural gas, coal, oil, oil shale, and tar
123 sands; and
124 (ii) renewable energy resources, including geothermal, solar, wind, biomass, S. biodiesel, .S
124a and
125 ethanol;
126 (c) S. Utah will promote the study of nuclear power generation;
126a (d) .S Utah will promote the development of resources and infrastructure sufficient to
127 meet the state's growing demand, while contributing to the regional and national energy supply,
128 thus reducing dependence on international energy sources;
129 S. [
130 incentives and other methods may be used to ensure the state's optimal development and use of
131 energy resources in the short- and long-term;
132 S. [
132a quality;
133 S. [
133a costs with
134 the level of review necessary to ensure protection of the state's various interests; and
135 (ii) where federal action is required, Utah will encourage expedited federal action and
136 will collaborate with federal agencies to expedite review; and
137 S. [
137a that are
138 as low as possible while providing producers and suppliers a fair return on investment,
139 recognizing that:
140 (i) economic prosperity is linked to the availability, reliability, and affordability of
141 consumer energy supplies; and
142 (ii) investment will occur only when adequate financial returns can be realized.
143 (2) State agencies are encouraged to conduct agency activities consistent with
144 Subsection (1).
145 (3) A person may not file suit to challenge a state agency's action that is inconsistent
146 with Subsection (1).
147 Section 7. Section 63-53b-302 is enacted to read:
148 63-53b-302. Legislative committee review.
149 The Natural Resources, Agriculture, and Environment Interim Committee and the
150 Public Utilities and Technology Interim Committee shall review the state energy policy
151 annually and propose any changes to the Legislature.
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