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S.B. 214 Enrolled
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to public utilities to recodify provisions related to
10 the Office of Consumer Services.
11 Highlighted Provisions:
12 This bill:
13 . enacts the Office of Consumer Services Act;
14 . creates the Office of Consumer Services within the Department of Commerce;
15 . establishes a director of the office, including:
16 . addressing appointment;
17 . addressing terms; and
18 . addressing removal;
19 . addresses provisions relating to the Committee of Consumer Services within the
20 office, including:
21 . addressing membership;
22 . addressing appointment; and
23 . addressing committee procedures and requirements;
24 . establishes the powers and duties of the office, committee, and director;
25 . addresses attorney general representation of the office; and
26 . makes technical and conforming amendments.
27 Monies Appropriated in this Bill:
29 Other Special Clauses:
31 Utah Code Sections Affected:
33 54-7-12.8, as enacted by Laws of Utah 2002, Chapter 319
35 54-10a-101, Utah Code Annotated 1953
36 54-10a-302, Utah Code Annotated 1953
37 RENUMBERS AND AMENDS:
38 54-10a-102, (Renumbered from 54-10-1, as enacted by Laws of Utah 1977, Chapter
40 54-10a-201, (Renumbered from 54-10-5, as last amended by Laws of Utah 1995,
41 Chapters 20 and 215)
42 54-10a-202, (Renumbered from 54-10-2, as last amended by Laws of Utah 2002,
43 Chapter 176)
44 54-10a-203, (Renumbered from 54-10-7, as last amended by Laws of Utah 1995,
45 Chapter 20)
46 54-10a-301, (Renumbered from 54-10-4, as enacted by Laws of Utah 1977, Chapter
48 54-10a-303, (Renumbered from 54-10-4.5, as enacted by Laws of Utah 1981, Chapter
51 54-10-3, as last amended by Laws of Utah 1996, Chapter 243
52 54-10-6, as enacted by Laws of Utah 1977, Chapter 54
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 54-7-12.8 is amended to read:
56 54-7-12.8. Electric energy efficiency and conservation tariff.
57 (1) As used in this section, "demand side management" means activities or programs
58 that promote electric energy efficiency or conservation or more efficient management of
59 electric energy loads.
60 (2) As provided in this section, the commission may approve a tariff under which an
61 electrical corporation includes a line item charge on its customers' bills to recover costs
62 incurred by the electrical corporation for demand side management.
63 (3) Each electrical corporation proposing a tariff under this section shall, before
64 submitting the tariff to the commission for approval, seek and receive input from:
65 (a) the Division of Public Utilities;
66 (b) the [
68 (c) other interested parties.
69 (4) Before approving a tariff under this section, the commission shall hold a hearing if:
70 (a) requested in writing by the electrical corporation, a customer of the electrical
71 corporation, or any other interested party within 15 days after the tariff filing; or
72 (b) the commission determines that a hearing is appropriate.
73 (5) The commission may approve a tariff under this section either with or without a
74 provision allowing an end-use customer to receive a credit against the charges imposed under
75 the tariff for electric energy efficiency measures that:
76 (a) the customer implements or has implemented at the customer's expense; and
77 (b) qualify for the credit under criteria established by the Utah Public Service
79 (6) In approving a tariff under this section, the commission may impose whatever
80 conditions or limits it considers appropriate, including a maximum annual cost.
81 (7) Unless otherwise ordered by the commission, each tariff under this section
82 approved by the commission shall take effect no sooner than 30 days after the electrical
83 corporation files the tariff with the commission.
84 Section 2. Section 54-10a-101 is enacted to read:
87 54-10a-101. Title.
88 This chapter is known as the "Office of Consumer Services Act."
89 Section 3. Section 54-10a-102 , which is renumbered from Section 54-10-1 is
90 renumbered and amended to read:
92 For the purpose of this [
93 (1) "Applicable public utility" means a public utility in this state for:
94 (a) natural gas;
95 (b) electricity; or
96 (c) telephone.
97 (2) "Committee" means the Committee of Consumer Services created in Section
98 54-10a-202 .
99 (3) "Director" means the director of the office appointed under Section 54-10a-201 .
100 (4) "Office" means the Office of Consumer Services created in Section 54-10a-201 .
103 within the state [
106 (a) less than 25 employees; or
107 (b) a gross income less than $1,000,000 annually.
108 Section 4. Section 54-10a-201 , which is renumbered from Section 54-10-5 is
109 renumbered and amended to read:
112 (1) There is created within the Department of Commerce the "Office of Consumer
115 Consumer Services and the consent of the Senate, a qualified person in the field of public
116 utilities [
119 (b) The director shall serve for a term of six years.
120 (c) For purposes of the individual who is the director on May 12, 2009, that
121 individual's six-year term is considered to begin on July 1, 2009.
122 (d) The governor may remove the director for cause.
123 (3) In accordance with this chapter, the director shall on behalf of the office:
124 (a) represent residential consumers and small commercial consumers of [
126 (b) represent the interests of:
127 (i) residential consumers; and
128 (ii) small commercial consumers[
130 Section 5. Section 54-10a-202 , which is renumbered from Section 54-10-2 is
131 renumbered and amended to read:
133 (1) (a) There is created within the [
135 (b) [
136 principal [
137 (2) (a) The [
139 (b) Except as required by Subsection (2)(c), as terms of current committee members
140 expire, the governor shall appoint [
142 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
143 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
144 committee members are staggered so that approximately half of the committee is appointed
145 every two years.
146 (d) When a vacancy occurs in the membership for any reason, the governor shall
147 appoint a replacement [
148 (3) Members of the committee shall represent the following geographic and consumer
150 (a) one member shall be from Salt Lake City, Provo, or Ogden;
151 (b) one member shall be from a city other than Salt Lake City, Provo, or Ogden;
152 (c) one member shall be from an unincorporated area of the state;
153 (d) one member shall be a low-income resident;
154 (e) one member shall be a retired person;
155 (f) one member shall be a small commercial consumer;
156 (g) one member shall be a farmer or rancher who uses electric power to pump water in
158 (h) one member shall be a residential consumer[
159 (i) one member shall be appointed to provide geographic diversity on the committee to
160 ensure to the extent possible that all areas of the state are represented.
161 (4) (a) No more than [
162 political party.
163 (b) Subject to Subsection (3), for a member of the committee appointed on or after
164 May 12, 2009, the governor shall appoint, to the extent possible, an individual with expertise
165 or experience in:
166 (i) public utility matters related to consumers;
167 (ii) economics;
168 (iii) accounting;
169 (iv) financing;
170 (v) engineering; or
171 (vi) public utilities law.
173 (6) (a) A member of the committee may not receive compensation or benefits for the
174 member's services, but may receive per diem and expenses incurred in the performance of the
175 member's official duties at the rates established by the Division of Finance under Sections
176 63A-3-106 and 63A-3-107 .
177 (b) A member may decline to receive per diem and expenses for the member's service.
178 (7) (a) The committee may hold monthly meetings.
179 (b) The committee may hold other meetings, at the times and places the chair and a
180 majority of the committee determine.
181 (8) (a) Five members of the committee constitute a quorum of the committee.
182 (b) A majority of members voting when a quorum is present constitutes an action of
183 the committee.
184 Section 6. Section 54-10a-203 , which is renumbered from Section 54-10-7 is
185 renumbered and amended to read:
187 (1) The attorney general shall assign [
191 (2) An attorney assigned to the office under Subsection (1) shall represent the office at
192 a hearing or other proceeding affecting the services, rates, or charges of [
195 (3) An attorney assigned to the office may prosecute an action that the office considers
196 necessary to enforce the rights of residential consumers and small commercial consumers of
198 Section 7. Section 54-10a-301 , which is renumbered from Section 54-10-4 is
199 renumbered and amended to read:
204 (1) The [
205 (a) assess the impact of utility rate changes and other regulatory actions related to an
206 applicable public utility on:
207 (i) residential consumers; and [
208 (ii) small commercial [
210 (b) assist a residential [
211 commercial [
214 (c) through its director, advocate, on [
216 (i) residential consumers [
217 (ii) small commercial [
218 (2) (a) The director may bring an original [
219 office before [
220 (i) the commission; or
221 (ii) a court having appellate jurisdiction over [
224 (b) The director on behalf of the office may:
225 (i) commence an original proceeding, file a complaint, appear as a party, appeal, or
226 otherwise represent residential consumers or small commercial consumers in a matter or a
227 proceeding involving regulation of an applicable public utility pending before one or more of
228 the following of the federal government:
229 (A) an officer, department, board, agency, commission, or governmental authority; or
230 (B) a court; or
231 (ii) intervene in, protest, resist, or advocate the granting, denial, or modification of a
232 petition, application, complaint, or other proceeding, decision, or order of a governmental
233 authority of the federal government.
234 Section 8. Section 54-10a-302 is enacted to read:
235 54-10a-302. Powers of committee.
236 By a majority vote of a quorum of the committee, the committee may:
237 (1) advise the director as to a duty or power of the office under Section 54-10a-301 ;
239 (2) give direction to the director on a policy objective related to a duty or power of the
240 office under Section 54-10a-301 that serves the needs of residential consumers and small
241 commercial consumers.
242 Section 9. Section 54-10a-303 , which is renumbered from Section 54-10-4.5 is
243 renumbered and amended to read:
246 The [
247 represent, assist, or be an advocate on behalf of [
248 municipality, as defined in Section 10-1-104 , that generates, transmits, or distributes electrical
250 Section 10. Repealer.
251 This bill repeals:
252 Section 54-10-3, Per diem and expenses of members -- Meetings.
253 Section 54-10-6, Review of public utility accounting procedures and expenditures.
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