MINUTES OF THE HOUSE

PUBLIC UTILITIES & TECHNOLOGY STANDING COMMITTEE

Room 450, Capital Building

February 8, 2016

Members Present:                Rep. Ken Ivory, Chair

                                                Rep. Steve G. Handy, Vice Chair

                                                Rep. Patrice M. Arent

                                                Rep. Scott H. Chew

                                                Rep. Kay J. Christofferson

Rep. Brad L. Dee

Rep. Rebecca P. Edwards

                                                Rep. Keith Grover

                                                Rep. Lynn N. Hemingway

Rep. Keven J. Stratton

                                                Rep. Earl D. Tanner 

Staff Present:                        Mr. Adam J. Sweet, Policy Analyst

                                                Ms. Sandra Hash, Committee Secretary

Note: A list of visitors and a copy of handouts are filed with the committee minutes.

Vice Chair Handy called the meeting to order at 4:00 p.m.

MOTION:     Rep. Hemingway moved to approve the minutes of the February 1, 2016 meeting. The motion passed unanimously with Rep. Edwards and Rep. Stratton absent for the vote.

S.B. 34S01     Sewer Lateral Disclosures (Sen. K. Mayne)

Sen. Mayne explained the bill to the committee with the assistance of LeGrand Bitter, Utah Association of Special Districts.

MOTION:     Rep. Arent moved to pass the bill out favorably. The motion passed unanimously with Rep. Edwards and Rep. Stratton absent for the vote.

MOTION:     Rep. Christofferson moved to place S.B. 34S01 on the Consent Calendar. The motion passed unanimously with Rep. Edwards and Rep. Stratton absent for the vote.

H.B. 145         Municipal Energy Tax Rate Amendments (Rep. S. Handy)

This bill was not considered at the request of the sponsor.

H.B. 244         Independent Energy Producer Amendments (Rep. F. Gibson)

Rep. Gibson explained the bill to the committee with the assistance of Steve Mecham, General Counsel, Vivint Solar, and Erica Dahl, Lobbyist, Vivint Solar.

MOTION:     Rep. Arent moved to amend the bill as follows:

1.    Page 12, Line 358 through Page 13, Line 375:    

358 (2) An independent energy producer is exempt from regulation by the commission as a

359public utility for an independent power production facility if the independent energy producer

360produces a commodity or delivers a service:

361 (a) solely for the use of a state-owned facility;

362 (b) not for sale to the public, without charge, solely for the use of:

363 (i) the independent energy producer;

364 (ii) an independent energy producer's tenant; or

365 (iii) an association of unit owners formed under Title 57, Chapter 8, Condominium

366Ownership Act;

367 (c) for sale solely to an electrical corporation or other wholesale purchaser;  or 

368 (d) (i) for use by:

369 (A) an entity the independent energy producer controls, is controlled by, or is an

370affiliate of; or

371 (B) a user located on real property that the independent energy producer manages or

372controls; and

373 (ii) for use on real property that is contiguous to, or is separated only by a public road

374or easement from, real property that the independent energy producer owns or controls {  ; or  }  . 

375  {  (e) to a customer in an area served by an entity that is not regulated by the commission.   }

The motion passed unanimously with Rep. Stratton absent for the vote.

Spoke for the bill:       Alan Nomand, citizen

Spoke to the bill:        Roger Chew, Utah League of Cities and Towns

Jeff Hartley, Rocky Mountain Power

Mike Peterson, Utah Rural Electric Cooperatives

MOTION:     Rep. Grover moved to pass the bill out favorably as amended. The motion passed unanimously.

MOTION:     Rep. Hemingway moved to adjourn. The motion passed unanimously.

Vice Chair Rep. Handy adjourned the meeting at 5:21 p.m.

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           Ken Ivory, Chair