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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to utility proceedings.
10 Highlighted Provisions:
11 This bill:
12 ▸ directs the Public Service Commission to conduct proceedings to determine whether
13 battery storage requirements should be a part of an integrated resource plan;
14 ▸ establishes a reporting requirement for the results of the commission's investigation;
15 and
16 ▸ exempts the Division of Public Utilities and the Office of Consumer Services from
17 the procurement requirements for certain situations where compliance is difficult.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 54-4a-3, as last amended by Laws of Utah 2006, Chapter 139
25 54-10a-301, as renumbered and amended by Laws of Utah 2009, Chapter 237
26 ENACTS:
27 54-1-14, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 54-1-14 is enacted to read:
31 54-1-14. Commission exploration of storage requirements.
32 (1) As used in this section, "affected electrical utility" means the same as that term is
33 defined in Section 54-17-102.
34 (2) The commission shall immediately initiate and conduct proceedings to explore
35 whether the state should require the inclusion of battery storage in an integrated resource plan,
36 including:
37 (a) consideration of the role that affected electrical utilities should play in the
38 enhancement and expansion of battery storage options;
39 (b) consideration of the cost-effectiveness and the reliability of battery storage options;
40 (c) consideration of how battery storage options can help meet demand-side and
41 supply-side needs;
42 (d) the potential need for the enhancement and expansion of the infrastructure and
43 facilities for increased battery storage; and
44 (e) the most effective ways battery storage can play a part in an affected electrical
45 utility's demand and energy forecast.
46 (3) The commission shall present the results of the proceedings described in
47 Subsection (2) to the Public Utilities, Energy, and Technology Interim Committee on or before
48 January 1, 2022.
49 Section 2. Section 54-4a-3 is amended to read:
50 54-4a-3. Budget of division -- Employment of personnel.
51 (1) The annual budget of the Division of Public Utilities shall provide sufficient funds
52 for the division to hire, develop, and organize a technical and professional staff to perform the
53 duties, powers, and responsibilities committed to [
54 (2) The division director may:
55 (a) hire economists, accountants, engineers, inspectors, statisticians, lawyers, law
56 clerks, and other technical and professional experts as may be required;
57 (b) retain additional experts as required for a particular matter, but only to the extent
58 that it is necessary to supplement division staff in order to fulfill [
59 (c) employ necessary administrative and support staff.
60 (3) (a) The Department of Human Resource Management shall determine pay
61 schedules using standard techniques for determining compensation.
62 (b) The Department of Human Resource Management may make [
63 determinations based upon compensation common to utility companies throughout the United
64 States.
65 (4) When retaining an expert under Subsection (2)(b), the division director is not
66 required to comply with Title 63G, Chapter 6a, Utah Procurement Code, if compliance with
67 that title would make it difficult for the division director to meet a deadline set by the Public
68 Service Commission or the Legislature.
69 Section 3. Section 54-10a-301 is amended to read:
70 54-10a-301. Powers and duties of office.
71 (1) The office shall:
72 (a) assess the impact of utility rate changes and other regulatory actions related to an
73 applicable public utility on:
74 (i) residential consumers; and
75 (ii) small commercial consumers;
76 (b) assist a residential consumer or a small commercial consumer in appearing before
77 the commission; and
78 (c) through [
79 the office's own name, a position most advantageous to:
80 (i) residential consumers; and
81 (ii) small commercial consumers.
82 (2) (a) The director may bring an original action in the name of the office before:
83 (i) the commission; or
84 (ii) a court having appellate jurisdiction over an order or decision of the commission.
85 (b) The director on behalf of the office may:
86 (i) commence an original proceeding, file a complaint, appear as a party, appeal, or
87 otherwise represent residential consumers or small commercial consumers in a matter or a
88 proceeding involving regulation of an applicable public utility pending before one or more of
89 the following of the federal government:
90 (A) an officer, department, board, agency, commission, or governmental authority; or
91 (B) a court; or
92 (ii) intervene in, protest, resist, or advocate the granting, denial, or modification of a
93 petition, application, complaint, or other proceeding, decision, or order of a governmental
94 authority of the federal government.
95 (3) When retaining an expert to aid the director in exercising the duties described in
96 Subsection (2), the director is not required to comply with Title 63G, Chapter 6a, Utah
97 Procurement Code, if compliance with that title would make it difficult for the director to meet
98 a deadline set by the Public Service Commission or the Legislature.