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• S.B. 214

S.B. 214 Community Renewable Energy Amendments

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• Status
• Hearings/Debate

Bill Sponsor: Sen. Hinkins, David P.

Floor Sponsor: Rep. Lee, Trevor

• Substitute Sponsor: Rep. Lee, Trevor

• Drafting Attorney: Scott Elder
• Fiscal Analyst: Nate Osborne

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• Bill Text
  • Introduced
  • Enrolled

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• Other Versions
  • S.B. 214
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • Senate Transmittal Letter 1

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• Related Documents
  • Fiscal Note
  • SB0214 comparison

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• Information
  • Last Action: 13 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Energy
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Enrolled

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S.B. 214

4 54-17-902 54-17-903

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COMMUNITY RENEWABLE ENERGY AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: David P. Hinkins House Sponsor: Trevor Lee

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LONG TITLE

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General Description:

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This bill removes a provision related to the community renewable energy program.

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Highlighted Provisions:

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This bill:

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▸removes the provision that requires a municipality or county to adopt a resolution to

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achieve 100% renewable energy by 2030; and

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▸makes technical changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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54-17-902, as enacted by Laws of Utah 2019, Chapter 471

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54-17-903, as enacted by Laws of Utah 2019, Chapter 471

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 54-17-902 is amended to read:

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54-17-902. Definitions. As used in this part:

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(1) (a)"Auxiliary services" means those services necessary to safely and reliably:

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(i)interconnect and transmit electric power from any renewable energy resource

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constructed or acquired for a community renewable energy program; and

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(ii)integrate and supplement electric power from any renewable energy resource.

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(b)"Auxiliary services" shall include applicable Federal Energy Regulatory Commission

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requirements governing transmission and interconnection services.

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(2)"Commission" means the Public Service Commission created in Section 54-1-1.

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(3)"Community renewable energy program" means the program approved by the

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commission under Section 54-17-904 that allows a qualified utility to provide electric

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service from one or more renewable energy resources to a participating customer within

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a participating community.

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(4)"County" means the unincorporated area of a county.

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(5)"Division" means the Division of Public Utilities created in Section 54-4a-1.

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(6) (a)"Initial opt-out period" means the period of time immediately after the

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community renewable energy program's commencement, as established by the

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commission by rule made pursuant to Section 54-17-909, during which a

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participating customer may elect to leave the program without penalty.

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(b)"Initial opt-out period" may not be shorter than three typical billing cycles of the

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qualified utility.

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(7)"Municipality" means a city or a town as defined in Section 10-1-104.

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(8)"Office" means the Office of Consumer Services created in Section 54-10a-101.

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(9)"Ongoing costs" means the costs allocated to the state for transmission and distribution

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facilities, retail services, and generation assets that are not replaced assets.

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(10)"Participating community" means a municipality or a county:

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(a)whose residents are served by a qualified utility; and

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(b)the municipality or county meets the requirements in Section 54-17-903.

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(11)"Participating customer" means:

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(a)a customer of a qualified utility located within the boundary of a municipality or

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county where a community renewable energy program has been approved by the

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commission; and

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(b)the customer has not exercised the right to not participate in the community

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renewable energy program as provided in Section 54-17-905.

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(12)"Qualified utility" means the same as that term is defined in Section 54-17-801.

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(13)"Renewable electric energy supply" means incremental renewable energy resources

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that are developed to meet the equivalent of the annual electric energy consumption of

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participating customers within a participating community.

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(14)"Renewable energy resource" means:

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(a)electric energy generated by a source that is naturally replenished and includes one or

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more of the following:

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(i)wind;

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(ii)solar photovoltaic or thermal solar technology;

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(iii)a geothermal resource; or

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(iv)a hydroelectric plant; or

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(b)use of an energy efficient and sustainable technology the commission has approved

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for implementation that:

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(i)increases efficient energy usage;

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(ii)is capable of being used for demand response; or

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(iii)facilitates the use and development of renewable generation resources through

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electrical grid management or energy storage.

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(15)"Replaced asset" means an existing thermal energy resource:

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(a)that was built or acquired, in whole or in part, by a qualified utility to serve the

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qualified utility's customers, including customers within a participating community;

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(b)that was built or acquired prior to commission approval and the effective date of the

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community renewable energy program; and

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(c)to the extent the asset is no longer used to serve participating customers.

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Section 2, Section 54-17-903 is amended to read:

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54-17-903. Program requirement for a municipality or county.

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(1)Customers of a qualified utility may be served by the community renewable energy

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program described in this part if the municipality or county satisfies the requirements of

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Subsection (2).

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(2)The municipality or county in which the customer resides shall:

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(a) adopt a resolution no later than December 31, 2019, that states a goal of achieving

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an amount equivalent to 100% of the annual electric energy supply for participating

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customers from a renewable energy resource by 2030;

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(b) (a) enter into an agreement with a qualified utility:

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(i)with the stipulation of payment by the municipality or county to the qualified

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utility for the costs of:

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(A)third-party expertise contracted for by the division and the office, for

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assistance with activities associated with initial approval of the community

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renewable energy program; and

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(B)providing notice to the municipality's or county's customers as provided in

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Section 54-17-905;

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(ii)determining the obligation for the payment of any termination charges under

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Subsection 54-17-905(3) that are not paid by a participating customer and not

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included in participating customer rates under Subsections 54-17-904(2) and (4);

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and

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(iii)identifying any initially proposed replaced asset;

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(c) (b) adopt a local ordinance that:

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(i)establishes participation in the renewable energy program; and

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(ii)is consistent with the terms of the agreement entered into with the qualified utility

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under Subsection (2)(b) (2)(a); and

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(d) (c) comply with any other terms or conditions required by the commission.

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(3)The local ordinance required in Subsection (2)(c) (2)(b) shall be adopted by the

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municipality or county within 90 days after the date of the commission order approving

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the community renewable energy program.

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Section 3. Effective date. This bill takes effect on May 1, 2024.