Section 1, Section 54-17-902 is amended to read: 54-17-902. Definitions. As used in this part: (1) (a)"Auxiliary services" means those services necessary to safely and reliably: (i)interconnect and transmit electric power from any renewable energy resource constructed or acquired for a community renewable energy program; and (ii)integrate and supplement electric power from any renewable energy resource. (b)"Auxiliary services" shall include applicable Federal Energy Regulatory Commission requirements governing transmission and interconnection services. (2)"Commission" means the Public Service Commission created in Section 54-1-1. (3)"Community renewable energy program" means the program approved by the commission under Section 54-17-904 that allows a qualified utility to provide electric service from one or more renewable energy resources to a participating customer within a participating community. (4)"County" means the unincorporated area of a county. (5)"Division" means the Division of Public Utilities created in Section 54-4a-1. (6) (a)"Initial opt-out period" means the period of time immediately after the community renewable energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty. (b)"Initial opt-out period" may not be shorter than three typical billing cycles of the qualified utility. (7)"Municipality" means a city or a town as defined in Section 10-1-104. (8)"Office" means the Office of Consumer Services created in Section 54-10a-101. (9)"Ongoing costs" means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets. (10)"Participating community" means a municipality or a county: (a)whose residents are served by a qualified utility; and (b)the municipality or county meets the requirements in Section 54-17-903. (11)"Participating customer" means: (a)a customer of a qualified utility located within the boundary of a municipality or county where a community renewable energy program has been approved by the commission; and (b)the customer has not exercised the right to not participate in the community renewable energy program as provided in Section 54-17-905. (12)"Qualified utility" means the same as that term is defined in Section 54-17-801. (13)"Renewable electric energy supply" means incremental renewable energy resources that are developed to meet the equivalent of the annual electric energy consumption of participating customers within a participating community. (14)"Renewable energy resource" means: (a)electric energy generated by a source that is naturally replenished and includes one or more of the following: (i)wind; (ii)solar photovoltaic or thermal solar technology; (iii)a geothermal resource; or (iv)a hydroelectric plant; or (b)use of an energy efficient and sustainable technology the commission has approved for implementation that: (i)increases efficient energy usage; (ii)is capable of being used for demand response; or (iii)facilitates the use and development of renewable generation resources through electrical grid management or energy storage. (15)"Replaced asset" means an existing thermal energy resource: (a)that was built or acquired, in whole or in part, by a qualified utility to serve the qualified utility's customers, including customers within a participating community; (b)that was built or acquired prior to commission approval and the effective date of the community renewable energy program; and (c)to the extent the asset is no longer used to serve participating customers.

Section 2, Section 54-17-903 is amended to read: 54-17-903. Program requirement for a municipality or county. (1)Customers of a qualified utility may be served by the community renewable energy program described in this part if the municipality or county satisfies the requirements of Subsection (2). (2)The municipality or county in which the customer resides shall: (a) adopt a resolution no later than December 31, 2019, that states a goal of achieving an amount equivalent to 100% of the annual electric energy supply for participating customers from a renewable energy resource by 2030; (b) (a) enter into an agreement with a qualified utility: (i)with the stipulation of payment by the municipality or county to the qualified utility for the costs of: (A)third-party expertise contracted for by the division and the office, for assistance with activities associated with initial approval of the community renewable energy program; and (B)providing notice to the municipality's or county's customers as provided in Section 54-17-905; (ii)determining the obligation for the payment of any termination charges under Subsection 54-17-905(3) that are not paid by a participating customer and not included in participating customer rates under Subsections 54-17-904(2) and (4); and (iii)identifying any initially proposed replaced asset; (c) (b) adopt a local ordinance that: (i)establishes participation in the renewable energy program; and (ii)is consistent with the terms of the agreement entered into with the qualified utility under Subsection (2)(b) (2)(a); and (d) (c) comply with any other terms or conditions required by the commission. (3)The local ordinance required in Subsection (2)(c) (2)(b) shall be adopted by the municipality or county within 90 days after the date of the commission order approving the community renewable energy program.

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