11-13-318.  Notice of decommissioning or disposal of project entity assets.

(1)  As used in this section:

Terms Used In Utah Code 11-13-318

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Project: includes a project entity's ownership interest in:
(i) facilities that provide additional project capacity;
(ii) facilities providing replacement project capacity;
(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
(iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
  • Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
  • (a)  “Disposal” means the sale, transfer, or other disposition of a project entity‘s assets.

    (b) 

    (i)  “Project entity asset” means a project entity’s:

    (A)  land;

    (B)  buildings; or

    (C)  essential equipment, including turbines, generators, transformers, and transmission lines.

    (ii)  “Project entity asset” does not include an asset that is not essential for the generation of electricity in the project entity’s coal-powered electrical generation facility.

    (2)  A project entity shall provide a notice of decommissioning or disposal to the Legislative Management Committee at least 180 days before:

    (a)  the disposal of any project entity assets; or

    (b)  the decommissioning of the project entity’s coal-powered electrical generation facility.

    (3)  The notice of decommissioning or disposal described in Subsection (2) shall include:

    (a)  the date of the intended decommissioning or disposal;

    (b)  a description of the project entity’s coal-powered electrical generation facility intended for decommissioning or any project entity asset intended for disposal; and

    (c)  the reasons for the decommissioning or disposal.

    (4)  A project entity may not intentionally prevent the functionality of the project entity’s existing coal-powered electrical generation facility.

    (5)  Notwithstanding the requirements in Subsections (2) through (4), a project entity may take any action necessary to transition to a new electrical generation facility powered by natural gas, hydrogen, or a combination of natural gas and hydrogen, including any action that has been approved by a permitting authority.

    Enacted by Chapter 195, 2023 General Session