If a local government issues a permit, authorization, approval, exception, or waiver based upon its agreement to pay for the actual excess cost of a facility, the local government shall within 30 days either accept the estimate of excess cost as the actual excess cost of a facility or request the public utility to obtain competitive bids for the facility if constructed in accordance with the requirements and conditions of the local government.
Terms Used In Utah Code 54-14-203
Actual excess cost: means the difference in cost between:
(a)
the standard cost of a facility; and
(b)
the actual cost of the facility, including any necessary right-of-way, as determined in accordance with Section 54-14-203. See Utah Code 54-14-103
a private entity other than the public utility pursuant to a regulation or decision of the local government. See Utah Code 54-14-103
Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
Standard cost: means the estimated cost of a facility, including any necessary right-of-way, if constructed in accordance with:
(i)
the public utility's normal practices; and
(ii)
zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements:
(A)
imposed on similar land uses in the same zone; and
(B)
that do not impair the ability of the public utility to provide service to its customers in a safe, reliable, adequate, and efficient manner. See Utah Code 54-14-103
(2)
If the local government requests the public utility to obtain competitive bids, the public utility shall obtain competitive bids, and the actual excess cost of the facility shall be the difference between the lowest bid acceptable to the public utility plus the public utility’s contract administration and oversight expense and the standard cost of the facility.
(3)
Any dispute regarding specifications, lowest acceptable bid, or administration and oversight expense shall be resolved by the board on an expedited basis.
