Utah Code 54-14-303. Actions or disputes for which board review may be sought
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(1) A local government or public utility may seek review by the board, if:
Terms Used In Utah Code 54-14-303
- Actual excess cost: means the difference in cost between:(1)(a) the standard cost of a facility; and(1)(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
- Board: means the Utility Facility Review Board. See Utah Code 54-14-103
- Estimated excess cost: means any material difference in estimated cost between the costs of a facility, including any necessary right-of-way, if constructed in accordance with the requirements of a local government and the standard cost of the facility. See Utah Code 54-14-103
- Facility: includes a high voltage power line route as defined in Section 54-18-102. See Utah Code 54-14-103
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Pay: includes , in reference to a local government paying the actual excess cost of a facility, payment by:
(8)(a) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts;(8)(b) a special service district under Title 17D, Chapter 1, Special Service District Act; or(8)(c) 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:
(9)(a)(i) the public utility's normal practices; and(9)(a)(ii) zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements:(9)(a)(ii)(A) imposed on similar land uses in the same zone; and(9)(a)(ii)(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(1)(a) a local government has imposed requirements on the construction of a facility that result in estimated excess costs without entering into an agreement with the public utility to pay for the actual excess cost, except any actual excess costs specified in Subsection54-14-201(2)(a) or(2)(b) , at least 30 days before the date construction of the facility should commence in order to avoid significant risk of impairment of safe, reliable, efficient, and adequate service to customers of the public utility;(1)(b) there is a dispute regarding:(1)(b)(i) the estimated excess cost or standard cost of a facility;(1)(b)(ii) when construction of a facility should commence in order to avoid significant risk of impairment of safe, reliable, and adequate service to customers of the public utility;(1)(b)(iii) whether the public utility has sought a permit, authorization, approval, exception, or waiver with respect to a facility sufficiently in advance of the date construction should commence, based upon reasonably foreseeable conditions, to allow the local government reasonable time to pay for any estimated excess cost;(1)(b)(iv) the geographic boundaries of a proposed corridor as set forth in a notice submitted by a public utility to a local government pursuant to the provisions of Subsection54-18-301(2)(a) , provided the action is filed by the local government before the public utility files an application for a land use permit as set forth in Subsection54-18-304(1)(a) ; or(1)(b)(v) a modification proposed by a local government to a utility’s proposed corridor that is identified in the public utility’s notice of intent required pursuant to Subsection54-18-301(3) ;(1)(c) a local government has required construction of a facility in a manner that will not permit the utility to provide service to its customers in a safe, reliable, adequate, or efficient manner;(1)(d) a local government has prohibited construction of a facility which is needed to provide safe, reliable, adequate, and efficient service to the customers of the public utility;(1)(e) a local government has not made a final decision on the public utility’s application for a permit, authorization, approval, exception, or waiver with respect to a facility within 60 days of the date the public utility applied to the local government for the permit, authorization, approval, exception, or waiver;(1)(f) a facility is located or proposed to be located in more than one local government jurisdiction and the decisions of the local governments regarding the facility are inconsistent; or(1)(g) a facility is proposed to be located within a local government jurisdiction to serve customers exclusively outside the jurisdiction of the local government and there is a dispute regarding the apportionment of the actual excess cost of the facility between the local government and the public utility.(2)(2)(a) If an action is filed by a local government pursuant to Subsection(1)(b)(iv) or(v) seeking a modification to a target study area or a proposed corridor, the local government shall provide written notice of the action to any potentially affected landowner, as defined in Section54-18-102 , or affected entity, as defined in Section54-18-102 .(2)(b) A potentially affected landowner, as defined in Section54-18-102 , or affected entity, as defined in Section54-18-102 , shall have a right to intervene as a party in the proceeding.