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

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).

Terms Used In Utah Code 54-17-903

Commission: means the Public Service Commission created in Section 54-1-1. See Utah Code 54-17-902
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. See Utah Code 54-17-902
County: means the unincorporated area of a county. See Utah Code 54-17-902
Division: means the Division of Public Utilities created in Section 54-4a-1. See Utah Code 54-17-902
Municipality: means a city or a town as defined in Section 10-1-104. See Utah Code 54-17-902
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office: means the Office of Consumer Services created in Section 54-10a-101. See Utah Code 54-17-902
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. See Utah Code 54-17-902

Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-17-902

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. See Utah Code 54-17-902

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. See Utah Code 54-17-902

(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)

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)

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); and

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

(3)	The local ordinance required in Subsection (2)(c) shall be adopted by the municipality or county within 90 days after the date of the commission order approving the community renewable energy program.

Enacted by Chapter 471, 2019 General Session

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