(1)  As used in this section:

Terms Used In Utah Code 54-3-26

  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “Cooperative” means a:

(i)  distribution electrical cooperative, as defined in Section 54-2-1, that is incorporated in the state; or

(ii)  telephone cooperative, as defined in Section 54-2-1, that is incorporated in the state.

(b)  “Unclaimed capital credit” means a capital credit issued by a cooperative to the cooperative’s customer that is unclaimed on the last day of the year three years after the year in which the credit was issued.

(2)  A cooperative shall retain an unclaimed capital credit.

(3)  A cooperative shall use the proceeds of a retained unclaimed capital credit to:

(a)  pay all or a portion of a low-income individual’s utility bills;

(b)  provide scholarships to graduating high school seniors in the area where the cooperative provides service; or

(c)  provide financial assistance to, in the area where the cooperative provides service:

(i)  a school;

(ii)  a non-profit organization; or

(iii)  a community organization.

(4)  A cooperative shall establish criteria for recipients of the financial assistance described in this section that are based on:

(a)  a recipient’s financial or other needs; and

(b)  the recipient community’s interests.

(5)  A cooperative shall submit a report, before November 1 of each year, to the Public Service Commission that describes:

(a)  the amount of unclaimed capital credits retained by the cooperative;

(b)  the amount and recipients of financial assistance disbursed under this section; and

(c)  the criteria used by the cooperative to determine the recipients and amount of financial assistance disbursed under this section.

Amended by Chapter 315, 2016 General Session