Effective 7/1/2023

79-6-401.  Office of Energy Development — Creation — Director — Purpose — Rulemaking regarding confidential information — Fees — Transition for employees.

(1)  There is created an Office of Energy Development in the Department of Natural Resources.

Terms Used In Utah Code 79-6-401 v2

(2) 

(a)  The energy advisor shall serve as the director of the office or, on or before June 30, 2029, appoint a director of the office.

(b)  The director:

(i)  shall, if the energy advisor appoints a director under Subsection (2)(a), report to the energy advisor; and

(ii)  may appoint staff as funding within existing budgets allows.

(c)  The office may consolidate energy staff and functions existing in the state energy program.

(3)  The purposes of the office are to:

(a)  serve as the primary resource for advancing energy and mineral development in the state;

(b)  implement:

(i)  the state energy policy under Section 79-6-301; and

(ii)  the governor’s energy and mineral development goals and objectives;

(c)  advance energy education, outreach, and research, including the creation of elementary, higher education, and technical college energy education programs;

(d)  promote energy and mineral development workforce initiatives; and

(e)  support collaborative research initiatives targeted at Utah-specific energy and mineral development.

(4)  By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, the office may:

(a)  seek federal grants or loans;

(b)  seek to participate in federal programs; and

(c)  in accordance with applicable federal program guidelines, administer federally funded state energy programs.

(5)  The office shall perform the duties required by Sections 11-42a-106, 59-5-102, 59-7-614.7, 59-10-1029, 63C-26-202, 5, and 6.

(6) 

(a)  For purposes of administering this section, the office may make rules, by following Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to maintain as confidential, and not as a public record, information that the office receives from any source.

(b)  The office shall maintain information the office receives from any source at the level of confidentiality assigned by the source.

(7)  The office may charge application, filing, and processing fees in amounts determined by the office in accordance with Section 63J-1-504 as dedicated credits for performing office duties described in this part.

(8) 

(a)  An employee of the office is an at-will employee.

(b)  For an employee of the office on July 1, 2021, the employee shall have the same salary and benefit options the employee had when the office was part of the office of the governor.

(9) 

(a)  The office shall prepare a strategic energy plan to achieve the state’s energy policy, including:

(i)  technological and infrastructure innovation needed to meet future energy demand including:

(A)  energy production technologies;

(B)  battery and storage technologies;

(C)  smart grid technologies;

(D)  energy efficiency technologies; and

(E)  any other developing energy technology, energy infrastructure planning, or investments that will assist the state in meeting energy demand;

(ii)  the state’s efficient utilization and development of:

(A)  nonrenewable energy resources, including natural gas, coal, clean coal, hydrogen, oil, oil shale, and oil sands;

(B)  renewable energy resources, including geothermal, solar, hydrogen, wind, biomass, biofuel, and hydroelectric;

(C)  nuclear power; and

(D)  earth minerals;

(iii)  areas of energy-related academic research;

(iv)  specific areas of workforce development necessary for an evolving energy industry;

(v)  the development of partnerships with national laboratories; and

(vi)  a proposed state budget for economic development and investment.

(b)  In preparing the strategic energy plan, the office shall consult with stakeholders, including representatives from:

(i)  energy companies in the state;

(ii)  private and public institutions of higher education within the state conducting energy-related research; and

(iii)  other state agencies.

(c)  On or before the October 2023 interim meeting, the office shall report to the Public Utilities, Energy, and Technology Interim Committee and the Executive Appropriations Interim Committee describing:

(i)  progress towards creation of the strategic energy plan; and

(ii)  a proposed budget for the office to continue development of the strategic energy plan.

Amended by Chapter 196, 2023 General Session