§ 26B-3-101 Definitions
§ 26B-3-102 Division — Creation
§ 26B-3-103 State Medicaid director — Appointment — Responsibilities
§ 26B-3-104 Division responsibilities — Emphasis — Periodic assessment
§ 26B-3-105 Medicaid drug program — Preferred drug list
§ 26B-3-106 Simplified enrollment and renewal process for Medicaid and other state medical programs — Financial institutions
§ 26B-3-107 Dental benefits
§ 26B-3-108 Administration of Medicaid program by department — Reporting to the Legislature — Disciplinary measures and sanctions — Funds collected — Eligibility standards — Internal audits — Health opportunity accounts
§ 26B-3-109 Medicaid expansion
§ 26B-3-110 Copayments by recipients — Employer sponsored plans
§ 26B-3-111 Income and resources from institutionalized spouses
§ 26B-3-112 Maximizing use of premium assistance programs — Utah’s Premium Partnership for Health Insurance
§ 26B-3-113 Expanding the Medicaid program
§ 26B-3-114 Department standards for eligibility under Medicaid — Funds for abortions
§ 26B-3-115 Contracts for provision of medical services — Federal provisions modifying department rules — Compliance with Social Security Act
§ 26B-3-116 Liability insurance required
§ 26B-3-117 Federal aid — Authority of executive director
§ 26B-3-118 Medical vendor rates
§ 26B-3-119 Enforcement of public assistance statutes
§ 26B-3-120 Prohibited acts of state or local employees of Medicaid program — Violation a misdemeanor
§ 26B-3-121 Rural hospitals
§ 26B-3-122 Telemedicine — Reimbursement — Rulemaking
§ 26B-3-123 Reimbursement of telemedicine services and telepsychiatric consultations
§ 26B-3-124 Process to promote health insurance coverage for children
§ 26B-3-125 Medicaid — Continuous eligibility — Promoting payment and delivery reform
§ 26B-3-126 Patient notice of health care provider privacy practices
§ 26B-3-127 Optional Medicaid expansion
§ 26B-3-128 Medicaid vision services — Request for proposals
§ 26B-3-129 Review of claims — Audit and investigation procedures
§ 26B-3-130 Medicaid intergovernmental transfer report — Approval requirements
§ 26B-3-131 Screening, Brief Intervention, and Referral to Treatment Medicaid reimbursement
§ 26B-3-132 Prescribing policies for opioid prescriptions
§ 26B-3-133 Reimbursement for long-acting reversible contraception immediately following childbirth
§ 26B-3-134 Coverage of exome sequence testing
§ 26B-3-135 Reimbursement for nonemergency secured behavioral health transport providers
§ 26B-3-135 v2 Reimbursement for nonemergency secured behavioral health transport providers
§ 26B-3-136 Children’s Health Care Coverage Program
§ 26B-3-137 Reimbursement for diabetes prevention program
§ 26B-3-138 Behavioral health delivery working group
§ 26B-3-139 Adjudicative proceedings related to Medicaid funds
§ 26B-3-140 Medical assistance accountability — Division duties — Reporting
§ 26B-3-141 Medical assistance from division or Department of Workforce Services and compliance under adoption assistance interstate compact — Penalty for fraudulent claim
§ 26B-3-142 Long-acting injectables

Terms Used In Utah Code > Title 26B > Chapter 3 > Part 1 - Health Care Assistance

  • 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
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by:
    (a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;
    (b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 54-17-602(1):
    (i) wind energy;
    (ii) solar photovoltaic and solar thermal energy;
    (iii) wave, tidal, and ocean thermal energy;
    (iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
    (A) organic waste;
    (B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
    (C) agricultural residues;
    (D) dedicated energy crops; and
    (E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;
    (v) geothermal energy;
    (vi) hydroelectric energy; or
    (vii) waste gas and waste heat capture or recovery; and
    (c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from demand side management as defined in Section 54-7-12. See Utah Code 54-17-601
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
  • Affected entity: means an entity as defined in Sections 10-9a-103 and 17-27a-103. See Utah Code 54-18-102
  • Affected landowner: means an owner of a property interest, as reflected in the most recent county or city tax records as receiving a property tax notice, whose property is located within a proposed corridor. See Utah Code 54-18-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annualized billing period: means :
    (a) a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or
    (b) an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. See Utah Code 54-15-102
  • Antenna: means communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service. See Utah Code 54-21-101
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101
  • Applicant: means a wireless provider who submits an application. See Utah Code 54-21-101
  • Application: means a request submitted by a wireless provider to an authority for a permit to:
    (a) collocate a small wireless facility in a right-of-way; or
    (b) install, modify, or replace a utility pole or a wireless support structure. See Utah Code 54-21-101
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means :
    (i) the state;
    (ii) a state agency;
    (iii) a county;
    (iv) a municipality;
    (v) a town;
    (vi) a metrotownship;
    (vii) a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or
    (viii) a special district or entity established to provide a single public service within a specific geographic area, including:
    (A) a public utility district; or
    (B) an irrigation district. See Utah Code 54-21-101
  • Authority pole: means a utility pole owned, managed, or operated by, or on behalf of, an authority. See Utah Code 54-21-101
  • Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1
  • Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
    (a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and
    (b) carried forward into a subsequent year. See Utah Code 54-17-601
  • Benchmark option: means an energy resource against which bids in an open bid process may be evaluated that:
    (a) could be constructed or owned by:
    (i) an affected electrical utility; or
    (ii) an affiliate of an affected electrical utility; or
    (b) may be a purchase of:
    (i) electricity;
    (ii) electric generating capacity; or
    (iii) electricity and electric generating capacity. See Utah Code 54-17-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Utility Facility Review Board. See Utah Code 54-14-103
  • Category one authority: means a single authority with a population of 65,000 or greater. See Utah Code 54-21-101
  • Category two authority: means a single authority with a population of less than 65,000. See Utah Code 54-21-101
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1
  • CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
  • Collocate: means to install, mount, maintain, modify, operate, or replace a small wireless facility:
    (a) on a wireless support structure or utility pole; or
    (b) for ground-mounted equipment, adjacent to a wireless support structure or utility pole. See Utah Code 54-21-101
  • Commission: means the Public Service Commission created in Section 54-1-1. See Utah Code 54-17-902
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Communications service: means :
    (a) a cable service, as defined in 47 U. See Utah Code 54-21-101
  • Communications service provider: means :
    (a) a cable operator, as defined in 47 U. See Utah Code 54-21-101
  • 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
  • Construction: means the excavation, construction, and installation of a high voltage electric power line or upgraded high voltage transmission line. See Utah Code 54-18-102
  • Consumer price index: means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-23-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract customer: means a person who executes or will execute a renewable energy contract with a qualified utility. See Utah Code 54-17-801
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
  • County: means the unincorporated area of a county. See Utah Code 54-17-902
  • Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
    (i) at an angle between 80 degrees and 100 degrees;
    (ii) with a minimum depth of:
    (A) 10 feet below rail level for nonhorizontal directional drilling; or
    (B) 15 feet below rail for horizontal directional drilling; and
    (iii) within a county that is not a county of the first class. See Utah Code 54-23-102
  • Customer-generated electricity: means electricity that:
    (a) is generated by a customer generation system for a customer participating in a net metering program;
    (b) exceeds the electricity the customer needs for the customer's own use; and
    (c) is supplied to the electrical corporation administering the net metering program. See Utah Code 54-15-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decorative pole: means an authority pole:
    (a) that is specially designed and placed for an aesthetic purpose; and
    (b) 
    (i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than:
    (A) a small wireless facility;
    (B) a specialty designed informational or directional sign; or
    (C) a temporary holiday or special event attachment; or
    (ii) on which no appurtenance or attachment has been placed, other than:
    (A) a small wireless facility;
    (B) a specialty designed informational or directional sign; or
    (C) a temporary holiday or special event attachment. See Utah Code 54-21-101
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
  • Dependent: A person dependent for support upon another.
  • Design district: means an area:
    (a) that is zoned or otherwise designated by municipal ordinance or code; and
    (b) for which the authority maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. See Utah Code 54-21-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
  • Division: means the Division of Public Utilities created in Section 54-4a-1. See Utah Code 54-17-902
  • Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
  • Eligible facility: means a facility that uses energy derived from one of the following to generate electricity:
    (a) solar photovoltaic and solar thermal energy;
    (b) wind energy;
    (c) hydrogen;
    (d) organic waste;
    (e) hydroelectric energy;
    (f) waste gas and waste heat capture or recovery;
    (g) biomass and biomass byproducts, except for the combustion of:
    (i) wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or
    (ii) municipal waste in a solid form;
    (h) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
    (i) agricultural residues;
    (j) dedicated energy crops;
    (k) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or
    (l) geothermal energy. See Utah Code 54-15-102
  • Energy utility: means one of the following with 200,000 retail customers in the state:
    (i) an electrical corporation; or
    (ii) a gas corporation. See Utah Code 54-17-401
  • Equipment package: means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. See Utah Code 54-15-102
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Excess customer-generated electricity: means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. See Utah Code 54-15-102
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Facility: includes a high voltage power line route as defined in Section 54-18-102. See Utah Code 54-14-103
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Gas pipeline: means equipment, material, and structures used to transport gas to the public utility's customers, including:
    (i) pipe;
    (ii) a compressor;
    (iii) a pressure regulator;
    (iv) a support structure; and
    (v) any other equipment or structure used to transport or facilitate transportation of gas through a pipe. See Utah Code 54-14-103
  • Governing authority: means :
    (a) for a distribution electrical cooperative, its board of directors; and
    (b) for each other electrical corporation, the Public Service Commission. See Utah Code 54-15-102
  • Gross revenue: means the same as gross receipts from telecommunications service is defined in Section 10-1-402. See Utah Code 54-21-101
  • High voltage power line: means :
    (a) an electrical high voltage power line with a nominal voltage of 230 kilovolts or more; and
    (b) an upgraded high voltage power line. See Utah Code 54-18-102
  • Highway: includes :Utah Code 68-3-12.5
  • Historic district: means a group of buildings, properties, or sites that are:
    (a) in accordance with 47 C. See Utah Code 54-21-101
  • in writing: includes a communication or representation that is handwritten, typewritten, printed, photostated, photographed, or electronic. See Utah Code 54-21-101
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
  • Initial opt-out period: means the period of time immediately after the community renewable energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty. See Utah Code 54-17-902
  • Integrated resource plan: means a plan that contains:
    (a) the demand and energy forecast by the affected electrical utility for at least a ten-year period;
    (b) the affected electrical utility's options for meeting the requirements shown in its load and resource forecast in an economic and reliable manner, including:
    (i) demand-side and supply-side options; and
    (ii) a brief description and summary cost-benefit analysis, if available, of each option that was considered;
    (c) the affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service;
    (d) a description of the external environmental and economic consequences of the plan to the extent practicable; and
    (e) any other data and analyses as the commission may require. See Utah Code 54-17-102
  • Inverter: means a device that:
    (a) converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and
    (b) has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
  • 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 :Utah Code 68-3-12.5
  • Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
  • Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101
  • member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
  • Micro wireless facility: means a type of small wireless facility:
    (a) that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;
    (b) on which any exterior antenna is no longer than 11 inches; and
    (c) that only provides Wi-Fi service. See Utah Code 54-21-101
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means a city or a town as defined in Section 10-1-104. See Utah Code 54-17-902
  • Net electricity: means the difference, as measured at the meter owned by the electrical corporation between:
    (a) the amount of electricity that an electrical corporation supplies to a customer participating in a net metering program; and
    (b) the amount of customer-generated electricity delivered to the electrical corporation. See Utah Code 54-15-102
  • Net metering: means measuring the amount of net electricity for the applicable billing period. See Utah Code 54-15-102
  • Net metering program: means a program administered by an electrical corporation whereby a customer with a customer generation system may:
    (a) generate electricity primarily for the customer's own use;
    (b) supply customer-generated electricity to the electrical corporation; and
    (c) if net metering results in excess customer-generated electricity during a billing period, receive a credit as provided in Section 54-15-104. See Utah Code 54-15-102
  • Nondiscriminatory: means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. See Utah Code 54-21-101
  • 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
  • Ongoing costs: means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets. See Utah Code 54-17-902
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participating community: means a municipality or a county:
    (a) whose residents are served by a qualified utility; and
    (b) the municipality or county meets the requirements in Section 54-17-903. 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101
  • Pay: includes , in reference to a local government paying the actual excess cost of a facility, payment by:
    (a) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts;
    (b) a special service district under Title 17D, Chapter 1, Special Service District Act; or
    (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
  • Permit: means a written authorization an authority requires for a wireless provider to perform an action or initiate, continue, or complete a project. See Utah Code 54-21-101
  • Person: means :Utah Code 68-3-12.5
  • Pilot program period: means a period of five years during which the sustainable transportation and energy plan is effective:
    (a) for a large-scale electric utility, beginning on January 1, 2017; or
    (b) for a large-scale natural gas utility, beginning on July 1, 2019. See Utah Code 54-20-102
  • PPACA: means the same as that term is defined in Section 31A-1-301. See Utah Code 26B-3-101
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Proposed corridor: means the transmission line route within a target study area selected by the public utility as the public utility's proposed alignment for a high voltage power line. See Utah Code 54-18-102
  • Proposed route: means the right-of-way needed for construction of the high voltage power line. See Utah Code 54-18-102
  • 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
  • Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, 16 U. See Utah Code 54-2-1
  • Qualified utility: means an electric corporation that serves more than 200,000 retail customers in the state. See Utah Code 54-17-801
  • Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-17-902
  • Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:
    (a) becomes operational or is retrofitted on or after January 1, 2008; and
    (b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through another verifiably permanent reduction in carbon dioxide emissions through the use of technology. See Utah Code 54-17-601
  • Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
    (a) 
    (i) the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or
    (ii) the qualifying electricity is delivered to the transmission system of an electrical corporation or a delivery point designated by the electrical corporation for the purpose of subsequent delivery to the electrical corporation; and
    (b) the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 54-17-601
  • Qualifying power producer: means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. See Utah Code 54-2-1
  • Quorum: The number of legislators that must be present to do business.
  • Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
  • Rate: means a recurring charge. See Utah Code 54-21-101
  • Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
  • Renewable energy certificate: means a certificate issued under Section 54-17-603. See Utah Code 54-17-601
  • Renewable energy contract: means a contract under this part for the delivery of electricity from one or more renewable energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a renewable energy facility to the contract customer. See Utah Code 54-17-801
  • Renewable energy facility: means a renewable energy source as defined in Section 54-17-601 that:
    (i) is located in the state; or
    (ii) 
    (A) is located outside the state; and
    (B) provides energy from baseload renewable resources. See Utah Code 54-17-801
  • 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
  • Renewable energy source: means :
    (a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995 that derives its energy from one or more of the following:
    (i) wind energy;
    (ii) solar photovoltaic and solar thermal energy;
    (iii) wave, tidal, and ocean thermal energy;
    (iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
    (A) organic waste;
    (B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
    (C) agricultural residues;
    (D) dedicated energy crops; and
    (E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;
    (v) geothermal energy located outside the state;
    (vi) waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from:
    (A) an abandoned coal mine; or
    (B) a coal degassing operation associated with a state-approved mine permit;
    (vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;
    (viii) compressed air, if:
    (A) the compressed air is taken from compressed air energy storage; and
    (B) the energy used to compress the air is a renewable energy source; or
    (ix) municipal solid waste;
    (b) any of the following:
    (i) up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;
    (ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or
    (iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
    (c) hydrogen gas derived from any source of energy described in Subsection (10)(a) or (b);
    (d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (10)(a) through (c); and
    (e) any of the following located in the state and owned by a user of energy:
    (i) a demand side management measure, as defined by Subsection 54-7-12. See Utah Code 54-17-601
  • Renewable energy tariff: means a tariff offered by a qualified utility that allows the qualified utility to procure renewable generation on behalf of and to serve its customers. See Utah Code 54-17-801
  • 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
  • Resource decision: means a decision, other than a decision to construct or acquire a significant energy resource, involving:
    (i) an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including:
    (A) a facility or process for the efficient, reliable, or safe provision of energy to retail customers;
    (B) an energy efficiency and conservation program; or
    (C) rural gas infrastructure development; or
    (ii) a decision determined by the commission to be appropriate for review under this part. See Utah Code 54-17-401
  • Right-of-way: means the area on, below, or above a public:
    (i) roadway;
    (ii) highway;
    (iii) street;
    (iv) sidewalk;
    (v) alley; or
    (vi) property similar to property listed in Subsections (24)(a)(i) through (v). See Utah Code 54-21-101
  • Rural gas infrastructure development: means the acquisition, planning, development, extension, expansion, and construction of natural gas utility facilities to serve previously unserved rural areas of the state. See Utah Code 54-17-401
  • Small wireless facility: means a type of wireless facility:
    (a) on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and
    (b) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:
    (i) electric meter;
    (ii) concealment element;
    (iii) telecommunications demarcation box;
    (iv) grounding equipment;
    (v) power transfer switch;
    (vi) cut-off switch;
    (vii) vertical cable run for the connection of power or other service;
    (viii) wireless provider antenna; or
    (ix) coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. See Utah Code 54-21-101
  • Solicitation: means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource. See Utah Code 54-17-102
  • 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
  • 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
  • Statute: A law passed by a legislature.
  • Substation: means a separate space within which electric supply equipment is located for the purpose of switching, regulating, transforming, or otherwise modifying the characteristics of electricity, including:
    (i) electrical equipment such as transformers, circuit breakers, voltage regulating equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and other related equipment;
    (ii) the site at which the equipment is located, any foundations, support structures, buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and
    (iii) the structure intended to restrict access to the equipment to qualified persons. See Utah Code 54-14-103
  • Sustainable transportation and energy plan: means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including:
    (a) a natural gas vehicle rate or natural gas clean air program described in Section 54-4-13. See Utah Code 54-20-102
  • Switchgear: means the combination of electrical disconnects, fuses, or circuit breakers:
    (a) used to:
    (i) isolate electrical equipment; and
    (ii) de-energize equipment to allow work to be performed or faults downstream to be cleared; and
    (b) that is:
    (i) designed, tested, and certified to UL1741; and
    (ii) installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102
  • Target study area: means the geographic area for a new high voltage transmission line or an upgraded high voltage power line as proposed by a public utility. See Utah Code 54-18-102
  • Technically feasible: means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or the small wireless facility's design or site location, can be implemented without a significant reduction or impairment to the functionality of the small wireless facility. See Utah Code 54-21-101
  • telecommunications facility: means fiber optics or related conduit installed in a crossing. See Utah Code 54-23-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transmission line: includes , for purposes of Title 54, Chapter 18, Siting of High Voltage Power Line Act, an electrical line as described in Subsection (11)(a) operated at a nominal voltage of 230 kilovolts or more. See Utah Code 54-14-103
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Unbundled renewable energy certificate: means a renewable energy certificate associated with:
    (a) qualifying electricity that is acquired by an electrical corporation or other person by trade, purchase, or other transfer without acquiring the electricity for which the certificate was issued; or
    (b) activities listed in Subsection (10)(e). See Utah Code 54-17-601
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Upgraded high voltage power line: means increasing the voltage of an existing transmission line to 230 kilovolts or more. See Utah Code 54-18-102
  • Utility pole: means a pole or similar structure that:
    (i) is in a right-of-way; and
    (ii) is or may be used, in whole or in part, for:
    (A) wireline communications;
    (B) electric distribution;
    (C) lighting;
    (D) traffic control;
    (E) signage;
    (F) a similar function to a function described in Subsections (28)(a)(ii)(A) through (E); or
    (G) the collocation of a small wireless facility. See Utah Code 54-21-101
  • Wireless facility: means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including:
    (i) equipment associated with wireless communications; and
    (ii) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. See Utah Code 54-21-101
  • Wireless infrastructure provider: includes a person authorized to provide a telecommunications service in the state. See Utah Code 54-21-101
  • Wireless provider: means a wireless infrastructure provider or a wireless service provider. See Utah Code 54-21-101
  • Wireless service: includes the use of Wi-Fi. See Utah Code 54-21-101
  • Wireless service provider: means a person who provides a wireless service. See Utah Code 54-21-101
  • Wireless support structure: means an existing or proposed structure that is:
    (i) in a right-of-way; and
    (ii) designed to support or capable of supporting a wireless facility, including a:
    (A) monopole;
    (B) tower, either guyed or self-supporting;
    (C) billboard; or
    (D) building. See Utah Code 54-21-101
  • Wireline backhaul facility: means a facility used to transport communications by wire from a wireless facility to a communications network. See Utah Code 54-21-101
  • Writing: includes :Utah Code 68-3-12.5