UT
Utah House Bill HB0425

Utah 2023 Regular Session

Utah House Bill HB0425 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 425
1+4th Sub. H.B. 425
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: S. Elder 6
4+6 03-02-23 1:19 PM 6
5+H.B. 425
6+4th Sub. (Green)
7+Senator Derrin R. Owens proposes the following substitute bill:
28 1 ENERGY SECURITY AMENDMENTS
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Ken Ivory
612 5 Senate Sponsor: Derrin R. Owens
7-6Cosponsors:
8-7Cheryl K. Acton
9-8Carl R. Albrecht
10-9Melissa G. Ballard
11-10Stewart E. Barlow
12-11Kera Birkeland
13-12Bridger Bolinder
14-13Brady Brammer
15-14Walt Brooks
16-15Jefferson S. Burton
17-16Scott H. Chew
18-17Kay J. Christofferson
19-18Tyler Clancy
20-19Joseph Elison
21-20Stephanie Gricius
22-Matthew H. Gwynn
23-Katy Hall
24-Jon Hawkins
25-Colin W. Jack
26-Tim Jimenez
27-Dan N. Johnson
28-Marsha Judkins
29-Michael L. Kohler
30-Quinn Kotter
31-Trevor Lee
32-Karianne Lisonbee
33-Anthony E. Loubet
34-Steven J. Lund
35-Phil Lyman
36-A. Cory Maloy
37-Jefferson Moss
38-Michael J. Petersen
39-Thomas W. Peterson
40-Candice B. Pierucci
41-Judy Weeks Rohner
42-Mike Schultz
43-Rex P. Shipp
44-Keven J. Stratton
45-Mark A. Strong
46-Jordan D. Teuscher
47-R. Neil Walter
48-Stephen L. Whyte
49-Brad R. Wilson
50-21
51-22LONG TITLE
52-23General Description:
53-24 This bill modifies provisions related to the regulation of energy.
54-25Highlighted Provisions:
55-26 This bill:
56-27 <defines terms; H.B. 425
57-Enrolled Copy
13+6
14+7LONG TITLE
15+8General Description:
16+9 This bill modifies provisions related to the regulation of energy.
17+10Highlighted Provisions:
18+11 This bill:
19+12 <defines terms;
20+13 <requires a project entity to provide notice to the Legislative Management Committee
21+14180 days prior to:
22+15 Cthe disposal or sale of any project entity asset; and
23+16 Cthe decommissioning of a coal-powered electrical generation facility;
24+17 <requires the Office of Energy Development to:
25+18 Cconduct a study of a project entity; and
26+19 Creport the results of the study to the Public Utilities, Energy, and Technology
27+20Interim Committee;
28+21 <modifies the state energy policy to promote the state's energy independence by:
29+22 Cpromoting the use of energy resources generated within the state; and
30+23 Cpromoting the use of clean energy sources by considering the emissions of an
31+24energy resource throughout the entire life cycle of the energy resource;
32+25 <provides legislative findings;
33+*HB0425S04* 4th Sub. (Green) H.B. 425 03-02-23 1:19 PM
5834 - 2 -
59-28 <requires a project entity to provide notice to the Legislative Management Committee
60-29180 days prior to:
61-30 Cthe disposal or sale of any project entity asset; and
62-31 Cthe decommissioning of a coal-powered electrical generation facility;
63-32 <requires the Office of Energy Development to:
64-33 Cconduct a study of a project entity; and
65-34 Creport the results of the study to the Public Utilities, Energy, and Technology
66-35Interim Committee;
67-36 <modifies the state energy policy to promote the state's energy independence by:
68-37 Cpromoting the use of energy resources generated within the state; and
69-38 Cpromoting the use of clean energy sources by considering the emissions of an
70-39energy resource throughout the entire life cycle of the energy resource;
71-40 <provides legislative findings;
72-41 <requires a qualified utility to inform the Office of the Attorney General when a
73-42proposed federal regulation would result in the early retirement of an electrical
74-43generation facility;
75-44 <authorizes the Office of the Attorney General to take any action to defend the state's
76-45interests with respect to electricity generation by a qualified utility facing a
77-46proposed federal regulation that would result in the early retirement of an electrical
78-47generation facility; and
79-48 <makes technical changes.
80-49Money Appropriated in this Bill:
81-50 None
82-51Other Special Clauses:
83-52 None
84-53Utah Code Sections Affected:
85-54AMENDS: Enrolled Copy H.B. 425
86-- 3 -
87-55 79-6-301, as last amended by Laws of Utah 2021, Chapter 383 and renumbered and
88-56amended by Laws of Utah 2021, Chapter 280
89-57ENACTS:
90-58 11-13-318, Utah Code Annotated 1953
91-59 11-13-319, Utah Code Annotated 1953
92-60 79-6-303, Utah Code Annotated 1953
93-61
94-62Be it enacted by the Legislature of the state of Utah:
95-63 Section 1. Section 11-13-318 is enacted to read:
96-64 11-13-318. Notice of decommissioning or disposal of project entity assets.
97-65 (1) As used in this section:
98-66 (a) "Disposal" means the sale, transfer, or other disposition of a project entity's assets.
99-67 (b) (i) "Project entity asset" means a project entity's:
100-68 (A) land;
101-69 (B) buildings; or
102-70 (C) essential equipment, including turbines, generators, transformers, and transmission
103-71lines.
104-72 (ii) "Project entity asset" does not include an asset that is not essential for the
105-73generation of electricity in the project entity's coal-powered electrical generation facility.
106-74 (2) A project entity shall provide a notice of decommissioning or disposal to the
107-75Legislative Management Committee at least 180 days before:
108-76 (a) the disposal of any project entity assets; or
109-77 (b) the decommissioning of the project entity's coal-powered electrical generation
110-78facility.
111-79 (3) The notice of decommissioning or disposal described in Subsection (2) shall
112-80include:
113-81 (a) the date of the intended decommissioning or disposal; H.B. 425
114-Enrolled Copy
115-- 4 -
116-82 (b) a description of the project entity's coal-powered electrical generation facility
117-83intended for decommissioning or any project entity asset intended for disposal; and
118-84 (c) the reasons for the decommissioning or disposal.
119-85 (4) A project entity may not intentionally prevent the functionality of the project
120-86entity's existing coal-powered electrical generation facility.
121-87 (5) Notwithstanding the requirements in Subsections (2) through (4), a project entity
122-88may take any action necessary to transition to a new electrical generation facility powered by
123-89natural gas, hydrogen, or a combination of natural gas and hydrogen, including any action that
124-90has been approved by a permitting authority.
125-91 Section 2. Section 11-13-319 is enacted to read:
126-92 11-13-319. Project entity continued operation study.
127-93 (1) The Office of Energy Development shall conduct a study to:
128-94 (a) evaluate all environmental regulations and permits to be filed to continue operation
129-95of a project entity's existing coal-powered electrical generation facility;
130-96 (b) identify best available technology to implement additional environmental controls
131-97for continued operation of a project entity's existing coal-powered electrical generation facility;
132-98 (c) identify the transmission capacity of the project entity;
133-99 (d) coordinate with state and local economic development agencies to evaluate
134-100economic opportunities for continued use of a project entity's existing coal-powered electrical
135-101generation facility;
136-102 (e) analyze the financial assets and liabilities of a project entity;
137-103 (f) identify the best interests of the local economies, local tax base, and the state in
138-104relation to a project entity;
139-105 (g) evaluate the viability of the continued operation of a project entity's existing
140-106coal-powered electrical generation facility:
141-107 (i) under ownership of the state; or
142-108 (ii) in a public private partnership; and Enrolled Copy H.B. 425
35+26 <requires a qualified utility to inform the Office of the Attorney General when a
36+27proposed federal regulation would result in the early retirement of an electrical
37+28generation facility;
38+29 <authorizes the Office of the Attorney General to take any action to defend the state's
39+30interests with respect to electricity generation by a qualified utility facing a
40+31proposed federal regulation that would result in the early retirement of an electrical
41+32generation facility; and
42+33 <makes technical changes.
43+34Money Appropriated in this Bill:
44+35 None
45+36Other Special Clauses:
46+37 This bill provides a special effective date.
47+38Utah Code Sections Affected:
48+39AMENDS:
49+40 79-6-301, as last amended by Laws of Utah 2021, Chapter 383 and renumbered and
50+41amended by Laws of Utah 2021, Chapter 280
51+42ENACTS:
52+43 11-13-318, Utah Code Annotated 1953
53+44 11-13-319, Utah Code Annotated 1953
54+45 79-6-303, Utah Code Annotated 1953
55+46
56+47Be it enacted by the Legislature of the state of Utah:
57+48 Section 1. Section 11-13-318 is enacted to read:
58+49 11-13-318. Notice of decommissioning or disposal of project entity assets.
59+50 (1) As used in this section,
60+51 (a) "Disposal" means the sale, transfer, or other disposition of a project entity's assets.
61+52 (b) (i) "Project entity asset" means a project entity's:
62+53 (A) land;
63+54 (B) buildings; or
64+55 (C) essential equipment, including turbines, generators, transformers, and transmission
65+56lines. 03-02-23 1:19 PM 4th Sub. (Green) H.B. 425
66+- 3 - House Committee Amendments 3-2-2023 pf/se1
67+57 (ii) "Project entity asset" does not include an asset that is not essential for the
68+58generation of electricity in the project entity's coal-powered electrical generation facility.
69+59 (2)  º [Before July 1, 2025, a] A »  project entity shall provide a notice of
70+59adecommissioning or
71+60disposal to the Legislative Management Committee at least 180 days before:
72+61 (a) the disposal of any project entity assets; or
73+62 (b) the decommissioning of the project entity's coal-powered electrical generation
74+63facility.
75+64 (3) The notice of decommissioning or disposal described in Subsection (2) shall
76+65include:
77+66 (a) the date of the intended decommissioning or disposal;
78+67 (b) a description of the project entity's coal-powered electrical generation facility
79+68intended for decommissioning or any project entity asset intended for disposal; and
80+69 (c) the reasons for the decommissioning or disposal.
81+70 (4)  º [Before July 1, 2025, a] A »  project entity may not intentionally prevent the
82+70afunctionality
83+71of the project entity's existing coal-powered electrical generation facility.
84+72 (5) Notwithstanding the requirements in Subsections (2) through (4), a project entity
85+73may take any action necessary to transition to a new electrical generation facility powered by
86+74natural gas, hydrogen, or a combination of natural gas and hydrogen, including any action that
87+75has been approved by a permitting authority.
88+76 Section 2. Section 11-13-319 is enacted to read:
89+77 11-13-319. Project entity continued operation study.
90+78 (1) The Office of Energy Development shall conduct a study to:
91+79 (a) evaluate all environmental regulations and permits to be filed to continue operation
92+80of a project entity's existing coal-powered electrical generation facility;
93+81 (b) identify best available technology to implement additional environmental controls
94+82for continued operation of a project entity's existing coal-powered electrical generation facility;
95+83 (c) identify the transmission capacity of the project entity;
96+84 (d) coordinate with state and local economic development agencies to evaluate
97+85economic opportunities for continued use of a project entity's existing coal-powered electrical
98+86generation facility;
99+87 (e) analyze the financial assets and liabilities of a project entity; 4th Sub. (Green) H.B. 425 03-02-23 1:19 PM
100+- 4 - House Committee Amendments 3-2-2023 pf/se1
101+88 (f) identify the best interests of the local economies, local tax base, and the state in
102+89relation to a project entity;
103+90 (g) evaluate the viability of the continued operation of a project entity's existing
104+91coal-powered electrical generation facility:
105+92 (i) under ownership of the state; or
106+93 (ii) in a public private partnership; and
107+94 (h) identify the steps necessary for the state to obtain first right of refusal for ownership
108+95of a project  º entity's »  existing coal-powered electrical generation facility.
109+96 (2) A project entity shall cooperate and provide timely assistance and information to
110+97the Office of Energy Development in the preparation of the study described in Subsection (1).
111+98 (3) The Office of Energy Development shall report to the Public Utilities, Energy and
112+99Technology Interim Committee and the Legislative Management Committee on or before the
113+100Public Utilities, Energy, and Technology Interim Committee's September 2023 interim
114+101committee meeting.
115+102 (4) The report described in Subsection (3) shall include:
116+103 (a) the results of the study described in Subsection (1);
117+104 (b) recommendations for continued operation of a project entity's existing
118+105coal-powered electrical generation facility;
119+106 (c) environmental controls that need to be implemented for the continued operation of
120+107a project entity's existing coal-powered electrical generation facility;
121+108 (d) recommendations to increase local and state tax revenue through the continued
122+109operation of a project entity's existing coal-powered electrical generation facility; and
123+110 (e) recommendations for legislation to be introduced in the 2024 General Session to
124+111enable the continued operation of a project entity's existing coal-powered electrical generation
125+112facility.
126+113 Section 3. Section 79-6-301 is amended to read:
127+114 79-6-301. State energy policy.
128+115 (1) It is the policy of the state that:
129+116 (a) Utah shall have adequate, reliable, affordable, sustainable, and clean energy
130+117resources;
131+118 (b) Utah [will] shall promote the development of: 03-02-23 1:19 PM 4th Sub. (Green) H.B. 425
143132 - 5 -
144-109 (h) identify the steps necessary for the state to obtain first right of refusal for ownership
145-110of a project entity's existing coal-powered electrical generation facility.
146-111 (2) A project entity shall cooperate and provide timely assistance and information to
147-112the Office of Energy Development in the preparation of the study described in Subsection (1).
148-113 (3) The Office of Energy Development shall report to the Public Utilities, Energy, and
149-114Technology Interim Committee and the Legislative Management Committee on or before the
150-115Public Utilities, Energy, and Technology Interim Committee's September 2023 interim
151-116committee meeting.
152-117 (4) The report described in Subsection (3) shall include:
153-118 (a) the results of the study described in Subsection (1);
154-119 (b) recommendations for continued operation of a project entity's existing
155-120coal-powered electrical generation facility;
156-121 (c) environmental controls that need to be implemented for the continued operation of
157-122a project entity's existing coal-powered electrical generation facility;
158-123 (d) recommendations to increase local and state tax revenue through the continued
159-124operation of a project entity's existing coal-powered electrical generation facility; and
160-125 (e) recommendations for legislation to be introduced in the 2024 General Session to
161-126enable the continued operation of a project entity's existing coal-powered electrical generation
162-127facility.
163-128 Section 3. Section 79-6-301 is amended to read:
164-129 79-6-301. State energy policy.
165-130 (1) It is the policy of the state that:
166-131 (a) Utah shall have adequate, reliable, affordable, sustainable, and clean energy
167-132resources;
168-133 (b) Utah [will] shall promote the development of:
169-134 (i) nonrenewable energy resources, including natural gas, coal, oil, oil shale, and oil
170-135sands; H.B. 425
171-Enrolled Copy
133+119 (i) nonrenewable energy resources, including natural gas, coal, oil, oil shale, and oil
134+120sands;
135+121 (ii) renewable energy resources, including geothermal, solar, wind, biomass, biofuel,
136+122and hydroelectric;
137+123 (iii) nuclear power generation technologies certified for use by the United States
138+124Nuclear Regulatory Commission including molten salt reactors producing medical isotopes;
139+125 (iv) alternative transportation fuels and technologies;
140+126 (v) infrastructure to facilitate energy development, diversified modes of transportation,
141+127greater access to domestic and international markets for Utah's resources, and advanced
142+128transmission systems;
143+129 (vi) energy storage, pumped storage, and other advanced energy systems, including
144+130hydrogen from all sources;
145+131 (vii) electricity systems that can be controlled at the request of grid operators to meet
146+132system load demands, to ensure an adequate supply of dispatchable energy generation
147+133resources; and
148+134 (viii) increased refinery capacity;
149+135 (c) Utah [will] shall promote the development of resources and infrastructure sufficient
150+136to meet the state's growing demand, while contributing to the regional and national energy
151+137supply, thus reducing dependence on international energy sources;
152+138 (d) Utah [will] shall promote the development of resources, tools, and infrastructure to
153+139enhance the state's ability to:
154+140 (i) respond effectively to significant disruptions to the state's energy generation, energy
155+141delivery systems, or fuel supplies; [and]
156+142 (ii) maintain adequate supply, including reserves of proven and cost-effective
157+143dispatchable electricity reserves to meet grid demand; and
158+144 (iii) ensure the state's energy independence by promoting the use of energy resources
159+145generated within the state;
160+146 (e) Utah [will] shall allow market forces to drive prudent use of energy resources,
161+147although incentives and other methods may be used to ensure the state's optimal development
162+148and use of energy resources in the short- and long-term;
163+149 (f) Utah [will] shall pursue energy conservation, energy efficiency, and environmental 4th Sub. (Green) H.B. 425 03-02-23 1:19 PM
172164 - 6 -
173-136 (ii) renewable energy resources, including geothermal, solar, wind, biomass, biofuel,
174-137and hydroelectric;
175-138 (iii) nuclear power generation technologies certified for use by the United States
176-139Nuclear Regulatory Commission including molten salt reactors producing medical isotopes;
177-140 (iv) alternative transportation fuels and technologies;
178-141 (v) infrastructure to facilitate energy development, diversified modes of transportation,
179-142greater access to domestic and international markets for Utah's resources, and advanced
180-143transmission systems;
181-144 (vi) energy storage, pumped storage, and other advanced energy systems, including
182-145hydrogen from all sources;
183-146 (vii) electricity systems that can be controlled at the request of grid operators to meet
184-147system load demands, to ensure an adequate supply of dispatchable energy generation
185-148resources; and
186-149 (viii) increased refinery capacity;
187-150 (c) Utah [will] shall promote the development of resources and infrastructure sufficient
188-151to meet the state's growing demand, while contributing to the regional and national energy
189-152supply, thus reducing dependence on international energy sources;
190-153 (d) Utah [will] shall promote the development of resources, tools, and infrastructure to
191-154enhance the state's ability to:
192-155 (i) respond effectively to significant disruptions to the state's energy generation, energy
193-156delivery systems, or fuel supplies; [and]
194-157 (ii) maintain adequate supply, including reserves of proven and cost-effective
195-158dispatchable electricity reserves to meet grid demand; and
196-159 (iii) ensure the state's energy independence by promoting the use of energy resources
197-160generated within the state;
198-161 (e) Utah [will] shall allow market forces to drive prudent use of energy resources,
199-162although incentives and other methods may be used to ensure the state's optimal development Enrolled Copy H.B. 425
165+150quality;
166+151 (g) Utah shall promote the development of a secure supply chain from resource
167+152extraction to energy production and consumption;
168+153 [(g)] (h) (i) state regulatory processes should be streamlined to balance economic costs
169+154with the level of review necessary to ensure protection of the state's various interests; and
170+155 (ii) where federal action is required, Utah will encourage expedited federal action and
171+156will collaborate with federal agencies to expedite review;
172+157 [(h)] (i) Utah [will] shall maintain an environment that provides for stable consumer
173+158prices that are as low as possible while providing producers and suppliers a fair return on
174+159investment, recognizing that:
175+160 (i) economic prosperity is linked to the availability, reliability, and affordability of
176+161consumer energy supplies; and
177+162 (ii) investment will occur only when adequate financial returns can be realized; [and]
178+163 [(i)] (j) Utah [will] shall promote training and education programs focused on
179+164developing a comprehensive understanding of energy, including:
180+165 (i) programs addressing:
181+166 (A) energy conservation;
182+167 (B) energy efficiency;
183+168 (C) supply and demand; and
184+169 (D) energy related workforce development; and
185+170 (ii) energy education programs in grades [K-12.] kindergarten through grade 12; and
186+171 (k) Utah shall promote the use of clean energy sources by considering the emissions of
187+172an energy resource throughout the entire life cycle of the energy resource.
188+173 (2) State agencies are encouraged to conduct agency activities consistent with
189+174Subsection (1).
190+175 (3) A person may not file suit to challenge a state agency's action that is inconsistent
191+176with Subsection (1).
192+177 Section 4. Section 79-6-303 is enacted to read:
193+178 79-6-303. Legislative findings -- Forced retirement of electrical generation
194+179facilities.
195+180 (1) As used in this section: 03-02-23 1:19 PM 4th Sub. (Green) H.B. 425
200196 - 7 -
201-163and use of energy resources in the short- and long-term;
202-164 (f) Utah [will] shall pursue energy conservation, energy efficiency, and environmental
203-165quality;
204-166 (g) Utah shall promote the development of a secure supply chain from resource
205-167extraction to energy production and consumption;
206-168 [(g)] (h) (i) state regulatory processes should be streamlined to balance economic costs
207-169with the level of review necessary to ensure protection of the state's various interests; and
208-170 (ii) where federal action is required, Utah will encourage expedited federal action and
209-171will collaborate with federal agencies to expedite review;
210-172 [(h)] (i) Utah [will] shall maintain an environment that provides for stable consumer
211-173prices that are as low as possible while providing producers and suppliers a fair return on
212-174investment, recognizing that:
213-175 (i) economic prosperity is linked to the availability, reliability, and affordability of
214-176consumer energy supplies; and
215-177 (ii) investment will occur only when adequate financial returns can be realized; [and]
216-178 [(i)] (j) Utah [will] shall promote training and education programs focused on
217-179developing a comprehensive understanding of energy, including:
218-180 (i) programs addressing:
219-181 (A) energy conservation;
220-182 (B) energy efficiency;
221-183 (C) supply and demand; and
222-184 (D) energy related workforce development; and
223-185 (ii) energy education programs in grades [K-12.] kindergarten through grade 12; and
224-186 (k) Utah shall promote the use of clean energy sources by considering the emissions of
225-187an energy resource throughout the entire life cycle of the energy resource.
226-188 (2) State agencies are encouraged to conduct agency activities consistent with
227-189Subsection (1). H.B. 425
228-Enrolled Copy
197+181 (a) "Dispatchable" means available for use on demand and generally available to be
198+182delivered at a time and quantity of the operator's choosing.
199+183 (b) "Electrical generation facility" means a facility that generates electricity for
200+184provision to customers.
201+185 (c) "Forced retirement" means the closure of an electrical generation facility as a result
202+186of a federal regulation that either directly mandates the closure of an electrical generation
203+187facility or where the costs of compliance are so high as to effectively force the closure of an
204+188electrical generation facility.
205+189 (d) "Qualified utility" means the same as that term is defined in Section 54-17-801.
206+190 (e) "Reliable" means supporting a system generally able to provide a continuous supply
207+191of electricity at the proper voltage and frequency and the resiliency to withstand sudden or
208+192unexpected disturbances.
209+193 (f) "Secure" means protected against disruption, tampering, and external interference.
210+194 (2) The Legislature finds that:
211+195 (a) affordable, reliable, dispatchable, and secure energy resources are important to the
212+196health, safety, and welfare of the state's citizens;
213+197 (b) the state has invested substantial resources in the development of affordable,
214+198reliable, dispatchable, and secure energy resources within the state;
215+199 (c) the early retirement of an electrical generation facility that provides affordable,
216+200reliable, dispatchable, and secure energy is a threat to the health, safety, and welfare of the
217+201state's citizens;
218+202 (d) the state's police powers, reserved to the state by the United States Constitution,
219+203provide the state with sovereign authority to make and enforce laws for the protection of the
220+204health, safety, and welfare of the state's citizens;
221+205 (e) the state has a duty to defend the production and supply of affordable, reliable,
222+206dispatchable, and secure energy from external regulatory interference; and
223+207 (f) the state's sovereign authority with respect to the retirement of an electrical
224+208generation facility for the protection of the health, safety, and welfare of the state's citizens is
225+209primary and takes precedence over any attempt from an external regulatory body to mandate,
226+210restrict, or influence the early retirement of an electrical generation facility in the state.
227+211 (3) A qualified utility that receives notice of any federal regulation that may result in 4th Sub. (Green) H.B. 425 03-02-23 1:19 PM
229228 - 8 -
230-190 (3) A person may not file suit to challenge a state agency's action that is inconsistent
231-191with Subsection (1).
232-192 Section 4. Section 79-6-303 is enacted to read:
233-193 79-6-303. Legislative findings -- Forced retirement of electrical generation
234-194facilities.
235-195 (1) As used in this section:
236-196 (a) "Dispatchable" means available for use on demand and generally available to be
237-197delivered at a time and quantity of the operator's choosing.
238-198 (b) "Electrical generation facility" means a facility that generates electricity for
239-199provision to customers.
240-200 (c) "Forced retirement" means the closure of an electrical generation facility as a result
241-201of a federal regulation that either directly mandates the closure of an electrical generation
242-202facility or where the costs of compliance are so high as to effectively force the closure of an
243-203electrical generation facility.
244-204 (d) "Qualified utility" means the same as that term is defined in Section 54-17-801.
245-205 (e) "Reliable" means supporting a system generally able to provide a continuous supply
246-206of electricity at the proper voltage and frequency and the resiliency to withstand sudden or
247-207unexpected disturbances.
248-208 (f) "Secure" means protected against disruption, tampering, and external interference.
249-209 (2) The Legislature finds that:
250-210 (a) affordable, reliable, dispatchable, and secure energy resources are important to the
251-211health, safety, and welfare of the state's citizens;
252-212 (b) the state has invested substantial resources in the development of affordable,
253-213reliable, dispatchable, and secure energy resources within the state;
254-214 (c) the early retirement of an electrical generation facility that provides affordable,
255-215reliable, dispatchable, and secure energy is a threat to the health, safety, and welfare of the
256-216state's citizens; Enrolled Copy H.B. 425
257-- 9 -
258-217 (d) the state's police powers, reserved to the state by the United States Constitution,
259-218provide the state with sovereign authority to make and enforce laws for the protection of the
260-219health, safety, and welfare of the state's citizens;
261-220 (e) the state has a duty to defend the production and supply of affordable, reliable,
262-221dispatchable, and secure energy from external regulatory interference; and
263-222 (f) the state's sovereign authority with respect to the retirement of an electrical
264-223generation facility for the protection of the health, safety, and welfare of the state's citizens is
265-224primary and takes precedence over any attempt from an external regulatory body to mandate,
266-225restrict, or influence the early retirement of an electrical generation facility in the state.
267-226 (3) A qualified utility that receives notice of any federal regulation that may result in
268-227the forced retirement of the qualified utility's electrical generation facility shall inform the
269-228Office of the Attorney General of the regulation within 30 days after the receipt of notice.
270-229 (4) After being informed as described in Subsection (3), the Office of the Attorney
271-230General may take any action necessary to defend the interest of the state with respect to
272-231electricity generation by the qualified utility, including filing an action in court or participating
273-232in administrative proceedings.
229+212the forced retirement of the qualified utility's electrical generation facility shall inform the
230+213Office of the Attorney General of the regulation within 30 days after the receipt of notice.
231+214 (4) After being informed as described in Subsection (3), the Office of the Attorney
232+215General may take any action necessary to defend the interest of the state with respect to
233+216electricity generation by the qualified utility, including filing an action in court or participating
234+217in administrative proceedings.
235+218 Section 5. Effective date.
236+219 If approved by two-thirds of all the members elected to each house, this bill takes effect
237+220upon approval by the governor, or the day following the constitutional time limit of Utah
238+221Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
239+222the date of veto override.