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 |
---|
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 |
---|
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 |
---|
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. |
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| 205 | + | 189 (d) "Qualified utility" means the same as that term is defined in Section 54-17-801. |
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| 206 | + | 190 (e) "Reliable" means supporting a system generally able to provide a continuous supply |
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| 207 | + | 191of electricity at the proper voltage and frequency and the resiliency to withstand sudden or |
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| 208 | + | 192unexpected disturbances. |
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| 209 | + | 193 (f) "Secure" means protected against disruption, tampering, and external interference. |
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| 210 | + | 194 (2) The Legislature finds that: |
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| 211 | + | 195 (a) affordable, reliable, dispatchable, and secure energy resources are important to the |
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| 212 | + | 196health, safety, and welfare of the state's citizens; |
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| 213 | + | 197 (b) the state has invested substantial resources in the development of affordable, |
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| 214 | + | 198reliable, dispatchable, and secure energy resources within the state; |
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| 215 | + | 199 (c) the early retirement of an electrical generation facility that provides affordable, |
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| 216 | + | 200reliable, dispatchable, and secure energy is a threat to the health, safety, and welfare of the |
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| 217 | + | 201state's citizens; |
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| 218 | + | 202 (d) the state's police powers, reserved to the state by the United States Constitution, |
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| 219 | + | 203provide the state with sovereign authority to make and enforce laws for the protection of the |
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| 220 | + | 204health, safety, and welfare of the state's citizens; |
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| 221 | + | 205 (e) the state has a duty to defend the production and supply of affordable, reliable, |
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| 222 | + | 206dispatchable, and secure energy from external regulatory interference; and |
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| 223 | + | 207 (f) the state's sovereign authority with respect to the retirement of an electrical |
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| 224 | + | 208generation facility for the protection of the health, safety, and welfare of the state's citizens is |
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| 225 | + | 209primary and takes precedence over any attempt from an external regulatory body to mandate, |
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| 226 | + | 210restrict, or influence the early retirement of an electrical generation facility in the state. |
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| 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 |
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230 | | - | 190 (3) A person may not file suit to challenge a state agency's action that is inconsistent |
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231 | | - | 191with Subsection (1). |
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232 | | - | 192 Section 4. Section 79-6-303 is enacted to read: |
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233 | | - | 193 79-6-303. Legislative findings -- Forced retirement of electrical generation |
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234 | | - | 194facilities. |
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235 | | - | 195 (1) As used in this section: |
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236 | | - | 196 (a) "Dispatchable" means available for use on demand and generally available to be |
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237 | | - | 197delivered at a time and quantity of the operator's choosing. |
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238 | | - | 198 (b) "Electrical generation facility" means a facility that generates electricity for |
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239 | | - | 199provision to customers. |
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240 | | - | 200 (c) "Forced retirement" means the closure of an electrical generation facility as a result |
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241 | | - | 201of a federal regulation that either directly mandates the closure of an electrical generation |
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242 | | - | 202facility or where the costs of compliance are so high as to effectively force the closure of an |
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243 | | - | 203electrical generation facility. |
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244 | | - | 204 (d) "Qualified utility" means the same as that term is defined in Section 54-17-801. |
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245 | | - | 205 (e) "Reliable" means supporting a system generally able to provide a continuous supply |
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246 | | - | 206of electricity at the proper voltage and frequency and the resiliency to withstand sudden or |
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247 | | - | 207unexpected disturbances. |
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248 | | - | 208 (f) "Secure" means protected against disruption, tampering, and external interference. |
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249 | | - | 209 (2) The Legislature finds that: |
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250 | | - | 210 (a) affordable, reliable, dispatchable, and secure energy resources are important to the |
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251 | | - | 211health, safety, and welfare of the state's citizens; |
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252 | | - | 212 (b) the state has invested substantial resources in the development of affordable, |
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253 | | - | 213reliable, dispatchable, and secure energy resources within the state; |
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254 | | - | 214 (c) the early retirement of an electrical generation facility that provides affordable, |
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255 | | - | 215reliable, dispatchable, and secure energy is a threat to the health, safety, and welfare of the |
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256 | | - | 216state's citizens; Enrolled Copy H.B. 425 |
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257 | | - | - 9 - |
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258 | | - | 217 (d) the state's police powers, reserved to the state by the United States Constitution, |
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259 | | - | 218provide the state with sovereign authority to make and enforce laws for the protection of the |
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260 | | - | 219health, safety, and welfare of the state's citizens; |
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261 | | - | 220 (e) the state has a duty to defend the production and supply of affordable, reliable, |
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262 | | - | 221dispatchable, and secure energy from external regulatory interference; and |
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263 | | - | 222 (f) the state's sovereign authority with respect to the retirement of an electrical |
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264 | | - | 223generation facility for the protection of the health, safety, and welfare of the state's citizens is |
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265 | | - | 224primary and takes precedence over any attempt from an external regulatory body to mandate, |
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266 | | - | 225restrict, or influence the early retirement of an electrical generation facility in the state. |
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267 | | - | 226 (3) A qualified utility that receives notice of any federal regulation that may result in |
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268 | | - | 227the forced retirement of the qualified utility's electrical generation facility shall inform the |
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269 | | - | 228Office of the Attorney General of the regulation within 30 days after the receipt of notice. |
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270 | | - | 229 (4) After being informed as described in Subsection (3), the Office of the Attorney |
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271 | | - | 230General may take any action necessary to defend the interest of the state with respect to |
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272 | | - | 231electricity generation by the qualified utility, including filing an action in court or participating |
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273 | | - | 232in administrative proceedings. |
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| 229 | + | 212the forced retirement of the qualified utility's electrical generation facility shall inform the |
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| 230 | + | 213Office of the Attorney General of the regulation within 30 days after the receipt of notice. |
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| 231 | + | 214 (4) After being informed as described in Subsection (3), the Office of the Attorney |
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| 232 | + | 215General may take any action necessary to defend the interest of the state with respect to |
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| 233 | + | 216electricity generation by the qualified utility, including filing an action in court or participating |
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| 234 | + | 217in administrative proceedings. |
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| 235 | + | 218 Section 5. Effective date. |
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| 236 | + | 219 If approved by two-thirds of all the members elected to each house, this bill takes effect |
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| 237 | + | 220upon approval by the governor, or the day following the constitutional time limit of Utah |
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| 238 | + | 221Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto, |
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| 239 | + | 222the date of veto override. |
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