§ 54-17-903 — Program requirement for a municipality or county.

(1) (1)(a) As used in this section, "renewable energy resource" means the same as the term "clean energy resource" is defined in Section 54-17-902.
(1)(b) Customers of a qualified utility may be served by the community clean energy program described in this part if the municipality or county satisfies the requirements of Subsection (2).
(2) The municipality or county in which the customer resides shall:
(2)(a) enter into an agreement with a qualified utility:
(2)(a)(i) with the stipulation of payment by the municipality or county to the qualified utility for the costs of:
(2)(a)(i)(A) third-party expertise contracted for by the division and the office, for assistance with activities associated with initial approval of the community clean energy program; and
(2)(a)(i)(B) providing notice to the municipality's or county's customers as provided in Section 54-17-905;
(2)(a)(ii) determining the obligation for the payment of any termination charges under Subsection 54-17-905(3) that are not paid by a participating customer and not included in participating customer rates under Subsections 54-17-904(2) and (4); and
(2)(a)(iii) identifying any initially proposed replaced asset;
(2)(b) adopt a local ordinance that:
(2)(b)(i) establishes participation in the clean energy program; and
(2)(b)(ii) is consistent with the terms of the agreement entered into with the qualified utility under Subsection (2)(a); and
(2)(c) comply with any other terms or conditions required by the commission.
(3) The local ordinance required in Subsection (2)(b) shall be adopted by the municipality or county within 90 days after the date of the commission order approving the community clean energy program.

Legislative History

Amended by Chapter 53, 2024 General Session; Amended by Chapter 211, 2024 General Session