Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 280 (2015GS)

Sponsor

Sen. Hinkins, D.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies and clarifies the duties of the governor's energy advisor; and
• allows the governor's energy advisor to serve as the director of the Office of Energy Development.

Every vote on this bill

Bill text

UTAH ENERGY ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David P. Hinkins
House Sponsor: 
Scott H. Chew
LONG TITLE
General Description:
This bill modifies provisions related to the governor's energy advisor.
Highlighted Provisions:
This bill:
▸ modifies and clarifies the duties of the governor's energy advisor; and
▸ allows the governor's energy advisor to serve as the director of the Office of Energy
Development.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-4-203
, as last amended by Laws of Utah 2012, Chapter 37
63M-4-301
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-4-401
, as last amended by Laws of Utah 2012, Chapters 37 and 410
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63M-4-203
 is amended to read:
63M-4-203.
Reports.
(1) The governor's energy advisor shall report annually to:
(a) the governor; and
(b) the Natural Resources, Agriculture, and Environment Interim Committee.
(2) The report required in Subsection (1) shall:
(a) summarize the status and development of the state's energy resources;
(b) summarize the activities and accomplishments of the Office of Energy
Development;
[
(b)
] 
(c)
 address the governor's energy advisor's activities under this part; and
[
(c)
] 
(d)
 recommend any energy-related executive or legislative action the governor's
energy advisor considers beneficial to the state, including updates to the state energy policy
under Section 
63M-4-301
.
Section 2. Section 
63M-4-301
 is amended to read:
63M-4-301.
State energy policy.
(1) It is the policy of the state that:
(a) Utah 
shall
 have adequate, reliable, affordable, sustainable, and clean energy
resources;
(b) Utah will promote the development of:
(i) nonrenewable energy resources, including natural gas, coal, oil, oil shale, and [
tar
]
oil
 sands; and
(ii) renewable energy resources, including geothermal, solar, wind, biomass,
[
biodiesel,
] 
biofuel, and
 hydroelectric[
, and ethanol
];
[
(c) Utah will promote the study of nuclear power generation;
]
(iii) nuclear power generation technologies certified for use by the United States
Nuclear Regulatory Commission;
(iv) alternative transportation fuels and technologies; and
(v) infrastructure to facilitate energy development and diversified modes of
transportation;
[
(d)
] 
(c)
 Utah will promote the development of resources and infrastructure sufficient
to meet the state's growing demand, while contributing to the regional and national energy
supply, thus reducing dependence on international energy sources;
[
(e)
] 
(d)
 Utah will allow market forces to drive prudent use of energy resources,
although incentives and other methods may be used to ensure the state's optimal development
and use of energy resources in the short- and long-term;
[
(f)
] 
(e)
 Utah will pursue energy conservation, energy efficiency, and environmental
quality;
[
(g)
] 
(f)
 (i) state regulatory processes should be streamlined to balance economic costs
with the level of review necessary to ensure protection of the state's various interests; and
(ii) where federal action is required, Utah will encourage expedited federal action and
will collaborate with federal agencies to expedite review;
[
(h)
] 
(g)
 Utah will maintain an environment that provides for stable consumer prices
that are as low as possible while providing producers and suppliers a fair return on investment,
recognizing that:
(i) economic prosperity is linked to the availability, reliability, and affordability of
consumer energy supplies; and
(ii) investment will occur only when adequate financial returns can be realized; and
[
(i)
] 
(h)
 Utah will promote training and education programs focused on developing a
comprehensive understanding of energy, including programs addressing:
(i) energy conservation;
(ii) energy efficiency;
(iii) supply and demand; and
(iv) energy related workforce development.
(2) State agencies are encouraged to conduct agency activities consistent with
Subsection (1).
(3) A person may not file suit to challenge a state agency's action that is inconsistent
with Subsection (1).
Section 3. Section 
63M-4-401
 is amended to read:
63M-4-401.
Creation of Office of Energy Development -- Director -- Purpose --
Rulemaking regarding confidential information.
(1) There is created an Office of Energy Development.
(2) (a) The governor's energy advisor shall 
serve as the director of the office or
appoint a director of the office.
(b) The director [
shall
]
:
(i) shall, if the governor's energy advisor appoints a director under Subsection (2)(a),
report to the governor's energy advisor
;
 and
(ii)
 may appoint staff as funding within existing budgets allows.
(c) The office may consolidate energy staff and functions existing in the state energy
program.
(3) The purposes of the office are to:
(a) serve as the primary resource for advancing energy 
and mineral
 development in the
state; [
and
]
(b) implement:
(i) the state energy policy under Section 
63M-4-301
; and
(ii) the governor's energy 
and mineral development
 goals and objectives[
.
]
;
(c) advance energy education, outreach, and research, including the creation of
elementary, higher education, and technical college energy education programs;
(d) promote energy and mineral development workforce initiatives; and
(e) support collaborative research initiatives targeted at Utah-specific energy and
mineral development.
(4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
Funds Procedures Act, the office may:
(a) seek federal grants or loans;
(b) seek to participate in federal programs; and
(c) in accordance with applicable federal program guidelines, administer federally
funded state energy programs.
(5) The office shall perform the duties required by Sections 
59-7-614.7
 and 
59-10-1029
and Part 5, Alternative Energy Development Tax Credit Act.
(6) (a) For purposes of administering this section, the office may make rules, by
following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to maintain as confidential, and not as a public record, information that the
office receives from any source.
(b) The office shall maintain information the office receives from any source at the
level of confidentiality assigned by the source.