Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 13 (2016GS)

Sponsor

Sen. Jenkins, S.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the state building board to make rules establishing a method of monitoring actual savings resulting from energy efficiency measures implemented using loan money from the State Facility Energy Efficiency Fund;
• requires the Division of Facilities Construction and Management to report annually to the Government Operations Interim Committee on those actual savings; and
• extends the repeal date of the State Facility Energy Efficiency Fund.

Every vote on this bill

Bill text

STATE FACILITY ENERGY EFFICIENCY FUND
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott K. Jenkins
House Sponsor: 
Jack R. Draxler
LONG TITLE
General Description:
This bill modifies provisions relating to the State Facility Energy Efficiency Fund.
Highlighted Provisions:
This bill:
▸ requires the state building board to make rules establishing a method of monitoring
actual savings resulting from energy efficiency measures implemented using loan
money from the State Facility Energy Efficiency Fund;
▸ requires the Division of Facilities Construction and Management to report annually
to the Government Operations Interim Committee on those actual savings; and
▸ extends the repeal date of the State Facility Energy Efficiency Fund.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-5-603
, as enacted by Laws of Utah 2008, Chapter 334
63I-1-263
, as last amended by Laws of Utah 2015, Chapters 182, 226, 278, 283, 409,
and 424
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-5-603
 is amended to read:
63A-5-603.
State Facility Energy Efficiency Fund -- Contents -- Use of fund
money.
(1) As used in this section:
(a) "Board" means the State Building Board.
(b) "Division" means the Division of Facilities Construction and Management.
(c) "Fund" means the State Facility Energy Efficiency Fund created by this section.
(2) There is created a revolving loan fund known as the "State Facility Energy
Efficiency Fund."
(3) To capitalize the fund, the Division of Finance shall, at the end of fiscal year
2007-08, transfer $3,650,000 from the Stripper Well-Petroleum Violation Escrow Fund to the
fund.
(4) The fund shall consist of:
(a) money transferred under Subsection (3);
(b) money appropriated by the Legislature;
(c) money received for the repayment of loans made from the fund; and
(d) interest earned on the fund.
(5) The board shall make a loan from the fund to a state agency to, wholly or in part,
finance energy efficiency measures.
(6) (a) (i) A state agency requesting a loan shall submit an application to the board in
the form and containing the information that the board requires, including plans and
specifications for the proposed energy efficiency measures.
(ii) A state agency may request a loan to fund all or part of the cost of energy efficiency
measures.
(b) If the board rejects the application, the board shall notify the applicant stating the
reasons for the rejection.
(7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board shall make rules establishing
:
(i)
 criteria to determine:
[
(i)
] 
(A)
 loan eligibility;
[
(ii)
] 
(B)
 energy efficiency measures priority; and
[
(iii)
] 
(C)
 ways to measure energy savings that take into account fluctuations in energy
costs and temperature[
.
]
; and
(ii) a method of monitoring actual savings resulting from energy efficiency measures
implemented using loan money from the fund, using objective and verifiable post-construction
measures, if available.
(b) In making rules that establish prioritization criteria for energy efficiency measures,
the board may consider:
(i) possible additional sources of revenue;
(ii) the feasibility and practicality of the energy efficiency measures;
(iii) the energy savings attributable to eligible energy efficiency measures;
(iv) the annual energy savings;
(v) the projected energy cost payback of eligible energy efficiency measures;
(vi) other benefits to the state attributable to eligible energy efficiency measures;
(vii) the availability of federal funds for the energy efficiency measures; and
(viii) whether to require a state agency to provide matching funds for the energy
efficiency measures.
(8) (a) In reviewing energy efficiency measures for possible funding, the board shall:
(i) review the loan application and the plans and specifications for the energy
efficiency measures;
(ii) determine whether to grant the loan by applying the loan eligibility criteria; and
(iii) if the loan is granted, prioritize funding of the energy efficiency measures by
applying the prioritization criteria.
(b) The board may condition approval of a loan application and the availability of
funds on assurances from the state agency that the board considers necessary to ensure that the
state agency:
(i) uses the proceeds to pay the cost of the energy efficiency measures; and
(ii) implements the energy efficiency measures.
(9) The division shall annually report to the Government Operations Interim
Committee of the Legislature the actual savings resulting from energy efficiency measures
implemented using loan money from the fund, as monitored pursuant to rules adopted under
Subsection (7)(a)(ii).
[
(9)
] 
(10)
 The State Building Energy Efficiency Program shall provide staff support
when the board performs the duties established in this section.
Section 2. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63M.
(1) Section 
63A-4-204
, authorizing the Risk Management Fund to provide coverage to
any public school district which chooses to participate, is repealed July 1, 2016.
(2) Subsection 
63A-5-104
(4)(h) is repealed on July 1, 2024.
(3) Section 
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1,
[
] 
.
(4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2018.
(5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2020.
(6) Subsection 
63G-6a-1402
(7) authorizing certain transportation agencies to award a
contract for a design-build transportation project in certain circumstances, is repealed July 1,
2015.
(7) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2020.
(8) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2016.
(9) On July 1, 2025:
(a) in Subsection 
17-27a-404
(3)(c)(ii), the language that states "the Resource
Development Coordinating Committee," is repealed;
(b) Subsection 
23-14-21
(2)(c) is amended to read "(c) provide notification of proposed
sites for the transplant of species to local government officials having jurisdiction over areas
that may be affected by a transplant.";
(c) in Subsection 
23-14-21
(3), the language that states "and the Resource Development
Coordinating Committee" is repealed;
(d) in Subsection 
23-21-2.3
(1), the language that states "the Resource Development
Coordinating Committee created in Section 
63J-4-501
 and" is repealed;
(e) in Subsection 
23-21-2.3
(2), the language that states "the Resource Development
Coordinating Committee and" is repealed;
(f) Subsection 
63J-4-102
(1) is repealed and the remaining subsections are renumbered
accordingly;
(g) Subsections 
63J-4-401
(5)(a) and (c) are repealed;
(h) Subsection 
63J-4-401
(5)(b) is renumbered to Subsection 
63J-4-401
(5)(a) and the
word "and" is inserted immediately after the semicolon;
(i) Subsection 
63J-4-401
(5)(d) is renumbered to Subsection 
63J-4-401
(5)(b);
(j) Sections 
63J-4-501
, 
63J-4-502
, 
63J-4-503
, 
63J-4-504
, and 
63J-4-505
 are repealed;
and
(k) Subsection 
63J-4-603
(1)(e)(iv) is repealed and the remaining subsections are
renumbered accordingly.
(10) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2017.
(11) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2017.
(12) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
(13) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
repealed January 1, 2021.
(b) Subject to Subsection (13)(c), Sections 
59-7-610
 and 
59-10-1007
 regarding tax
credits for certain persons in recycling market development zones, are repealed for taxable
years beginning on or after January 1, 2021.
(c) A person may not claim a tax credit under Section 
59-7-610
 or 
59-10-1007
:
(i) for the purchase price of machinery or equipment described in Section 
59-7-610
 or
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
(ii) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), if
the expenditure is made on or after January 1, 2021.
(d) Notwithstanding Subsections (13)(b) and (c), a person may carry forward a tax
credit in accordance with Section 
59-7-610
 or 
59-10-1007
 if:
(i) the person is entitled to a tax credit under Section 
59-7-610
 or 
59-10-1007
; and
(ii) (A) for the purchase price of machinery or equipment described in Section
59-7-610
 or 
59-10-1007
, the machinery or equipment is purchased on or before December 31,
2020; or
(B) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), the
expenditure is made on or before December 31, 2020.
(14) Section 
63N-2-512
 is repealed on July 1, 2021.
(15) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection (15)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(16) Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed July
1, 2018.