Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 102 Fifth Substitute (2016GS)

Sponsor

Sen. Okerlund, R.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the composition of the Utah Energy Infrastructure Authority Board; and
• authorizes the Office of Energy Development to make rules to implement the high cost infrastructure tax credit program and to establish criteria for an infrastructure cost-burdened entity to qualify for a tax credit.

Every vote on this bill

Bill text

HIGH COST INFRASTRUCTURE TAX CREDIT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ralph Okerlund
House Sponsor: 
Francis D. Gibson
LONG TITLE
General Description:
This bill modifies provisions related to tax credits for infrastructure development.
Highlighted Provisions:
This bill:
▸ modifies the composition of the Utah Energy Infrastructure Authority Board; and
▸ authorizes the Office of Energy Development to make rules to implement the high
cost infrastructure tax credit program and to establish criteria for an infrastructure
cost-burdened entity to qualify for a tax credit.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63H-2-202
, as last amended by Laws of Utah 2012, Chapter 37
ENACTS:
63M-4-606
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63H-2-202
 is amended to read:
63H-2-202.
Authority board.
(1) There is created the Utah Energy Infrastructure Authority Board that consists of
nine members, appointed by the governor as follows:
(a) the energy advisor[
,
] 
or the executive director of the Office of Energy
Development,
 who shall serve as chair of the board;
(b) one member from the Governor's Office of Economic Development;
(c) [
three members
] 
one member
 from a public utility or electric interlocal entity that
operates electric transmission facilities within the state [
as follows:
]
;
[
(i) one member selected by the governor from recommendations from an
investor-owned electric corporation that operates in this state;
]
[
(ii) one member selected by the governor from recommendations from a wholesale
electrical cooperative, as defined in Section 
54-2-1
, in the state; and
]
[
(iii) one member selected by the governor from recommendations from an electric
interlocal entity;
]
(d) two members representing the economic development interests of rural
communities as follows:
(i) one member currently serving as county commissioner of a county of the third,
fourth, fifth, or sixth class, as described in Section 
17-50-501
; and
(ii) one member of a rural community with work experience in the energy industry;
(e) two members of the general public with relevant industry or community experience;
[
(d)
] 
(f)
 the director of the School and Institutional Trust Lands Administration created
in Section 
53C-1-201
; 
and
[
(e) two representatives of business entities that produce energy; and
]
[
(f)
] 
(g)
 one member of the general public who has experience with public finance and
bonding.
(2) (a) The term of a board member is four years.
(b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of board members are
staggered so that approximately half of the board is appointed every two years.
(c) The governor may remove a member of the board for cause.
(d) The governor shall fill a vacancy in the board in the same manner under this section
as the appointment of the member whose vacancy is being filled.
(e) An individual appointed to fill a vacancy shall serve the remaining unexpired term
of the member whose vacancy the individual is filling.
(f) A board member shall serve until a successor is appointed and qualified.
(3) (a) Five members of the board constitute a quorum for conducting board business.
(b) A majority vote of the quorum present is required for an action to be taken by the
board.
(4) (a) [
The board shall meet at least quarterly on a date the board sets. (b) The chair of
the board or any two members of the board may call additional meetings.
] 
Except as provided
in Subsections (4)(b) and (4)(c), the board shall meet once each month, on a day determined by
the board, to review an application referred to the board by the Office of Energy Development
under Title 63M, Chapter 4, Part 6, High Cost Infrastructure Development Tax Credit Act.
(b) Subject to Subsection (4)(c), the board may cancel the board's meeting for a given
month if there are no applications described in Subsection (4)(a) pending board approval.
(c) The board shall meet no less frequently than once each quarter, on a day determined
by the board.
(5) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 2. Section 
63M-4-606
 is enacted to read:
 63M-4-606.
Administrative rules.
The office may establish, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, requirements and procedures for the implementation of this
part.
Section 3. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
(2) The actions affecting the following sections take effect for a taxable year beginning
on or after January 1, 2017:
(a) Section 
59-7-619
; and
(b) Section 
59-10-1034
.