Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 215 Second Substitute (2022GS)

Sponsor

Rep. Albrecht, C.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates the Project Entity Oversight Committee;
• requires a project entity to submit to the Project Entity Oversight Committee certain financial and operating information;
• requires the committee to receive information from:
• community stakeholders; and
• a project entity;
• establishes a reporting requirement for the committee; and
• requires the Office of Energy Development to perform duties related to the administration and support of the committee.

Every vote on this bill

Bill text

PROJECT ENTITY OVERSIGHT COMMITTEE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill creates the Project Entity Oversight Committee.
Highlighted Provisions:
This bill:
▸ creates the Project Entity Oversight Committee;
▸ requires a project entity to submit to the Project Entity Oversight Committee certain
financial and operating information;
▸ requires the committee to receive information from:
• community stakeholders; and
• a project entity;
▸ establishes a reporting requirement for the committee; and
▸ requires the Office of Energy Development to perform duties related to the
administration and support of the committee.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
79-6-401
, as renumbered and amended by Laws of Utah 2021, Chapter 280
ENACTS:
11-13-317
, Utah Code Annotated 1953
63C-25-101
, Utah Code Annotated 1953
63C-25-201
, Utah Code Annotated 1953
63C-25-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-13-317
 is enacted to read:
 11-13-317.
Submitting to the Project Entity Oversight Committee.
Within a reasonable time of the information being available, a project entity shall
submit to the Project Entity Oversight Committee, created in Section 
63C-25-201
, publicly
available financial and operating information relating to the project entity, including:
(1) a copy of the project entity's audited financial statements for each fiscal year;
(2) a list of the project entity's financing sources, including:
(a) outstanding bond issuances; and
(b) future planned bond issuances; and
(3) a statement describing the project entity's net charges to its power purchasers for
each fiscal year, including:
(a) a description of how those charges vary from the project entity's previous fiscal year
charges; and
(b) a statement describing the project entity's annual power sales of the previous fiscal
year broken down by entity, including the amount of power sold.
Section 2. Section 
63C-25-101
 is enacted to read:
CHAPTER 25. PROJECT ENTITY OVERSIGHT COMMITTEE
Part 1. General Provisions
 63C-25-101.
Definitions.
As used in this part:
(1) "Board" means the governing board of the project entity.
(2) "Committee" means the Project Entity Oversight Committee created in Section
63C-25-201
.
(3) "Project entity" means the same as that term is defined in Section 
11-13-103
.
Section 3. Section 
63C-25-201
 is enacted to read:
Part 2. Project Entity Oversight Committee
 63C-25-201.
Project Entity Oversight Committee created.
(1) There is created the Project Entity Oversight Committee.
(2) The committee shall be composed of the following 9 members:
(a) the speaker of the House of Representatives shall appoint one member who is a
member of the House of Representatives;
(b) the president of the Senate shall appoint one member who is a member of the
Senate;
(c) the governor shall appoint one member;
(d) the Millard County Commission shall appoint one member to represent the Millard
County Commission;
(e) the board shall appoint one member to represent the board;
(f) the Millard County School District shall appoint one member to represent the
Millard County School District;
(g) the School and Institutional Trust Lands Board of Trustees shall nominate one
member to represent the School and Institutional Trust Lands;
(h) the Utah League of Cities and Towns shall nominate one member to represent the
Utah League of Cities and Towns; and
(i) the Millard County Department of Economic Development shall nominate one
member to represent commerce in the Delta area.
(3) (a) Except as provided in Subsections (3)(b) and (3)(c), a member is appointed for a
term of four years.
(b) The initial appointments of the members described in Subsections (2)(f) through (i)
shall be for two-year terms.
(c) When the term of a current member expires, a member shall be reappointed or a
new member shall be appointed in accordance with Subsection (2).
(4) A member may serve multiple terms.
(5) (a) When a vacancy occurs in the membership for any reason, a replacement shall
be appointed in accordance with Subsection (2) for the unexpired term.
(b) A member whose term has expired may continue to serve until a replacement is
appointed.
(6) The committee shall select a chair from among the committee's members.
(7) (a) A majority of the members of the committee is a quorum.
(b) The action of a majority of a quorum constitutes an action of the committee.
(8) (a) The committee shall meet no fewer than six times per year to accomplish the
duties described in Section 
63C-25-202
.
(b) A majority of the committee may vote to meet less frequently than the number of
times described in Subsection (8)(a).
Section 4. Section 
63C-25-202
 is enacted to read:
 63C-25-202.
Committee duties -- Office of Energy Development duties.
(1) The committee shall:
(a) review the information that a project entity submits in accordance with Section
11-13-317
;
(b) make available to the public the information that a project entity submits in
accordance with Section 
11-13-317
;
(c) receive input from the local community and stakeholders with respect to concerns
about a project entity and the project entity's planned projects;
(d) communicate concerns the committee receives to the project entity;
(e) compile a report describing the information, input, and communications described
in Subsections (1)(a) through (d); and
(f) submit the report described in Subsection (1)(e) annually to the Public Utilities,
Energy, and Technology Interim Committee on or before October 30.
(2) The Office of Energy Development, created in Section 
79-6-401
, shall:
(a) provide staff and support to the committee;
(b) ensure the committee is fulfilling the duties described in Subsection (1)(a); and
(c) ensure the committee is functioning as a sufficient liaison for the state, the
Legislature, the local community, and the project entity.
Section 5. Section 
79-6-401
 is amended to read:
79-6-401.
Office of Energy Development -- Creation -- Director -- Purpose --
Rulemaking regarding confidential information -- Fees -- Transition for employees.
(1) There is created an Office of Energy Development in the Department of Natural
Resources.
(2) (a) The energy advisor shall serve as the director of the office or, on or before June
30, 2029, appoint a director of the office.
(b) The director:
(i) shall, if the energy advisor appoints a director under Subsection (2)(a), report to the
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;
(b) implement:
(i) the state energy policy under Section 
79-6-301
; 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 
11-42a-106
, 
59-5-102
,
59-7-614.7
, 
59-10-1029
, 
63C-25-202
,
 Part 5, Alternative Energy Development Tax Credit Act,
and Part 6, High Cost Infrastructure Development Tax Credit Act.
(6) (a) For purposes of administering this section, the office may make rules, by
following 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.
(7) The office may charge application, filing, and processing fees in amounts
determined by the office in accordance with Section 
63J-1-504
 as dedicated credits for
performing office duties described in this part.
(8) (a) An employee of the office is an at-will employee.
(b) For an employee of the office on July 1, 2021, the employee shall have the same
salary and benefit options the employee had when the office was part of the office of the
governor.