Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 389 First Substitute (2023GS)

Sponsor

Rep. Jack, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• grants rulemaking authority to the Public Service Commission (commission);
• requires certain electric utility companies to prepare an electrical power delivery quality plan;
• grants rulemaking authority to the commission;
• creates a reporting requirement for the commission to report to the Public Utilities, Energy, and Technology Interim Committee;
• makes changes to the state energy policy; and
• makes technical changes.

Every vote on this bill

Bill text

ELECTRICAL POWER DELIVERY QUALITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill creates the Electrical Power Delivery Quality Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ grants rulemaking authority to the Public Service Commission (commission);
▸ requires certain electric utility companies to prepare an electrical power delivery
quality plan;
▸ grants rulemaking authority to the commission;
▸ creates a reporting requirement for the commission to report to the Public Utilities,
Energy, and Technology Interim Committee;
▸ makes changes to the state energy policy; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
79-6-301
, as last amended by Laws of Utah 2021, Chapter 383 and renumbered and
amended by Laws of Utah 2021, Chapter 280
ENACTS:
54-25-101
, Utah Code Annotated 1953
54-25-102
, Utah Code Annotated 1953
54-25-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
54-25-101
 is enacted to read:
CHAPTER 25. ELECTRICAL POWER DELIVERY QUALITY ACT
Part 1. General Provisions
 54-25-101.
Definitions.
As used in this chapter:
(1) "Electrical power delivery quality" means the suitability of power delivered to
customers as measured in comparison to accepted industry standards on voltage and power
quality.
(2) "Electrical power delivery quality plan" means a plan submitted to the commission
in accordance with the requirements of this chapter.
(3) "Interconnection request" means a request from a utility-scale energy generation
system to a qualified utility's transmission line.
(4) "Qualified utility" means the same as that term is defined in Section 
54-17-801
.
(5) "Utility-scale energy generation system" means an electric generation facility that
has a generating capacity of more than two megawatts and is intermittent, non-dispatchable, or
controlled by an inverter.
Section 2. Section 
54-25-102
 is enacted to read:
 54-25-102.
Commission rulemaking authority.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall make rules to implement this chapter, including:
(a) rules establishing the submission of an electrical power delivery quality plan;
(b) rules establishing procedures for the review of an electrical power delivery quality
plan;
(c) rules establishing the procedures for the review of the implementation of an
electrical power delivery quality plan; and
(d) any other rules that the commission determines are necessary to protect the public
interest and implement this chapter.
(2) In establishing the procedures and rules described in Subsection (1), the
commission shall consult with:
(a) qualified utilities;
(b) utility-scale electricity providers; and
(c) other state agencies.
Section 3. Section 
54-25-201
 is enacted to read:
Part 2. Electrical Power Delivery Quality Plan
 54-25-201.
Electrical power delivery quality plan for a qualified utility.
(1) A qualified utility shall:
(a) prepare an electrical power delivery quality plan in accordance with the
requirements of this chapter; and
(b) submit the electrical power delivery quality plan to the commission.
(2) An electrical power delivery quality plan under Subsection (1) shall include:
(a) a description of the procedures and standards that the qualified utility will use to
assess an interconnection request to:
(i) decrease the risk that the interconnected utility-scale generation facility will
adversely affect the electrical power delivery quality to other customers on the qualified utility
lines; and
(ii) address adverse effects to the electrical power service quality caused by
interconnected customer-owned generation systems that are discovered after the time of
interconnection;
(b) a description of the equipment that the qualified utility will use to perform the
assessment described in Subsection (2)(a); and
(c) a description of proposed modifications or upgrades to facilities and preventative
programs that the qualified utility will implement to address any electrical power delivery
quality issues that do not meet the qualified utility's interconnections policy or relevant national
standards.
(3) (a) The commission may only approve an electrical power delivery quality plan that
meets the requirements of Subsection (2).
(b) If the commission does not approve a proposed electrical power delivery quality
plan, the commission shall:
(i) notify the qualified utility that the proposed electrical power delivery quality plan
was not approved; and
(ii) provide specific recommendations to the qualified utility about changes needed for
approval of the proposed electrical power delivery quality plan.
(4) On or before October 31, 2023, and before October 31 of each year after 2023, the
commission shall report to the Public Utilities, Energy, and Technology Interim Committee
regarding a qualified utility's compliance with the qualified utility's electrical power delivery
quality plan.
Section 4. Section 
79-6-301
 is amended to read:
79-6-301.
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
] 
shall
 promote the development of:
(i) nonrenewable energy resources, including natural gas, coal, oil, oil shale, and oil
sands;
(ii) renewable energy resources, including geothermal, solar, wind, biomass, biofuel,
and hydroelectric;
(iii) nuclear power generation technologies certified for use by the United States
Nuclear Regulatory Commission including molten salt reactors producing medical isotopes;
(iv) alternative transportation fuels and technologies;
(v) infrastructure to facilitate energy development, diversified modes of transportation,
greater access to domestic and international markets for Utah's resources, and advanced
transmission systems;
(vi) energy storage, pumped storage, and other advanced energy systems, including
hydrogen from all sources;
(vii) electricity systems that can be controlled at the request of grid operators to meet
system load demands, to ensure an adequate supply of dispatchable energy generation
resources;
(viii) electricity systems that are stable and capable of serving load without accelerating
damage to customer equipment;
 and
[
(viii)
] 
(ix)
 increased refinery capacity;
(c) Utah [
will
] 
shall
 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;
(d) Utah [
will
] 
shall
 promote the development of resources, tools, and infrastructure to
enhance the state's ability to:
(i) respond effectively to significant disruptions to the state's energy generation, energy
delivery systems, or fuel supplies; and
(ii) maintain adequate supply, including reserves of proven and cost-effective
dispatchable electricity reserves to meet grid demand;
(e) Utah [
will
] 
shall
 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) Utah [
will
] 
shall
 pursue energy conservation, energy efficiency, and environmental
quality;
(g) (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) Utah [
will
] 
shall
 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) Utah [
will
] 
shall
 promote training and education programs focused on developing a
comprehensive understanding of energy, including:
(i) programs addressing:
(A) energy conservation;
(B) energy efficiency;
(C) supply and demand; and
(D) energy related workforce development; and
(ii) energy education programs in grades K-12.
(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).