Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 288 (2023GS)

Sponsor

Sen. Ipson, D.

Final action

Senate/ received enrolled bill from Printing 3/13/2023

Outcome

Senate/ received enrolled bill from Printing

Summary

What it does

• This bill:
• creates the program which is to be administered by the Division of Public Utilities (division);
• authorizes the division to disburse money allocated to the program to large-scale electricity and natural gas utility companies to provide bill credits for customers who meet income requirements;
• requires a large-scale utility company to obtain approval from the Public Service Commission to participate in the program and to report to the Public Service Commission on the program's use; and
• requires the division to report to the Public Utilities, Energy, and Technology Interim Committee on the status of the program.

Every vote on this bill

Bill text

UTILITY BILL ASSISTANCE PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: 
Robert M. Spendlove
LONG TITLE
General Description:
This bill creates the Utility Bill Assistance Program (program).
Highlighted Provisions:
This bill:
▸ creates the program which is to be administered by the Division of Public Utilities
(division);
▸ authorizes the division to disburse money allocated to the program to large-scale
electricity and natural gas utility companies to provide bill credits for customers
who meet income requirements;
▸ requires a large-scale utility company to obtain approval from the Public Service
Commission to participate in the program and to report to the Public Service
Commission on the program's use; and
▸ requires the division to report to the Public Utilities, Energy, and Technology
Interim Committee on the status of the program.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to Public Utility Restricted Account as a one-time appropriation:
• from Nonlapsing Balances -- Department of Commerce -- Commerce General
Regulation, One-time, $4,700,000;
▸ to Public Utility Restricted Account as a one-time appropriation:
• from Nonlapsing Balances -- Department of Commerce -- Public Utilities
Professional and Technical Services, One-time, $2,400,000;
▸ to Public Utility Restricted Account as a one-time appropriation:
• from Nonlapsing Balances -- Department of Commerce -- Office of Consumer
Services Professional and Technical Services, One-time, $4,200,000;
▸ to Public Utility Restricted Account as a one-time appropriation:
• from Nonlapsing Balances -- Public Service Commission, One-time, $867,000;
and
▸ to Department of Commerce -- Utility Bill Assistance Program:
• from General Fund Restricted -- Public Utility Restricted Account, One-time,
$12,167,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
54-5-1.5
, as last amended by Laws of Utah 2018, Chapter 469
ENACTS:
54-4-42
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
54-4-42
 is enacted to read:
 54-4-42.
Utility Bill Assistance Program.
(1) As used in this section:
(a) "Division" means the Division of Public Utilities established in Section 
54-4a-1
.
(b) "Eligible customer" means the same as that term is defined in Section 
54-7-13.6
.
(c) "Existing credit" refers to bill payment assistance provided under Section
54-7-13.6
.
(d) "Large-scale utility" means a large-scale electric utility or a large-scale natural gas
utility.
(e) "Program" means the Utility Bill Assistance Program created in this section.
(2) (a) There is created in the Department of Commerce the Utility Bill Assistance
Program that shall be administered by the division.
(b) The purpose of the program is to provide credits to eligible customers to use against
utility service balances.
(3) A large-scale utility may request approval for a tariff that authorizes the large-scale
utility to provide credits to eligible customers from funds available to the program.
(4) The commission shall approve a large-scale utility's tariff request described in
Subsection (3) if:
(a) the commission finds the tariff to be in the public interest; and
(b) the tariff does not result in increased costs to the large-scale utility's customers.
(5) The division shall allocate available funds in accordance with a
commission-approved tariff of a large-scale utility.
(6) A large-scale utility that receives an allocation under Subsection (5) shall provide
credits from funds received under this program to eligible customers to use against utility
service balances.
(7) (a) A credit provided under the program shall be in addition to any existing credit
the eligible customer receives.
(b) If a large-scale utility provides an existing credit on a monthly basis, the large-scale
utility shall only provide a credit under this section if the eligible customer has a utility service
balance after application of an existing credit.
(8) A large-scale utility with an approved tariff under Subsection (4) shall report to the
commission semi-annually concerning:
(a) amounts expended since the program's inception or the previous report;
(b) amounts remaining to fund credits; and
(c) verification of customer eligibility.
(9) The division shall report to the Public Utilities, Energy, and Technology Interim
Committee concerning the status of the program before November 30 of each year for which
credits are provided.
(10) The commission and the division may review records in the possession of a
large-scale utility concerning the credits provided in accordance with this section.
(11) The division may administer the program as long as funds appropriated for the
program remain.
Section 2. Section 
54-5-1.5
 is amended to read:
54-5-1.5.
Special regulation fee -- Supplemental Levy Committee -- Supplemental
fee -- Fee for electrical cooperatives.
(1) (a) A special fee to defray the cost of regulation is imposed upon all public utilities
subject to the jurisdiction of the Public Service Commission.
(b) The special fee is in addition to any charge now assessed, levied, or required by
law.
(2) (a) The executive director of the Department of Commerce shall determine the
special fee for the Department of Commerce.
(b) The chair of the Public Service Commission shall determine the special fee for the
Public Service Commission.
(c) The fee shall be assessed as a uniform percentage of the gross operating revenue for
the preceding calendar year derived from each public utility's business and operations during
that period within this state, excluding income derived from interstate business. Gross
operating revenue shall not include income to a wholesale electric cooperative derived from the
sale of power to a rural electric cooperative which resells that power within the state.
(3) (a) The executive director of the Department of Commerce shall notify each public
utility subject to the provisions of this chapter of the amount of the fee.
(b) The fee is due and payable on or before July 1 of each year.
(4) (a) There is created a restricted account within the General Fund known as the
Public Utility Regulatory Restricted Account.
(b) Notwithstanding Subsection 
13-1-2
(3)(c), the Department of Commerce shall
deposit a fee assessed under this section into the Public Utility Regulatory Restricted Account.
(c) Within appropriations by the Legislature:
(i) the Department of Commerce may use the funds in the Public Utility Regulatory
Restricted Account to administer:
(A) the Division of Public Utilities; and
(B) the Office of Consumer Services; [
and
]
(ii) the Public Service Commission may use the funds in the Public Utility Regulatory
Restricted Account to administer the Public Service Commission[
.
]
; and
(iii) the Division of Public Utilities may use the funds in the Public Utility Regulatory
Restricted Account to administer the Utility Bill Assistance Program created under Section
54-4-42
.
(d) At the end of each fiscal year, the director of the Division of Finance shall transfer
into the General Fund any balance in the Public Utility Regulatory Restricted Account in
excess of $3,000,000.
(5) (a) The Legislature intends that the public utilities provide all of the funds for the
administration, support, and maintenance of:
(i) the Public Service Commission;
(ii) state agencies within the Department of Commerce involved in the regulation of
public utilities; and
(iii) expenditures by the attorney general for utility regulation.
(b) Notwithstanding Subsection (5)(a), the fee imposed by Subsection (1) shall not
exceed the greater of:
(i) (A) for a public utility other than an electrical cooperative, .3% of the public utility's
gross operating revenues for the preceding calendar year; or
(B) for an electrical cooperative, .15% of the electrical cooperative's gross operating
revenues for the preceding calendar year; or
(ii) $50.
(6) (a) There is created a Supplemental Levy Committee to levy additional assessments
on public utilities when unanticipated costs of regulation occur in any fiscal year.
(b) The Supplemental Levy Committee shall consist of:
(i) one member selected by the executive director of the Department of Commerce;
(ii) one member selected by the chairman of the Public Service Commission;
(iii) two members selected by the three public utilities that paid the largest percent of
the current regulatory fee; and
(iv) one member selected by the four appointed members.
(c) (i) The members of the Supplemental Levy Committee shall be selected within 10
working days after the executive director of the Department of Commerce gives written notice
to the Public Service Commission and the public utilities that a supplemental levy committee is
needed.
(ii) If the members of the Supplemental Levy Committee have not been appointed
within the time prescribed, the governor shall appoint the members of the Supplemental Levy
Committee.
(d) (i) During any state fiscal year, the Supplemental Levy Committee, by a majority
vote and subject to audit by the state auditor, may impose a supplemental fee on the regulated
utilities for the purpose of defraying any increased cost of regulation.
(ii) The supplemental fee imposed upon the utilities shall equal a percentage of their
gross operating revenue for the preceding calendar year.
(iii) The aggregate of all fees, including any supplemental fees assessed, shall not
exceed .3% of the gross operating revenue of the utilities assessed for the preceding calendar
year.
(iv) Payment of the supplemental fee is due within 30 days after receipt of the
assessment.
(v) The utility may, within 10 days after receipt of assessment, request a hearing before
the Public Service Commission if it questions the need for, or the reasonableness of, the
supplemental fee.
(e) (i) Any supplemental fee collected to defray the cost of regulation shall be
transferred to the state treasurer as a departmental collection.
(ii) Supplemental fees are excess collections, credited according to the procedures of
Section 
63J-1-105
.
(iii) Charges billed to the Department of Commerce by any other state department,
institution, or agency for services rendered in connection with regulation of a utility shall be
credited by the state treasurer from the special or supplemental fees collected to the
appropriations account of the entity providing that service according to the procedures provided
in Title 63J, Chapter 1, Budgetary Procedures Act.
(7) (a) For purposes of this section, "electrical cooperative" means:
(i) a distribution electrical cooperative; or
(ii) a wholesale electrical cooperative.
(b) Subject to Subsection (7)(c), if the regulation of one or more electrical cooperatives
causes unanticipated costs of regulation in a fiscal year, the commission may impose a
supplemental fee on the one or more electrical cooperatives in this state responsible for the
increased cost of regulation.
(c) The aggregate of all fees imposed under this section on an electrical cooperative in
a calendar year shall not exceed the greater of:
(i) .3% of the electrical cooperative's gross operating revenues for the preceding
calendar year; or
(ii) $50.
Section 3. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022. These are additions to amounts previously appropriated for fiscal year 2023.
Subsection (3)(a). 
Operating and Capital Budgets.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 1
To Department of Commerce -- Utility Bill Assistance Program
From General Fund Restricted -- Public Utility Restricted Acct., One-time
12,167,000
Schedule of Programs:
Utility Bill Assistance Program 12,167,000
Subsection (3)(b). 
Restricted Fund and Account Transfers.
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds to which the money is transferred must be authorized by an appropriation.
ITEM 2
To General Fund Restricted -- Public Utility Restricted Account
From Nonlapsing Balances -- Department of Commerce -- Commerce General
Regulation
4,700,000
From Nonlapsing Balances -- Department of Commerce -- Public Utilities
Professional and Technical Services
2,400,000
From Nonlapsing Balances -- Department of Commerce -- Office of
Consumer Services Professional and Technical Services
4,200,000
From Nonlapsing Balances -- Public Service Commission
867,000
Schedule of Programs:
General Fund Restricted -- Public Utility Restricted
Account, One-time 12,167,000
Section 4. 
Effective date.
If approved by two-thirds of all the 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.