United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-318

A project entity must give the Legislative Management Committee at least 180 days’ notice before disposing of project entity assets or decommissioning a coal-powered electrical generation facility.

Source excerpt

asset classificationasset definitionasset disposalasset dispositionelectricity generationelectricity infrastructureenergyenergy infrastructurefacility decommissioninggeneration facilitiesgeneration transitioninterconnectionproject entityutility equipment

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“A project entity must give the Legislative Management Committee at least 180 days’ notice before disposing of project entity assets or decommissioning a coal-powered electrical generation facility.”

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Notice of decommissioning or disposal of project entity assets.

A project entity must give the Legislative Management Committee at least 180 days’ notice before disposing of project entity assets or decommissioning a coal-powered electrical generation facility.

Section 11-13-318

Subsection 11-13-318(1)(g)(i)

This provision defines “project entity asset” as a project entity’s land, water, buildings, or essential equipment.

Section 11-13-318(1)(g)(i)

Subsection 11-13-318(2)

A project entity must give the Legislative Management Committee notice of decommissioning or disposal at least 180 days before disposing of project assets or decommissioning its coal-powered electrical generation facility.

Section 11-13-318(2)

Subsection 11-13-318(5)(a)

Section 11-13-318(5)(a)

Subsection 11-13-318(7)

A project entity must give the state an option to buy a decommissioning asset at fair market value.

Section 11-13-318(7)

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Showing 35 of 35 provisions

Provision 35

Part 11-13-3

part 11-13-3 Project Entity Provisions

§ 11-13-318Notice of decommissioning or disposal of project entity assets.Provision

Source excerpt

A project entity must give the Legislative Management Committee at least 180 days’ notice before disposing of project entity assets or decommissioning a coal-powered electrical generation facility.

Notice of decommissioning or disposal of project entity assets. As used in this section: "Critical switchyard equipment" means equipment located in a switchyard that is necessary for the delivery of electricity to the transmission or distribution system, including transformers, circuit breakers, disconnect switches, and other essential interconnection equipment. "Decommissioning" means to remove an electrical generation facility from active service. "Disposal" means the sale, transfer, dismantling, or other disposition of a project entity's assets. "Division" means the Division of Air Quality created in Section 19-1-105 . "Fair market value" means the same as that term is defined in Section 79-6-408 . "Interconnection" means the physical system that connects an electrical generation facility to the transmission or distribution system, including all switching stations, transformers, and other equipment necessary to deliver electricity to customers. "Project entity asset" means a project entity's: land; water; buildings; or essential equipment, including turbines, generators, transformers, and transmission lines. "Project entity asset" does not include an asset that is not essential for the generation of electricity in the project entity's coal-powered electrical generation facility. "Project purchaser" means any entity that has the right to purchase power from the project entity. "Station service" means the electric supply required for the operation of an electrical generation facility and associated facilities, essential auxiliary equipment, and all facilities necessary to maintain electrical output. A project entity shall provide a notice of decommissioning or disposal to the Legislative Management Committee at least 180 days before: the disposal of any project entity assets; or the decommissioning of the project entity's coal-powered electrical generation facility. The notice of decommissioning or disposal described in Subsection (2) shall include: the date of the intended decommissioning or disposal; a description of the project entity's coal-powered electrical generation facility intended for decommissioning or any project entity asset intended for disposal; and the reasons for the decommissioning or disposal. A project entity may not intentionally prevent the functionality of the project entity's existing coal-powered electrical generation facility. A project entity shall: maintain: facilities that provide power to station service so as to ensure continued functionality; at least one operational coal-powered electrical generation unit connected to existing interconnection facilities; and existing interconnection and critical switchyard equipment in a manner that ensures the ability to reactivate any remaining coal-powered electrical generation units; and make available an interconnection with the switchyard for a project entity's coal-powered electrical generation facility that does not require a new interconnection request. Notwithstanding the requirements in Subsections (2) through (4), a project entity may take any action necessary to transition to a new electrical generation facility powered by natural gas, hydrogen, or a combination of natural gas and hydrogen, including any action that has been approved by a permitting authority, provided that such actions: do not violate the requirements in Subsection (5); or are specifically required by a permitting authority as an essential component of the transition, with no feasible alternative that would avoid violating Subsection (5). A project entity shall provide the state the option to purchase for fair market value a project entity asset intended for decommissioning, with the option remaining open for at least two years, beginning on July 2, 2025.

Section 11-13-318Verify source

§ 11-13-318(1)Subsection 11-13-318(1)Provision

Source excerpt

This subsection defines several terms used in the section, including critical switchyard equipment, decommissioning, disposal, division, fair market value, interconnection, project entity asset, project purchaser, and station service.

As used in this section: "Critical switchyard equipment" means equipment located in a switchyard that is necessary for the delivery of electricity to the transmission or distribution system, including transformers, circuit breakers, disconnect switches, and other essential interconnection equipment. "Decommissioning" means to remove an electrical generation facility from active service. "Disposal" means the sale, transfer, dismantling, or other disposition of a project entity's assets. "Division" means the Division of Air Quality created in Section 19-1-105 . "Fair market value" means the same as that term is defined in Section 79-6-408 . "Interconnection" means the physical system that connects an electrical generation facility to the transmission or distribution system, including all switching stations, transformers, and other equipment necessary to deliver electricity to customers. "Project entity asset" means a project entity's: land; water; buildings; or essential equipment, including turbines, generators, transformers, and transmission lines. "Project entity asset" does not include an asset that is not essential for the generation of electricity in the project entity's coal-powered electrical generation facility. "Project purchaser" means any entity that has the right to purchase power from the project entity. "Station service" means the electric supply required for the operation of an electrical generation facility and associated facilities, essential auxiliary equipment, and all facilities necessary to maintain electrical output.

Section 11-13-318(1)Verify source

§ 11-13-318(1)(a)Subsection 11-13-318(1)(a)Provision

Source excerpt

“Critical switchyard equipment” means equipment in a switchyard that is necessary to deliver electricity to the transmission or distribution system, including transformers, circuit breakers, disconnect switches, and other essential interconnection equipment.

"Critical switchyard equipment" means equipment located in a switchyard that is necessary for the delivery of electricity to the transmission or distribution system, including transformers, circuit breakers, disconnect switches, and other essential interconnection equipment.

Section 11-13-318(1)(a)Verify source

§ 11-13-318(1)(b)Subsection 11-13-318(1)(b)Provision

Source excerpt

“Decommissioning” means removing an electrical generation facility from active service.

"Decommissioning" means to remove an electrical generation facility from active service.

Section 11-13-318(1)(b)Verify source

§ 11-13-318(1)(c)Subsection 11-13-318(1)(c)Provision

Source excerpt

“Disposal” means selling, transferring, dismantling, or otherwise disposing of a project entity’s assets.

"Disposal" means the sale, transfer, dismantling, or other disposition of a project entity's assets.

Section 11-13-318(1)(c)Verify source

§ 11-13-318(1)(d)Subsection 11-13-318(1)(d)Provision

Source excerpt

"Division" means the Division of Air Quality created in Section 19-1-105 .

Section 11-13-318(1)(d)Verify source

§ 11-13-318(1)(e)Subsection 11-13-318(1)(e)Provision

Source excerpt

“Fair market value” is defined by reference to Section 79-6-408.

"Fair market value" means the same as that term is defined in Section 79-6-408 .

Section 11-13-318(1)(e)Verify source

§ 11-13-318(1)(f)Subsection 11-13-318(1)(f)Provision

Source excerpt

"Interconnection" means the physical system connecting an electrical generation facility to the transmission or distribution system.

"Interconnection" means the physical system that connects an electrical generation facility to the transmission or distribution system, including all switching stations, transformers, and other equipment necessary to deliver electricity to customers.

Section 11-13-318(1)(f)Verify source

§ 11-13-318(1)(g)Subsection 11-13-318(1)(g)Provision

Source excerpt

Defines “project entity asset” to include land, water, buildings, and essential equipment, but excludes assets not essential for generating electricity in the project entity’s coal-powered electrical generation facility.

"Project entity asset" means a project entity's: land; water; buildings; or essential equipment, including turbines, generators, transformers, and transmission lines. "Project entity asset" does not include an asset that is not essential for the generation of electricity in the project entity's coal-powered electrical generation facility.

Section 11-13-318(1)(g)Verify source

§ 11-13-318(1)(g)(i)Subsection 11-13-318(1)(g)(i)Provision

Source excerpt

This provision defines “project entity asset” as a project entity’s land, water, buildings, or essential equipment.

"Project entity asset" means a project entity's: land; water; buildings; or essential equipment, including turbines, generators, transformers, and transmission lines.

Section 11-13-318(1)(g)(i)Verify source

§ 11-13-318(1)(g)(i)(A)Subsection 11-13-318(1)(g)(i)(A)Provision

Source excerpt

land;

Section 11-13-318(1)(g)(i)(A)Verify source

§ 11-13-318(1)(g)(i)(B)Subsection 11-13-318(1)(g)(i)(B)Provision

Source excerpt

water;

Section 11-13-318(1)(g)(i)(B)Verify source

§ 11-13-318(1)(g)(i)(C)Subsection 11-13-318(1)(g)(i)(C)Provision

Source excerpt

buildings; or

Section 11-13-318(1)(g)(i)(C)Verify source

§ 11-13-318(1)(g)(i)(D)Subsection 11-13-318(1)(g)(i)(D)Provision

Source excerpt

essential equipment, including turbines, generators, transformers, and transmission lines.

Section 11-13-318(1)(g)(i)(D)Verify source

§ 11-13-318(1)(g)(ii)Subsection 11-13-318(1)(g)(ii)Provision

Source excerpt

A “project entity asset” excludes assets that are not essential for generating electricity at the project entity’s coal-powered electrical generation facility.

"Project entity asset" does not include an asset that is not essential for the generation of electricity in the project entity's coal-powered electrical generation facility.

Section 11-13-318(1)(g)(ii)Verify source

§ 11-13-318(1)(h)Subsection 11-13-318(1)(h)Provision

Source excerpt

“Project purchaser” means any entity with the right to purchase power from the project entity.

"Project purchaser" means any entity that has the right to purchase power from the project entity.

Section 11-13-318(1)(h)Verify source

§ 11-13-318(1)(i)Subsection 11-13-318(1)(i)Provision

Source excerpt

“Station service” means the electric supply needed to operate an electrical generation facility and related facilities, including essential auxiliary equipment and other facilities needed to maintain electrical output.

"Station service" means the electric supply required for the operation of an electrical generation facility and associated facilities, essential auxiliary equipment, and all facilities necessary to maintain electrical output.

Section 11-13-318(1)(i)Verify source

§ 11-13-318(2)Subsection 11-13-318(2)Provision

Source excerpt

A project entity shall provide a notice of decommissioning or disposal to the Legislative Management Committee at least 180 days before: the disposal of any project entity assets; or the decommissioning of the project entity's coal-powered electrical generation facility.

Section 11-13-318(2)Verify source

§ 11-13-318(2)(a)Subsection 11-13-318(2)(a)Provision

Source excerpt

the disposal of any project entity assets; or

Section 11-13-318(2)(a)Verify source

§ 11-13-318(2)(b)Subsection 11-13-318(2)(b)Provision

Source excerpt

the decommissioning of the project entity's coal-powered electrical generation facility.

Section 11-13-318(2)(b)Verify source

§ 11-13-318(3)Subsection 11-13-318(3)Provision

Source excerpt

The notice must include the date, a description of the facility or asset, and the reasons for decommissioning or disposal.

The notice of decommissioning or disposal described in Subsection (2) shall include: the date of the intended decommissioning or disposal; a description of the project entity's coal-powered electrical generation facility intended for decommissioning or any project entity asset intended for disposal; and the reasons for the decommissioning or disposal.

Section 11-13-318(3)Verify source

§ 11-13-318(3)(a)Subsection 11-13-318(3)(a)Provision

Source excerpt

the date of the intended decommissioning or disposal;

Section 11-13-318(3)(a)Verify source

§ 11-13-318(3)(b)Subsection 11-13-318(3)(b)Provision

Source excerpt

a description of the project entity's coal-powered electrical generation facility intended for decommissioning or any project entity asset intended for disposal; and

Section 11-13-318(3)(b)Verify source

§ 11-13-318(3)(c)Subsection 11-13-318(3)(c)Provision

Source excerpt

the reasons for the decommissioning or disposal.

Section 11-13-318(3)(c)Verify source

§ 11-13-318(4)Subsection 11-13-318(4)Provision

Source excerpt

A project entity may not intentionally prevent the functionality of its existing coal-powered electrical generation facility.

A project entity may not intentionally prevent the functionality of the project entity's existing coal-powered electrical generation facility.

Section 11-13-318(4)Verify source

§ 11-13-318(5)Subsection 11-13-318(5)Provision

Source excerpt

A project entity must maintain specified power and interconnection facilities, including at least one operational coal-powered unit, and provide a switchyard interconnection that does not require a new request.

A project entity shall: maintain: facilities that provide power to station service so as to ensure continued functionality; at least one operational coal-powered electrical generation unit connected to existing interconnection facilities; and existing interconnection and critical switchyard equipment in a manner that ensures the ability to reactivate any remaining coal-powered electrical generation units; and make available an interconnection with the switchyard for a project entity's coal-powered electrical generation facility that does not require a new interconnection request.

Section 11-13-318(5)Verify source

§ 11-13-318(5)(a)Subsection 11-13-318(5)(a)Provision

Source excerpt

maintain: facilities that provide power to station service so as to ensure continued functionality; at least one operational coal-powered electrical generation unit connected to existing interconnection facilities; and existing interconnection and critical switchyard equipment in a manner that ensures the ability to reactivate any remaining coal-powered electrical generation units; and

Section 11-13-318(5)(a)Verify source

§ 11-13-318(5)(a)(i)Subsection 11-13-318(5)(a)(i)Provision

Source excerpt

facilities that provide power to station service so as to ensure continued functionality;

Section 11-13-318(5)(a)(i)Verify source

§ 11-13-318(5)(a)(ii)Subsection 11-13-318(5)(a)(ii)Provision

Source excerpt

Requires at least one operational coal-powered electrical generation unit connected to existing interconnection facilities.

at least one operational coal-powered electrical generation unit connected to existing interconnection facilities; and

Section 11-13-318(5)(a)(ii)Verify source

§ 11-13-318(5)(a)(iii)Subsection 11-13-318(5)(a)(iii)Provision

Source excerpt

existing interconnection and critical switchyard equipment in a manner that ensures the ability to reactivate any remaining coal-powered electrical generation units; and

Section 11-13-318(5)(a)(iii)Verify source

§ 11-13-318(5)(b)Subsection 11-13-318(5)(b)Provision

Source excerpt

make available an interconnection with the switchyard for a project entity's coal-powered electrical generation facility that does not require a new interconnection request.

Section 11-13-318(5)(b)Verify source

§ 11-13-318(6)Subsection 11-13-318(6)Provision

Source excerpt

A project entity may take necessary actions to transition to a new electrical generation facility powered by natural gas, hydrogen, or both, subject to the stated limits.

Notwithstanding the requirements in Subsections (2) through (4), a project entity may take any action necessary to transition to a new electrical generation facility powered by natural gas, hydrogen, or a combination of natural gas and hydrogen, including any action that has been approved by a permitting authority, provided that such actions: do not violate the requirements in Subsection (5); or are specifically required by a permitting authority as an essential component of the transition, with no feasible alternative that would avoid violating Subsection (5).

Section 11-13-318(6)Verify source

§ 11-13-318(6)(a)Subsection 11-13-318(6)(a)Provision

Source excerpt

Do not violate the requirements in Subsection (5).

do not violate the requirements in Subsection (5); or

Section 11-13-318(6)(a)Verify source

§ 11-13-318(6)(b)Subsection 11-13-318(6)(b)Provision

Source excerpt

are specifically required by a permitting authority as an essential component of the transition, with no feasible alternative that would avoid violating Subsection (5).

Section 11-13-318(6)(b)Verify source

§ 11-13-318(7)Subsection 11-13-318(7)Provision

Source excerpt

A project entity must give the state an option to buy a decommissioning asset at fair market value.

A project entity shall provide the state the option to purchase for fair market value a project entity asset intended for decommissioning, with the option remaining open for at least two years, beginning on July 2, 2025.

Section 11-13-318(7)Verify source

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Utah Code § 11-13-318

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