17B-2a-1406. Powers of the district.

471 words·~2 min read·/ut/title-17b/chapter-2a/17b-2a-1406

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Notwithstanding Subsection 17B-1-103(4) and Section 17B-1-202 , and in addition to the powers conferred on a special district under Section 17B-1-103 , the district may:

(a)acquire by purchase, construction, gift, or any combination of these methods, and own, operate, maintain, improve, and dispose of energy infrastructure facilities within a designated service area;

(b)enter into operating contracts with operators for the management, operation, and maintenance of district-owned energy infrastructure facilities in accordance with Section 17B-2a-1409 ;

(c)enter into power purchase agreements for the sale of electricity or other energy produced by or transmitted through district-owned facilities;

(d)issue revenue bonds in accordance with Section 17B-2a-1407 and Chapter 1, Part 11, Special District Bonds;

(e)enter into contracts, agreements, and other instruments necessary or convenient to carry out the purposes of the district;

(f)acquire water rights, air rights, and other real and personal property rights necessary or convenient to the ownership or operation of energy infrastructure facilities within the service area;

(g)accept grants, gifts, loans, and other financial assistance from federal, state, and local governmental entities;

(h)employ staff and engage financial advisors, engineers, and other professional services necessary to carry out the purposes of the district;

(i)impose fees and charges for services provided by the district in accordance with Chapter 1, Part 9, Collection of Service Fees and Charges;

(j)impose penalties on an operator for non-compliance with the terms of an operating contract, as specified in the operating contract; and

(k)do all other things necessary or convenient to carry out the purposes of this part.

(2)Before constructing or operating an energy infrastructure facility within the boundaries of a city or town, the district shall obtain the consent of the local authorities who have control of any street or highway proposed to be occupied by the facility, in accordance with Utah Constitution, Article XI, Section 9.

(a)The district is not an electric service provider and may not sell, distribute, or deliver electricity directly to retail customers.

(b)Neither the district nor the board may provide electric service within the certificated service territory of any entity that has been authorized to provide retail electric service in that territory pursuant to:

(i)a certificate of public convenience and necessity issued by the Public Service Commission under Title 54, Public Utilities;

(ii)a franchise, ordinance, or other authorization granted under Title 10, Utah Municipal Code; or

(iii)any other provision of state law authorizing an entity to provide retail electric service within a defined geographic area.

(c)Nothing in this part shall be construed to limit, diminish, or otherwise affect the certificated service territory of an entity that has been authorized to provide retail electric service in the state.

Enacted by Chapter 474 , 2026 General Session