54-14-306. Action required of local government following board decision.

259 words·~1 min read·/ut/title-54/chapter-14/54-14-306

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

(1)If the board decides that a facility permitted to be constructed by a local government is subject to requirements or conditions that impose an estimated excess cost but do not impair the provision of safe, reliable, and adequate service to customers of the public utility, the local government shall, within 20 days following the decision of the board, determine whether it will impose the requirement or conditions imposing an estimated excess cost or issue the permit, authorization, approval, exception, or waiver without the requirements or conditions imposing an estimated excess cost.

(2)If the board decides that a facility should be constructed that the local government has prohibited, the local government shall, within 60 days following the decision of the board, issue the permit, authorization, approval, exception, or waiver consistent with the decision of the board.

(3)The local government may impose requirements or conditions pursuant to its zoning, subdivision, or building code regulations if:

(a)the requirements or conditions do not impair safe, reliable, and adequate service to the customers of the utility; and

(b)the local government enters into an agreement with the public utility within the 20-day time limit specified by Subsection

(1)or the 60-day time limit specified by Subsection

(2)to pay for the actual excess cost to the public utility, except any actual excess costs specified in Subsection 54-14-201(2)(a) or (2)(b) , at least 30 days before the date construction of the facility should commence.

Enacted by Chapter 197 , 1997 General Session