Effective 5/10/2016 11-13-301. Project entity and generation output requirements. (1) Each project entity: (a) shall: (i) except for construction of facilities providing replacement project capacity, before undertaking the construction of a project and before undertaking the construction of facilities to provide additional project capacity, offer to sell or make available at least 50% of the […]
Affected by 63I-2-211 on 7/1/2023 Effective 1/1/2023 11-13-302. Payment of fee in lieu of ad valorem property tax by certain energy suppliers — Method of calculating — Collection — Extent of tax lien. (1) (a) Each project entity created under this chapter that owns a project and that sells any capacity, service, or other benefit […]
Effective 5/13/2014 11-13-303. Source of project entity’s payment of sales and use tax — Gross receipts taxes for facilities providing additional project capacity. (1) A project entity is not exempt from sales and use taxes under Title 59, Chapter 12, Sales and Use Tax Act, to the extent provided in Subsection 59-12-104(2). (2) A project […]
Effective 5/10/2016 11-13-304. Certificate of public convenience and necessity required — Exceptions. (1) Before proceeding with the construction of any electrical generating plant or transmission line, each interlocal entity and each out-of-state public agency shall first obtain from the public service commission a certificate, after hearing, that public convenience and necessity requires such construction and […]
11-13-305. Impact alleviation requirements — Payments in lieu of ad valorem tax — Source of impact alleviation payment. (1) (a) (i) A project entity may assume financial responsibility for or provide for the alleviation of the direct impacts of its project, and make loans to candidates to alleviate impacts created by the construction or operation […]
11-13-306. Procedure in case of inability to formulate contract for impact alleviation. (1) If the project entity or other public agency and a candidate are unable to agree upon the terms of an impact alleviation contract or to agree that the candidate has or will experience any direct impacts, the project entity or other public […]
11-13-307. Method of amending impact alleviation contract. An impact alleviation contract or a determination order may be amended with the consent of the parties, or otherwise in accordance with their provisions. In addition, any party may propose an amendment to a contract or order which, if not agreed to by the other parties, may be […]
11-13-308. Effect of failure to comply. The construction or operation of a project or of facilities providing additional project capacity may commence and proceed, notwithstanding the fact that all impact alleviation contracts or determination orders with respect to the project or facilities providing additional project capacity have not been entered into or made or that […]
11-13-309. Venue for civil action — No trial de novo. (1) Any civil action seeking to challenge, enforce, or otherwise have reviewed, any order of the board, or any alleviation contract, shall be brought only in the district court for the county within which is located the candidate to which the order or contract pertains. […]
Affected by 63I-2-211 on 7/1/2023 Effective 5/8/2018 11-13-310. Termination of impact alleviation contract. If the project or any part of it or the facilities providing additional project capacity or any part of them, or the output from the project or facilities providing additional project capacity become subject, in addition to the requirements of Section 11-13-302, […]
11-13-311. Credit for impact alleviation payments against in lieu of ad valorem property taxes — Federal or state assistance. (1) In consideration of the impact alleviation payments and means provided by the project entity or other public agency pursuant to the contracts and determination orders, the project entity or other public agency, as the case […]
11-13-312. Exemption from privilege tax. Title 59, Chapter 4, Privilege Tax, does not apply to a project, or any part of it, or to facilities providing additional project capacity, or any part of them, or to the possession or other beneficial use of a project or facilities providing additional project capacity as long as there […]
11-13-313. Arbitration of disputes. Any impact alleviation contract may provide that disputes between the parties will be submitted to arbitration pursuant to Title 78B, Chapter 11, Utah Uniform Arbitration Act. Amended by Chapter 3, 2008 General Session
Effective 11/16/2021 11-13-314. Eminent domain authority of certain commercial project entities. (1) (a) Subject to Subsections (2) and (3), a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities providing additional project capacity in which the commercial project entity has an interest, acquire […]
Effective 5/4/2022 11-13-316. Project entity oversight. (1) Notwithstanding any other provision of law, a project entity is a political subdivision that: (a) pursuant to Utah Constitution, Article VI, Section 33, is subject to the authority of the legislative auditor to conduct audits of any funds, functions, and accounts in any political subdivision of this state; […]
Effective 5/4/2022 11-13-317. Submitting to the Project Entity Oversight Committee. Within a reasonable time of the information being available, a project entity shall submit to the Project Entity Oversight Committee, created in Section 63C-26-201, publicly available financial and operating information relating to the project entity, including: (1) a copy of the project entity’s audited financial […]
