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Utah Code § 54-14-201

Conditions on siting of facilities by local governments -- Payment of actual excess costs

Applied in 1 court decision — leading case Wasatch Cnty. v. Util. Facility Review Bd. (2018)

Most recently applied in Wasatch Cnty. v. Util. Facility Review Bd. (January 2018)

Enacted by Chapter 197, 1997 General Session

If otherwise authorized by law, a local government may require or condition the construction of a facility in any manner if:

(1) the requirements or conditions do not impair the ability of the public utility to provide safe, reliable, and adequate service to its customers; and

(2) the local government pays for the actual excess cost resulting from the requirements or conditions, except:

(a) any actual excess costs that the public utility collects from its customers pursuant to an order, rule, or regulation of the commission; or

(b) any portion of the actual excess costs that the board requires to be borne by the public utility.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.