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

54-14-306. Action required of local government following board decision.
(1) If the board decides that a facility permitted to be constructed by a local governmentis subject to requirements or conditions that impose an estimated excess cost but do not impair theprovision of safe, reliable, and adequate service to customers of the public utility, the localgovernment shall, within 20 days following the decision of the board, determine whether it willimpose the requirement or conditions imposing an estimated excess cost or issue the permit,authorization, approval, exception, or waiver without the requirements or conditions imposing anestimated excess cost.
(2) If the board decides that a facility should be constructed that the local government hasprohibited, the local government shall, within 60 days following the decision of the board, issuethe 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 thecustomers of the utility; and
(b) the local government enters into an agreement with the public utility within the 20-daytime limit specified by Subsection (1) or the 60-day time limit specified by Subsection (2) to payfor the actual excess cost to the public utility, except any actual excess costs specified inSubsection 54-14-201(2)(a) or (2)(b), at least 30 days before the date construction of the facilityshould commence.

Enacted by Chapter 197, 1997 General Session