As used in this chapter:

1. (1) "Actual excess cost" means the difference in cost between:

   1. (a) the standard cost of a facility; and
   2. (b) the actual cost of the facility, including any necessary right-of-way, as determined in accordance with Section 54-14-203.
2. (2) "Board" means the Utility Facility Review Board.
3. (3) "Commencement of construction of a facility" includes the project design and the ordering of materials necessary to construct the facility.
4. (4) "Estimated excess cost" means any material difference in estimated cost between the costs of a facility, including any necessary right-of-way, if constructed in accordance with the requirements of a local government and the standard cost of the facility.

5. (5)

   1. (a) "Facility" means a transmission line, a substation, a gas pipeline, a tap, a measuring device, or a treatment device.
   2. (b) "Facility" includes a high voltage power line route as defined in Section 54-18-102.

6. (6)

   1. (a) "Gas pipeline" means equipment, material, and structures used to transport gas to the public utility's customers, including:

      1. (i) pipe;
      2. (ii) a compressor;
      3. (iii) a pressure regulator;
      4. (iv) a support structure; and
      5. (v) any other equipment or structure used to transport or facilitate transportation of gas through a pipe.
   2. (b) "Gas pipeline" does not include a service line.

7. (7) "Local government":

   1. (a) means a city or town as defined in Section 10-1-104 or a county; or
   2. (b) may refer to one or more of the local governments in whose jurisdiction a facility is located if a facility is proposed to be located in more than one local government jurisdiction.

8. (8) "Pay" includes, in reference to a local government paying the actual excess cost of a facility, payment by:

   1. (a) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts;
   2. (b) a special service district under Title 17D, Chapter 1, Special Service District Act; or
   3. (c) a private entity other than the public utility pursuant to a regulation or decision of the local government.

9. (9)

   1. (a) "Standard cost" means the estimated cost of a facility, including any necessary right-of-way, if constructed in accordance with:

      1. (i) the public utility's normal practices; and

      2. (ii) zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements:

         1. (A) imposed on similar land uses in the same zone; and
         2. (B) that do not impair the ability of the public utility to provide service to its customers in a safe, reliable, adequate, and efficient manner.
   2. (b) With respect to a transmission line, "standard cost" is the cost of any overhead line constructed in accordance with the public utility's normal practices.
   3. (c) With respect to a facility of a gas corporation, "standard cost" is the cost of constructing the facility in accordance with the public utility's normal practices.

10. (10)

    1. (a) "Substation" means a separate space within which electric supply equipment is located for the purpose of switching, regulating, transforming, or otherwise modifying the characteristics of electricity, including:

       1. (i) electrical equipment such as transformers, circuit breakers, voltage regulating equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and other related equipment;
       2. (ii) the site at which the equipment is located, any foundations, support structures, buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and
       3. (iii) the structure intended to restrict access to the equipment to qualified persons.
    2. (b) "Substation" does not include a distribution pole-mounted or pad-mounted transformer that is used for the final transformation of power to the voltage level utilized by the customer.

11. (11)

    1. (a) "Transmission line" means an electrical line, including structures, equipment, plant, or fixtures associated with the electrical line, operated at a nominal voltage of 34,000 volts or above.
    2. (b) "Transmission line" includes, for purposes of Title 54, Chapter 18, Siting of High Voltage Power Line Act, an electrical line as described in Subsection (11)(a) operated at a nominal voltage of 230 kilovolts or more.

Amended by Chapter 16, 2023 General Session