As used in this part:

1. (1)

   1. (a) "Auxiliary services" means those services necessary to safely and reliably:

      1. (i) interconnect and transmit electric power from any clean energy resource constructed or acquired for a community clean energy program; and
      2. (ii) integrate and supplement electric power from any clean energy resource.
   2. (b) "Auxiliary services" shall include applicable Federal Energy Regulatory Commission requirements governing transmission and interconnection services.
2. (2) "Clean electric energy supply" means incremental clean energy resources that are developed to meet the annual electric energy consumption of participating customers within a participating community.

3. (3) "Clean energy resource" means:

   1. (a) electric energy generated by a source that is naturally replenished and includes one or more of the following:

      1. (i) wind;
      2. (ii) solar photovoltaic or thermal solar technology;
      3. (iii) a geothermal resource; or
      4. (iv) a hydroelectric plant including a pumped storage hydropower facility;

   2. (b) use of an energy efficient and sustainable technology the commission has approved for implementation that:

      1. (i) increases efficient energy usage;
      2. (ii) is capable of being used for demand response;
      3. (iii) facilitates the use and development of clean generation resources through electrical grid management or energy storage; or
      4. (iv) uses carbon capture utilization and sequestration; or
   3. (c) energy derived from nuclear fuel.
4. (4) "Commission" means the Public Service Commission created in Section 54-1-1.
5. (5) "Community clean energy program" means the program approved by the commission under Section 54-17-904 that allows a qualified utility to provide electric service from one or more clean energy resources to a participating customer within a participating community.
6. (6) "County" means the unincorporated area of a county.
7. (7) "Division" means the Division of Public Utilities created in Section 54-4a-1.

8. (8)

   1. (a) "Initial opt-out period" means the period of time immediately after the community clean energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty.
   2. (b) "Initial opt-out period" may not be shorter than three typical billing cycles of the qualified utility.
9. (9) "Municipality" means a city or a town as defined in Section 10-1-104.
10. (10) "Office" means the Office of Consumer Services created in Section 54-10a-101.
11. (11) "Ongoing costs" means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets.

12. (12) "Participating community" means a municipality or a county:

    1. (a) whose residents are served by a qualified utility; and
    2. (b) the municipality or county meets the requirements in Section 54-17-903.

13. (13) "Participating customer" means:

    1. (a) a customer of a qualified utility located within the boundary of a municipality or county where a community clean energy program has been approved by the commission; and
    2. (b) the customer has not exercised the right to not participate in the community clean energy program as provided in Section 54-17-905.
14. (14) "Qualified utility" means the same as that term is defined in Section 54-17-801.

15. (15) "Replaced asset" means an existing thermal energy resource:

    1. (a) that was built or acquired, in whole or in part, by a qualified utility to serve the qualified utility's customers, including customers within a participating community;
    2. (b) that was built or acquired prior to commission approval and the effective date of the community clean energy program; and
    3. (c) to the extent the asset is no longer used to serve participating customers.

Amended by Chapter 53, 2024 General Session