1. (1) As used in this section, "private individual or entity" means any individual or entity that:

   1. (a) is not acting under the authority of a federal, state, or local government agency; and
   2. (b) is not purchasing compressed natural gas from the state's fuel network for sale, resale, distribution, redistribution, trade, exchange, or in furtherance of a commercial enterprise.

2. (2) The division may allow a private individual or entity to purchase compressed natural gas from the state's fuel network if:

   1. (a) there is no commercial fuel site that meets the geographical compressed natural gas distribution needs of private individuals or entities; and
   2. (b) there is no emergency that, as determined by the division, warrants the holding of compressed natural gas in reserve for use by state or emergency vehicles.

3. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules:

   1. (a) giving state and local agencies priority to dispense and receive compressed natural gas from the state's fuel network sites;
   2. (b) designating state fuel network sites that may be made available to private individuals and entities for the purchase of compressed natural gas;
   3. (c) defining the terms of operation for each site designated under Subsection (3)(b);
   4. (d) unless otherwise prohibited by law, limiting the amount of compressed natural gas that may be purchased from the state's fuel network by any private individual or entity at any one time, or in the aggregate during any given period of time;
   5. (e) providing conditions upon which a private individual or entity's authorization to purchase compressed natural gas from the state fuel network may be granted, revoked, or suspended under this section;
   6. (f) to establish or determine compliance with Subsections (2)(a) and (b); and
   7. (g) defining the term "geographical compressed natural gas needs of a private individual or entity."

Enacted by Chapter 65, 2008 General Session