54-3-28 - Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property.
54-3-28. Notice required of certain public utilities before preparing or amending along-range plan or acquiring certain property.
(1) As used in this section:
(a) (i) "Affected entity" means each county, municipality, local district under Title 17B,Limited Purpose Local Government Entities - Local Districts, special service district, schooldistrict, interlocal cooperation entity established under Title 11, Chapter 13, InterlocalCooperation Act, and specified public utility:
(A) whose services or facilities are likely to require expansion or significant modificationbecause of expected uses of land under a proposed long-range plan or under proposedamendments to a long-range plan; or
(B) that has filed with the specified public utility a copy of the general or long-range planof the county, municipality, local district, special service district, school district, interlocalcooperation entity, or specified public utility.
(ii) "Affected entity" does not include the specified public utility that is required underSubsection (2) to provide notice.
(b) "Specified public utility" means an electrical corporation, gas corporation, ortelephone corporation, as those terms are defined in Section 54-2-1.
(2) (a) If a specified public utility prepares a long-range plan regarding its facilitiesproposed for the future in a county of the first or second class or amends an already existinglong-range plan, the specified public utility shall, before preparing a long-range plan oramendments to an existing long-range plan, provide written notice, as provided in this section, ofits intent to prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2) shall:
(i) indicate that the specified public utility intends to prepare a long-range plan or toamend a long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by thelong-range plan or amendments to a long-range plan;
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whoseboundaries is located the land on which the proposed long-range plan or amendments to along-range plan are expected to indicate that the proposed facilities will be located;
(B) each affected entity;
(C) the Automated Geographic Reference Center created in Section 63F-1-506;
(D) each association of governments, established pursuant to an interlocal agreementunder Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipalitydescribed in Subsection (2)(b)(iii)(A) is a member; and
(E) the state planning coordinator appointed under Section 63J-4-202;
(iv) with respect to the notice to counties and municipalities described in Subsection(2)(b)(iii)(A) and affected entities, invite them to provide information for the specified publicutility to consider in the process of preparing, adopting, and implementing the long-range plan oramendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan oramendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning orconsidering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the specified public utility has one, andthe name and telephone number of a person where more information can be obtained concerningthe specified public utility's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each specified public utility intending toacquire real property in a county of the first or second class for the purpose of expanding itsinfrastructure or other facilities used for providing the services that the specified public utility isauthorized to provide shall provide written notice, as provided in this Subsection (3), of its intentto acquire the property if the intended use of the property is contrary to:
(i) the anticipated use of the property under the county or municipality's general plan; or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the specified public utility intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whoseboundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection63G-2-305(7).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified publicutility previously provided notice under Subsection (2) identifying the general location within themunicipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a specified public utility is not required to comply with the notice requirement ofSubsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility shallprovide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of thereal property.
Amended by Chapter 382, 2008 General Session