54-14-201 - Conditions on siting of facilities by local governments -- Payment of actual excess costs.
54-14-201. Conditions on siting of facilities by local governments -- Payment ofactual excess costs.
If otherwise authorized by law, a local government may require or condition theconstruction of a facility in any manner if:
(1) the requirements or conditions do not impair the ability of the public utility to providesafe, reliable, and adequate service to its customers; and
(2) the local government pays for the actual excess cost resulting from the requirementsor conditions, except:
(a) any actual excess costs that the public utility collects from its customers pursuant toan order, rule, or regulation of the commission; or
(b) any portion of the actual excess costs that the board requires to be borne by the publicutility.
Enacted by Chapter 197, 1997 General Session