SB 61: Energy Corridor Amendments - Utah

Substitute #3 → Enrolled · 5 edits · Mar 26, 2025

MODERATE

This bill adds new requirements for eminent domain actions involving high-voltage power lines, mandating that proponents first analyze alternative routes and coordinate with federal land agencies before condemning private land. It also updates general condemnation rules to include stricter notice periods for property owners and requires public utilities to submit annual reports on their use of federal lands. These changes aim to prioritize federal public lands for infrastructure and increase transparency in the condemnation process.

Scope change

The bill expands the scope of eminent domain regulations to specifically include high-voltage power lines and introduces a new reporting requirement for public utilities.

REQUIREMENT

New requirement for high-voltage power line projects to conduct an infrastructure siting analysis and coordinate with federal land management agencies before filing condemnation actions.

New requirement for public utilities to submit an annual report to the Public Utilities, Energy, and Technology Interim Committee detailing their condemnation actions and efforts to use federal lands.

Added a requirement for complaints to include documentation of the infrastructure siting analysis and federal agency coordination for high-voltage power line cases.

TIMELINE

Reduced the notice period for property owners from 14 days to 10 business days before a public meeting where a condemnation vote is expected.

DEFINITION

Added new definitions for 'Feasible', 'Governing body', 'High voltage power line', 'Infrastructure siting analysis', and 'Standard Form 299'.

Introduced → Substitute #1 · 7 edits

MODERATE

The bill was revised to narrow its scope from general telecommunications and electric infrastructure to specifically target high voltage power lines. This change simplifies the requirements by removing the need for a comprehensive 'infrastructure siting analysis' for all projects, while adding a specific one-mile proximity rule for consulting with federal agencies. The definition of 'infrastructure siting analysis' was also updated to prioritize existing utility corridors according to federal standards.

Scope change

The bill's applicability was narrowed from 'certain telecommunications, electric light, and electric power infrastructure' to specifically 'high voltage power lines'.

SCOPE

The bill now applies only to eminent domain actions for high voltage power lines, removing the previous requirement for telecommunications and general electric light infrastructure.

DEFINITION

A new definition for 'high voltage power line' was added, referencing Section 54-18-102, replacing the broader list of infrastructure types.

REQUIREMENT

The requirement to conduct a full 'infrastructure siting analysis' was removed for general cases; it is now only required for high voltage power lines.

The definition of 'infrastructure siting analysis' was updated to explicitly prioritize existing utility corridors in accordance with federal standards.

A new coordination requirement was added: if federal public land exists within one mile of a proposed high voltage power line, the filer must consult with relevant federal agencies.

The criteria for demonstrating why federal public lands cannot be used was changed from 'not feasible' to 'not authorized, feasible, or would result in greater public harm'.

The annual reporting requirement was updated to apply only to eminent domain actions filed for high voltage power lines.

Substitute #2 → Substitute #3 · 6 edits

MODERATE

This bill adds new requirements for eminent domain actions involving high voltage power lines, requiring infrastructure siting analysis and coordination with federal land agencies. It also establishes reporting requirements for public utilities and makes technical corrections to existing condemnation procedures.

Scope change

The bill expands requirements to apply specifically to high voltage power line projects, while maintaining existing eminent domain procedures for other types of public infrastructure.

REQUIREMENT

Requires infrastructure siting analysis for high voltage power line condemnation actions, including evaluation of alternative routes and prioritization of existing utility corridors.

Mandates coordination with federal land management agencies when federal public land exists within one mile of proposed high voltage power lines.

REPORTING

Requires public utilities to submit annual reports to the Public Utilities, Energy, and Technology Interim Committee detailing eminent domain actions and efforts to utilize federal public lands.

DEFINITION

Adds new definition for 'Infrastructure siting analysis' and 'Standard Form 299' to clarify evaluation requirements for federal land use.

ENFORCEMENT

Updates complaint filing requirements to include infrastructure siting analysis and federal agency coordination documentation for high voltage power line actions.

TECHNICAL

Makes technical corrections to existing sections including renumbering subsections and updating formatting inconsistencies.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill adds new requirements for eminent domain actions involving high voltage power lines, requiring infrastructure siting analysis and coordination with federal land management agencies before condemnation. It also establishes an annual reporting requirement for public utilities and makes technical updates to existing condemnation procedures.

Scope change

The bill expands the scope of eminent domain requirements to specifically target high voltage power line projects, adding new procedural steps not previously required for all condemnation actions.

REQUIREMENT

New Section 78B-6-505.5 requires consultation with federal land management agencies when federal public land exists within one mile of proposed high voltage power lines

New Section 78B-6-504(5) mandates completion of infrastructure siting analysis demonstrating why federal public lands cannot be used for high voltage power lines

New Section 78B-6-523 requires public utilities to submit annual reports on eminent domain actions and federal land coordination efforts

Section 78B-6-507 amended to require inclusion of infrastructure siting analysis and federal agency coordination documentation in eminent domain complaints

TECHNICAL

House sponsor name changed from LONG to Troy Shelley; some formatting and numbering adjustments made throughout the bill

Energy Corridor Amendments

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