Utah § 54-17-905 - Customer participation -- Election not to participate.
Full text of Utah Utah Code § 54-17-905 — Customer participation -- Election not to participate., with citation guidance and answers to common questions.
§ 54-17-905. Customer participation -- Election not to participate.
Effective 5/6/2026 54-17-905.
Customer participation -- Election not to participate.
(1)
(a)
After commission approval of a community clean energy program and adoption of the ordinance by the participating community as required in Section 54-17-903, a qualified utility shall provide notice to each of its customers within the participating community that includes:
(i)
the projected rates and terms of participation in the community clean energy program approved by the commission;
(ii)
an estimated comparison to otherwise applicable existing rates;
(iii)
an explanation that the customer may elect to not participate in the community clean energy program by notifying the qualified utility;
(iv)
a simple method, such as checking a box or signing a statement, for the customer to indicate on the notice the customer's election to not participate in the community clean energy program;
(v)
instructions for submitting the notice to the qualified utility to opt out of the community clean energy program; and
(vi)
any other information required by the commission.
(b)
The notice required under Subsection (1)(a) shall prominently display the information described in Subsections (1)(a)(iv) and (v).
(c)
The qualified utility shall provide the notice required under Subsection (1)(a) to each customer:
(i)
no less than twice within the period of 60 days immediately preceding the date required to opt out of the community clean energy program; and
(ii)
separately from the customer's monthly billing.
(d)
The qualified utility shall provide the information required under Subsection (1)(a) in person to each customer with an electric load of one megawatt or greater measured at a single meter.
(2)
(a)
An existing customer of the qualified utility may elect to not participate in the community clean energy program and continue to pay applicable existing rates by:
(i)
submitting the notice described in Subsection (1)(a) to the qualified utility; or
(ii)
giving notice to the qualified utility in the manner and within the time period determined by the commission.
(b)
After implementation of the community clean energy program:
(i)
a customer that previously elected not to participate in the program may become a participating customer as allowed by commission rules and by giving notice to the qualified utility in the manner required by the commission; and
(ii)
a customer of the qualified utility that begins taking electric service within a participating community after the date of implementation of the community clean energy program shall:
(A)
be given notice as determined by the commission; and
(B)
shall become a participating customer unless the person elects not to participate by giving notice to the qualified utility in the manner and within the time period determined by the commission.
(3)
(a)
A customer that does not opt out of the community clean energy program under Subsection (2) may later discontinue participation in the community clean energy program as allowed by the commission as described in Subsection (3)(b) or (c).
(b)
(i)
During the initial opt-out period, a participating customer may elect to leave the program by giving notice to the qualified utility in the manner determined by the commission.
(ii)
A participating customer that opts out as described in Subsection (3)(b)(i) is not subject to a termination charge.
(c)
After the community clean energy program's initial opt-out period, a participating customer may elect to leave the program by:
(i)
giving notice to the qualified utility in the manner determined by the commission; and
(ii)
paying a termination charge as determined by the commission that may include the cost of clean energy resources acquired or constructed for the community clean energy program that are not being utilized by participating customers as necessary to prevent shifting costs to other customers of the qualified utility.
(4)
(a)
A customer of a qualified utility that is annexed into the boundaries of a participating community after the effective date of the community clean energy program shall be given notice as provided in Subsection (1) advising the customer of the option to opt out of the program.
(b)
A participating customer located in a portion of a county that is annexed into a municipality that is not a participating community shall continue to be included in the clean energy program if the customer remains a customer of the qualified utility.
(c)
If a participating customer is annexed into a municipality that provides electric service to the municipality's residents:
(i)
the customer may continue to be served by the qualified utility under the community clean energy program if the qualified utility enters into an agreement with the municipality under Section 54-3-30; or
(ii)
the municipality shall pay the termination charge for each participating customer that is no longer served by the qualified utility.
(5)
A residential customer that is participating in the net metering program under Title 54, Chapter 15, Net Metering of Electricity, may not be a participating customer under this part.
(6)
(a)
The cost of providing notice under Subsection (1) shall be paid by the participating communities.
(b)
All other notices required under this section shall be paid for as program costs and recovered through participating customers' rates.
Section 54-17-905 ("Customer participation -- Election not to participate.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 54-17-905?
A common citation format is "Utah Code § 54-17-905" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 54-17-905 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
