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Senate substitutes energy bill after heated debate over rooftop solar and regulatory control
Summary
Senate adopted a third substitute for SB115 (Sustainable Transportation and Energy Plan) after extended debate over energy balancing, regulatory authority and impacts on rooftop solar; sponsors say the Public Service Commission retains regulatory power, while some senators warned of potential job losses and changes to net-metering subsidies.
The Utah Senate approved a motion to substitute third substitute language into Senate Bill 115, the Sustainable Transportation and Energy Plan, after extended floor debate over how the bill would change the energy balancing account and who should set energy policy.
Sponsor Senator Adams said the third substitute adds a sunset and review schedule for the energy balancing account (EBA) — moving an energy-balancing transition with reviews in 2017 and 2018 and a three-year hard sunset on moving the EBA from 70% to 100% — and defended the legislature's role in setting policy. "I don't believe there are 3 member committees that's appointed that's not elected. Should be setting policy," Adams said on the floor, arguing that some policy decisions belong to elected legislators rather than the Public Service Commission.
Opponents and cautious members pressed technical questions about timing and consequences. Senator Vickers asked why the measure was coming forward now and noted it had generated controversy among groups he represents, including the Farm Bureau and manufacturing interests. Senator Davis said she had received "a ton of emails" and raised concerns that the bill could affect rooftop solar and related businesses; she stated that "this bill will eliminate not only 2,700 solar jobs across 900 businesses" and asked how existing rooftop installations would be treated. Adams deferred technical details to Rocky Mountain Power and said it was his understanding that existing rooftop solar would remain in place and that the bill "doesn't stop anybody from putting rooftop solar on now, even after the bill." He added that the Public Service Commission "still keeps regulatory authority over the utility."
Senator Hinkins supported limiting the subsidy mechanism in the bill, saying he opposed having ratepayers broadly subsidize rooftop solar. Other senators, including Senator Harper and Senator Vickers, questioned narrow drafting elements and asked the sponsor to "circle" or hold the bill briefly if needed to resolve rate-case timing questions; the sponsor agreed to circle the bill if necessary to allow additional review.
The motion to substitute the third substitute language was adopted by the Senate. The floor debate recorded multiple requests for clarification from stakeholders and the sponsor agreed to further checks on rate-case language; the transcript does not show final enactment of the substituted bill beyond the substitution and the amendment votes recorded on the floor.
