General Information

Government Type

Municipality

Entity

Moab

Public Body

Notice of Ordinance Adoptions

Notice Information

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Notice Title

Ordinance 2026-09

Notice Tags

'clean energy'

Notice Type(s)

Notice

Event Start Date & Time

April 29, 2026 08:00 AM

Description/Agenda

CITY OF MOAB ORDINANCE NO. 2026-09 AN ORDINANCE OF CITY OF MOAB ENACTING CHAPTER 9.44 OF THE MOAB MUNICIPAL CODE, COMMUNITY CLEAN ENERGY PROGRAM Preamble WHEREAS, in 2019, the Utah State Legislature enacted House Bill 411, codified at Utah Code Ann. §§ 54-17-901 to -909 ('Act'), titled the 'Community Renewable Energy Act'; and WHEREAS, in 2024, the Utah State Legislature enacted House Bill 241 and Senate Bill 214 which, collectively, renamed the Act the 'Community Clean Energy Act' and amended certain provisions of the Act; and WHEREAS, the Act authorizes the Utah Public Service Commission ('Commission') to establish a program ('Program') whereby towns, municipalities, and counties may cooperate with qualified utilities to provide electric energy for participating customers from clean energy resources; and WHEREAS, the Act provides that a customer of a qualified utility may be served by the Program if the town, municipality, or county ('Community') in which the customer resides satisfies certain requirements, including: (a) the Community must enter into an agreement with a qualified utility ('Utility Agreement'): (i) stipulating to the payment to the qualified utility of the costs of: (A) third-party expertise contracted for by the Division of Public Utilities and the Office of Consumer Services, for assistance with activities associated with initial approval of the Program; and (B) providing notice to the Community's customers as provided in the Act; (ii) determining the obligation for the payment of any termination charges under the Act that are not paid by a participating customer and not included in participating customer rates; and (iii) identifying any initially proposed replaced asset; (b) the Community must, within ninety (90) days after the date of the Commission's order approving the Program, adopt a local ordinance that: (i) establishes participation in the Program; and is consistent with the terms of the Utility Agreement; and (c) the Community must comply with any other terms or conditions required by the Commission; and WHEREAS, the Act further authorizes the Commission to adopt administrative rules to implement the Act and the Commission has adopted such rules as set forth in Utah Administrative Code R746-314-101 through -402 ('Rules'); and WHEREAS, the Rules require that a customer of a qualified utility may be served by the Program if, in addition to the requirements of the Act, the Community in which the customer resides also adopts an agreement ('Governance Agreement') with other eligible Communities to establish a cooperative decision-making process for Program design, resource solicitation, resource acquisition, and other Program issues and provides a means of ensuring that eligible Communities and those that become participating Communities will be able to reach a single joint decision on any necessary Program issues; and WHEREAS, consistent with the requirements of the Rules, City of Moab entered into an agreement with other eligible Communities entitled the Interlocal Cooperation Agreement Among Public Entities Regarding the Community Renewable Energy Program ('Governance Agreement'), thereby becoming a member of the Community Renewable Energy Agency ('Agency'), which endeavors to make certain joint decisions about the proposed Program on behalf of Communities as set forth in the Governance Agreement; and WHEREAS, consistent with the requirements of the Act, City of Moab executed a Utility Agreement with Rocky Mountain Power, a qualified utility under the Act, on October 10, 2023, which addresses the issues required by the Act; and WHEREAS, consistent with the requirements of the Act, on January 24, 2025, and June 4, 2025, Rocky Mountain Power filed an application with the Commission seeking approval of the Program and the Commission opened Docket No. 25-035-06 to consider the application; and WHEREAS, consistent with the requirements of the Act, on March 4, 2026, the Commission issued an order in Docket No. 25-035-06 ('Commission Order') approving the Program; and WHEREAS, as contemplated in the Act, the Moab City Council desires to adopt this ordinance that satisfies the requirements of the Act; and WHEREAS, Moab municipal government is responsible to promote the public health and safety of its residents, including access to clean air, clean water and a livable environment; and WHEREAS, the Moab City Council finds that energy sources utilized by and within City of Moab therefore can impact public health, safety and welfare; and WHEREAS, City of Moab and its residents identified environmental sustainability as a pillar through the Moab - Tomorrow Together Vision & Strategic Action Plan, which included embracing renewable energy; WHEREAS, proximity to outdoor recreation is a key economic contributor to City of Moab and one which relies on preservation of the environment and protection of natural resources; and WHEREAS, the Moab City Council believes that determining and undertaking further actions designed to reduce fossil fuel dependence while appropriately balancing financial stewardship and promoting economic growth is an important component of safeguarding public health, safety and welfare; and WHEREAS, the Moab City Council met in regular session on April 28th, 2026, to among other things, consider adopting the Program on behalf of City of Moab's electric customers; and NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE BODY OF CITY OF MOAB AS FOLLOWS: Section 1. Adoption. Moab Municipal Code, Chapter 9.44 Community Clean Energy Program, which is published as a code in book form, is adopted in accordance with Exhibit A herein, copies of which have been filed for use and examination in the Office of the Recorder (the 'Community Clean Energy Program Ordinance'). Section 2. Savings Clause. In the event one or more of the provisions of this Community Clean Energy Program Ordinance shall, for any reason, be held to be unenforceable or invalid in any respect under applicable laws, such unenforceability or invalidity shall not affect any other provision; and in such an event, this Community Clean Energy Program Ordinance shall be construed as if such unenforceable or invalid provision had never been contained herein. Section 3. Effective Date. This Community Clean Energy Program Ordinance shall take effect immediately upon the date of its first publication. PASSED AND ADOPTED by a majority of the City Council this 28th day of April, 2026. MOAB CITY COUNCIL ___________________________ By: Joette Langianese, Mayor ATTEST ___________________________ Sommar Johnson, Recorder

Notice of Special Accommodations (ADA)

In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting.

Notice of Electronic or Telephone Participation

N/A

Meeting Information

Meeting Location

217 E. Center St.
Moab, UT 84532
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Contact Name

Sommar Johnson

Contact Email

sommar@moabcity.org

Contact Phone

(435)259-2683

Notice Posting Details

Notice Posted On

April 29, 2026 02:55 PM

Notice Last Edited On

April 29, 2026 02:55 PM

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