(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules outlining a competitive solicitation process for the acquisition of clean assets acquired by the qualified utility for purposes of this act. (2) The solicitation rules shall include the following provisions: (a) solar photovoltaic or thermal solar energy facilities may be acquired under the provisions of Section 54-17-807; (b) clean energy resources developed under this part shall be constructed or acquired subject to an option by the qualified utility to own the clean energy resource so long as including the option in a solicitation is in the interest of participating customers and other customers of the qualified utility; and (c) any other requirement determined by the commission to be in the public interest. (3) Upon completion of a solicitation under this section and the rules adopted by the commission to implement this section, the commission may approve cost recovery for a clean energy resource for the community clean energy program if approval of the clean energy resource: (a) complies with the provisions of this part; (b) does not result in shifting of costs or benefits to other customers of the qualified utility; and (c) is in the public interest.
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