HB0016S02Enrolled comparedCopy withH.B. HB0016 {Omitted text} shows text that was in HB0016 but was omitted in HB0016S02 inserted text shows text that was not in HB0016 but was inserted into HB0016S02 DISCLAIMER:
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Solar Power Plant Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Jack Senate Sponsor:DavidSponsor: P.
David P.
H ▸ creates a permitting process for solar power plants;
B ▸ requires submission and approval of site and development plans {for solar power plants} before permit approval;
and 1 HB0016 compared with HB0016S02 ▸ provides for severability.
54-17-120154-17-1201, , Utah Code Annotated 1953 54-17-1202H.B. , Utah Code Annotated 1953 54-17-1203 , Utah Code Annotated 1953 54-17-1204 , Utah Code Annotated 1953 54-17-1205 , Utah Code Annotated 1953 54-17-1206 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
16 Enrolled Copy 54-17-1202, Utah Code Annotated 1953 54-17-1203, Utah Code Annotated 1953 54-17-1204, Utah Code Annotated 1953 54-17-1205, Utah Code Annotated 1953 54-17-1206, Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
Section 154-17-1201 is enacted to read:
54-17-1201.54-17-1201 .
(1) "Agriculture protection area" means the same as that term is defined in Section 17-41-101.17-81-101.
(1)(2)(2) "Solar power plant" means a utility-scale commercial facility that:
(2)(3)(3)(a) (a) "State incentive" means a tax credit, grant, subsidy, loan, or other form of financial support provided by the state or a state agency to promote or support the development or operation of a solar power plant.
and (iii) an alternative energy development tax credit under Section 79-6-5.79-6-503.
- 2 - HB0016 compared with HB0016S02 Section 2.
Section 254-17-1202 is enacted to read:
54-17-1202.54-17-1202 .
(1) A solar power plant {that } for which a conditional use permit is {permitted } issued after May 6, 2026, is not eligible to receive state incentives if the soil where the project is located is:
(a) prime farmland, farmland of statewide importance, farmland of local importance, or farmland of unique importance, as designated by the Natural ResourceResources Conservation Service;
or (c) non-irrigated cropland of a capability class one through four, as designated by the Natural- Resources2 Conservation- Service.Enrolled Copy H.B.
16 Natural Resources Conservation Service.
(3) A proposed solar power plant located on grazing land is not eligible to receive state incentives if the land produces greater than {[1,000]} 250 pounds of vegetative production per acre in a normal year, according to the Web Soil Survey produced by the Natural Resources Conservation Service.
(4) A proposed solar power plant located on grazing land may receive half of an eligible state incentive if the land produces between {[500]} 125 and {[1,000]} 250 pounds of vegetative production per acre in a normal year, according to the Web Soil Survey produced by the Natural Resources Conservation Service.
(a) holds a position in an interconnection queue {prior to } before January 1, 2026;
(b) is subject to a signed commercial agreement to provide power that was executed {prior to } before January 1, 2026;
or (c) meets the requirements for, or is receiving, a state incentive {prior to } before May 6, 2026.
Section 354-17-1203 is enacted to read:
-54-17-1203 3. - HB0016 compared with HB0016S02 54-17-1203.
Section 454-17-1204 is enacted to read:
54-17-1204.54-17-1204 .
(1) An owner of a solar power plant {that } for which a conditional use permit is {permitted } issued after May 6, 2026, shall:
(a) place financial assurance with the appropriate local jurisdiction, state entity, or land owner- in3 accordance- withH.B. Section 11-17-12 in the form of:
16 Enrolled Copy owner in accordance with Section 11-17-12 in the form of:
- 4 - HB0016 compared with HB0016S02 (i) rectify any deficiency within 90 days after receiving written notice from the appropriate local jurisdiction by certified mail;
and (e) if seeking to repower the solar power plant at the end of the {initial permitted use} useful life of the solar power plant:
(2)- As4 a- conditionEnrolled ofCopy theH.B. conditional use permit, the decommissioning plan shall be approved by the appropriate local jurisdiction's governing body before an owner commences construction on the solar power plant project site.
16 (2) As a condition of the conditional use permit, the decommissioning plan shall be approved by the appropriate local jurisdiction's governing body before an owner commences construction on the solar power plant project site.
Section 554-17-1205 is enacted to read:
54-17-1205.54-17-1205 .
(3) {After } Before receiving the permits required under Subsection (1), {but before commencing construction of a solar power plant, the } an owner shall submit to the appropriate local jurisdiction for review and approval:
{and} - 5 - HB0016 compared with HB0016S02 (vi) areas of existing vegetation and proposed vegetation removal;
{and} (vii) irrigation and water conveyances, and service areas;
(4) {The } A local jurisdiction may not unreasonably withhold approval of the plans and documentation required under Subsection (3).
Section 654-17-1206 is enacted to read:
54-17-1206.54-17-1206 .
Effective date.
2-6-26 4:17 PM - 65 -