Energy Development Planning Amendments, the official text

Energy Development Planning Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Derrin R. Owens

LONG TITLE
General Description:
This bill makes amendments to provisions regulating clean energy sources.
Highlighted Provisions:
This bill: defines terms;
requires consultation with the Division of Wildlife Resources (division) as part of local government approval of utility scale solar and wind power plant projects;
specifies consultation requirements; and
includes a coordination clause that coordinates with H.B. 16, Solar Power Plant Amendments, regarding wildlife consultation requirements for solar power plants.

Money Appropriated in this Bill: None Other Special Clauses: This bill provides a coordination clause. Utah Code Sections Affected: ENACTS:
54-17-1201, Utah Code Annotated 1953

Utah Code Sections Affected by Coordination Clause: ? 54-17-1201, Utah Code Annotated 1953
? 54-17-1203, as as enacted in H.B. 16 (2026)

Be it enacted by the Legislature of the state of Utah:
The following section is affected by a coordination clause at the end of this bill. Section 1. Section 54-17-1201 is enacted to read:
12. Utility Scale Renewable Energy Facility Wildlife Review 54-17-1201. Wildlife consultation required for utility scale renewable energy facilities.
(1) As used in this section: (a) "Division of Wildlife Resources" means the Division of Wildlife Resources created in Section 23A-2-201.
(b) "Solar power plant" means a facility that: (i) has a nameplate generating capacity in excess of 10 megawatts; and
(ii) converts sunlight into electricity.

(c) "Utility scale renewable energy facility" means a solar power plant or wind power plant.
(d) "Wind power plant" means a facility that: (i) has a nameplate generating capacity in excess of 10 megawatts; and
(ii) converts wind energy into electricity.

(2) As part of an application for a permit to the appropriate local jurisdiction, an owner or operator of a utility scale renewable energy facility shall consult with the Division of Wildlife Resources regarding potential impacts to wildlife and wildlife habitat.
(3) The consultation described in Subsection (2) shall include: (a) submission by the owner or operator to the Division of Wildlife Resources of project location, layout, timeline, and any wildlife surveys conducted;
(b) a meeting between the owner or operator and Division of Wildlife Resources personnel; and
(c) the Division of Wildlife Resources' recommendations for avoiding, minimizing, or mitigating potential impacts to wildlife and wildlife habitat.

(4) The Division of Wildlife Resources shall: (a) within 30 days after the day on which the Division of Wildlife Resources receives a complete consultation request, provide the owner or operator with written recommendations; and
(b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing consultation procedures and standards.

(5) An owner or operator shall include with an application to the appropriate local jurisdiction proof of consultation with the Division of Wildlife Resources and a description of measures the owner or operator will implement to address the Division of Wildlife Resources' recommendations.
(6) The appropriate local jurisdiction shall consider the Division of Wildlife Resources' recommendations when evaluating a permit application for a utility scale renewable energy facility.
(7) This section does not: (a) grant the Division of Wildlife Resources authority to approve or deny a permit application;
(b) require an owner or operator to implement the Division of Wildlife Resources' recommendations; or
(c) limit local jurisdiction authority to approve or deny a permit application.

Section 2. Effective Date.
This bill takes effect on May 6, 2026.

Section 3. Coordinating H.B. 412 with H.B. 16.
If H.B. 412, Energy Development Planning Amendments, and H.B. 16, Solar Power Plant Amendments, both pass and become law, the Legislature intends that, on May 6, 2026: (1) Section 54-17-1201 enacted in H.B. 412 be renumbered to Section 54-17-1301; and (2) Section 54-17-1203 enacted in H.B. 16 be amended to read: "54-17-1203. Consultation requirements. The owner or operator of a solar power plant shall consult with the Division of Wildlife Resources as required by Section 54-17-1301 regarding how the solar power plant could potentially impact wildlife on affected land.".

3-10-26 8:39 AM