UtahUtah law ties solar incentives and permits to land and cleanup rules
Utah law sets land-based limits on state incentives and requires wildlife consultation, local permits, and cleanup plans for solar plants.
What it does
State incentives are unavailable for plants on several protected or productive types of farmland. Some plants on less productive cropland or grazing land may receive half of an eligible incentive.
Solar plant owners and operators must consult wildlife agencies about possible effects on wildlife. Owners of plants with later permits must secure cleanup funds and keep an approved restoration plan updated.
Before building, developers must get local permits and approval of site plans and a cleanup plan. Local officials may not unreasonably withhold approval of the required documents.
Argument forRequired cleanup funds and plans could help ensure land is restored if a covered solar plant stops operating or is abandoned.
Argument againstOwners may face large cleanup costs and planning duties, which could make it harder to build plants that need new local permits.
More detail
The law limits which solar plants may receive state financial support based on the land they use. These rules cover utility-scale solar plants seeking financial support from the state or a state agency. Plants on non-irrigated cropland in capability classes five or six, or grazing land producing 125 to 250 pounds of vegetation per acre in a normal year, may receive half of an eligible incentive. A conservation district may recommend an exemption. For plants partly on protected farmland, incentives are reduced in proportion to the area overlap. The limits do not apply to plants with an interconnection queue position or signed power-sale agreement from before January 1, 2026, or that qualified for or received an incentive before May 6, 2026. The land limits apply to plants whose conditional use permit is issued after May 6, 2026.
Solar plant owners and operators must consult wildlife agencies, and covered owners must secure cleanup funds and maintain a restoration plan. Wildlife consultation applies to owners and operators of solar plants. Cleanup requirements apply to owners of plants whose conditional use permit is issued after May 6, 2026. Owners or operators must consult the Utah Division of Wildlife Resources or the U.S. Fish and Wildlife Service about possible effects on wildlife. For covered plants, financial assurance must cover estimated cleanup and reclamation costs after reasonable salvage value is deducted. An expert hired by the owner and accepted by the local jurisdiction calculates the estimate; the jurisdiction may also require a state-registered engineer. The plan must address site restoration and removal of materials, with exceptions specified in the plan or required by local permitting. If the plant stops operating, is abandoned, or is damaged, the owner must fix a deficiency within 90 days of written notice or submit a later cure date when circumstances beyond the owner's control prevent a timely fix. Covered cleanup plans must be updated every five years from the plant's initial commercial operating date and approved before construction begins.
People must get local permits and plan approval before building a solar plant. These requirements apply to people seeking to build a utility-scale solar plant in a local jurisdiction. Applications must explain how the location and design standards will be met. Site plans must show proposed and existing structures, access, utilities, drainage, vegetation, water and irrigation features, and protected agriculture areas, along with a compliant cleanup plan. Local officials may not unreasonably withhold approval of the required plans and documents. Permits and plan approvals are required before construction begins.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 25Governor Spencer Cox SignedBecame Law
- Mar 16House/ to GovernorTo Governor
- Mar 16House/ received enrolled bill from PrintingMinor
- Mar 12House/ enrolled bill to Printing
- Mar 12Enrolled Bill Returned to House or SenateMinor
- Feb 24Draft of Enrolled Bill Prepared
- Feb 24Bill Received from House for EnrollingMinor
- Feb 20House/ signed by Speaker/ sent for enrollingMajor
- Vote recorded House/ concurs with Senate amendment. Result: pass.Lower
- Feb 20House/ received from SenateMinor
- Feb 20Senate/ to House
- Feb 20Senate/ signed by President/ returned to HouseMajor
- Feb 20Senate/ received from HouseMinor
- Feb 20House/ to Senate
- Feb 20House/ concurs with Senate amendmentMajor
- Feb 19House/ placed on Concurrence Calendar
- Feb 19House/ received from SenateMinor
- Feb 18Senate/ to House with amendments
- Vote recorded Senate/ passed 3rd reading. Result: pass.Upper
- Feb 18Senate/ passed 3rd readingPassed Senate
- Feb 18Senate/ substituted
- Feb 11LFA/ fiscal note publicly available for HB0016S02
- Feb 10LFA/ fiscal note sent to sponsor for HB0016S02
- Feb 9LFA/ fiscal note publicly available for HB0016S01
- Feb 9LFA/ fiscal note sent to sponsor for HB0016S01
- Feb 6LFA/ bill sent to agencies for fiscal input for HB0016S02
- Feb 6LFA/ bill assigned to staff for fiscal analysis for HB0016S02
- Feb 5Senate/ placed on 3rd Reading Calendar table
- Vote recorded Senate/ passed 2nd reading. Result: pass.Upper
- Feb 5Senate/ 3rd readingMinor
- Feb 5Senate/ passed 2nd readingMinor
- Feb 5Senate/ substituted
- Feb 5Senate/ 2nd readingMinor
- Feb 5LFA/ bill sent to agencies for fiscal input for HB0016S01
- Feb 5LFA/ bill assigned to staff for fiscal analysis for HB0016S01
- Feb 2Senate/ placed on 2nd Reading Calendar
- Feb 2Senate/ comm rpt/ amended [Senate Transportation, Public Utilities, Energy, and Technology Committee]Major
- Jan 30Senate Comm - Favorable Recommendation [Senate Transportation, Public Utilities, Energy, and Technology Committee]Minor
- Jan 30Senate Comm - Amendment Recommendation [Senate Transportation, Public Utilities, Energy, and Technology Committee]Minor
- Jan 28Senate/ to standing committee [Senate Transportation, Public Utilities, Energy, and Technology Committee]Minor
- Jan 26Senate/ 1st reading (Introduced)Minor
- Jan 23Senate/ received from HouseMinor
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Jan 23House/ to Senate
- Jan 23House/ passed 3rd readingPassed House
- Jan 23House/ floor amendment
- Jan 23House/ 3rd readingMinor
- Jan 22House/ 2nd readingMinor
- Jan 22House/ committee report favorable [House Public Utilities and Energy Committee]Minor
- Jan 21House Comm - Favorable Recommendation [House Public Utilities and Energy Committee]Minor
- Jan 20House/ to standing committee [House Public Utilities and Energy Committee]Minor
- Jan 20House/ 1st reading (Introduced)Minor
- Jan 14House/ received fiscal note from Fiscal AnalystMinor
- Jan 14House/ received bill from Legislative ResearchMinor
- 2025
- Dec 4LFA/ fiscal note publicly available for HB0016
- Dec 4Numbered Bill Publicly Distributed
- Dec 4Bill Numbered but not Distributed
- Sep 15LFA/ fiscal note sent to sponsor for HB0016
- Sep 2LFA/ bill sent to agencies for fiscal input for HB0016
- Sep 2LFA/ bill assigned to staff for fiscal analysis for HB0016Introduced
Environment & EnergyAgriculture