The signed measure lets the Utah Energy Council form a district that can finance and manage energy facilities, subject to local approvals and bond review.
The council may form one energy infrastructure district to own, operate, and finance facilities within a designated area, but it may not serve retail electricity customers.
Seven council members would also govern the district, with the director and a legislatively designated member sharing council and board leadership beginning July 1, 2026.
Local governments and state land authorities may seek energy development zones, while some baseload projects must be inside a zone to receive local financial incentives.
The Utah Energy Council may form an energy infrastructure service district, which may own, operate, and finance energy facilities. The district may work only within one designated service area and may handle facilities used to generate, transmit, store, or deliver energy. The council must adopt a resolution describing the district, its boundaries, and the proposed facility type. The district exists only after the lieutenant governor issues a certificate of incorporation. Before building or operating a facility in a city or town, the district must obtain required local consent for use of streets or highways. The district may not sell or deliver electricity directly to retail customers or provide service in another provider's certificated territory. The bill takes effect May 6, 2026. The district begins to exist when the lieutenant governor issues its certificate of incorporation.
The council has seven members, uses two co-chairs, and also serves as the district's board of trustees. The council includes the director or designee, governor appointees, legislative leaders' appointees, and two members selected by the other council members with specified energy, finance, utility, or legal experience. The director or designee is one co-chair. The Senate president and House speaker jointly designate the other co-chair from eligible council members. Council members serve on the district board because of their council appointments, without a separate appointment or additional compensation. The director or designee serves as the sole chair until July 1, 2026. Beginning July 1, 2026, the council uses the two-co-chair structure.
Counties, cities, and state land authorities may apply to the council for energy development zones, and the council must decide complete applications within 60 days. The rules cover proposed zones for electrical energy development and the property-tax increase above the area's pre-zone taxable value. Applications must include boundaries, infrastructure information, a development plan, and evidence of local support or land-use consistency. The council must approve an application only when the land and development plan meet stated energy, infrastructure, timing, and economic criteria. Counties and cities generally may not offer financial incentives for baseload energy projects outside a designated zone, with exceptions for municipal projects, intermittent-resource projects, and certain plans approved before July 1, 2026. At least 10% of specified county or city distributions must support affordable housing. The council must decide an application within 60 days after submission. County auditors and treasurers handle the property-tax differential each year after a zone is designated.
No hearings or votes scheduled.