HB 412

 Enrolled Copy  H.B. 412
1Energy Development Planning Amendments
                                       2026 GENERAL SESSION
                                             STATE OF UTAH
                                      Chief Sponsor: Doug Owens
                                    Senate Sponsor: Derrin R. Owens
2
3  LONG TITLE
4  General Description:
5      This bill makes amendments to provisions regulating clean energy sources.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ requires consultation with the Division of Wildlife Resources (division) as part of local
10  government approval of utility scale solar and wind power plant projects;
11      ▸ specifies consultation requirements; and
12      ▸ includes a coordination clause that coordinates with H.B. 16, Solar Power Plant
13  Amendments, regarding wildlife consultation requirements for solar power plants.
14  Money Appropriated in this Bill:
15      None
16  Other Special Clauses:
17      This bill provides a coordination clause.
18  Utah Code Sections Affected:
19  ENACTS:
20      54-17-1201, Utah Code Annotated 1953
21  Utah Code Sections affected by Coordination Clause:
22      54-17-1201, Utah Code Annotated 1953
23      54-17-1203, as as enacted in H.B. 16 (2026)
24
25  Be it enacted by the Legislature of the state of Utah:
26  The following section is affected by a coordination clause at the end of this bill.
27Section 1. Section 54-17-1201 is enacted to read:
 H.B. 412  Enrolled Copy
28Part 12. Utility Scale Renewable Energy Facility Wildlife Review
2954-17-1201 . Wildlife consultation required for utility scale renewable energy
30   facilities.
31   (1) As used in this section:
32(a) "Division of Wildlife Resources" means the Division of Wildlife Resources created
33in Section 23A-2-201.
34(b) "Solar power plant" means a facility that:
35(i) has a nameplate generating capacity in excess of 10 megawatts; and
36(ii) converts sunlight into electricity.
37(c) "Utility scale renewable energy facility" means a solar power plant or wind power
38plant.
39(d) "Wind power plant" means a facility that:
40(i) has a nameplate generating capacity in excess of 10 megawatts; and
41(ii) converts wind energy into electricity.
42   (2) As part of an application for a permit to the appropriate local jurisdiction, an owner or
43operator of a utility scale renewable energy facility shall consult with the Division of
44Wildlife Resources regarding potential impacts to wildlife and wildlife habitat.
45   (3) The consultation described in Subsection (2) shall include:
46(a) submission by the owner or operator to the Division of Wildlife Resources of project
47location, layout, timeline, and any wildlife surveys conducted;
48(b) a meeting between the owner or operator and Division of Wildlife Resources
49personnel; and
50(c) the Division of Wildlife Resources' recommendations for avoiding, minimizing, or
51mitigating potential impacts to wildlife and wildlife habitat.
52   (4) The Division of Wildlife Resources shall:
53(a) within 30 days after the day on which the Division of Wildlife Resources receives a
54complete consultation request, provide the owner or operator with written
55recommendations; and
56(b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
57Rulemaking Act, establishing consultation procedures and standards.
58   (5) An owner or operator shall include with an application to the appropriate local
59jurisdiction proof of consultation with the Division of Wildlife Resources and a
60description of measures the owner or operator will implement to address the Division of
61Wildlife Resources' recommendations.
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 Enrolled Copy  H.B. 412
62  (6) The appropriate local jurisdiction shall consider the Division of Wildlife Resources'
63      recommendations when evaluating a permit application for a utility scale renewable
64      energy facility.
65  (7) This section does not:
66      (a) grant the Division of Wildlife Resources authority to approve or deny a permit
67application;
68      (b) require an owner or operator to implement the Division of Wildlife Resources'
69recommendations; or
70      (c) limit local jurisdiction authority to approve or deny a permit application.
71Section 2. Effective Date.
72  This bill takes effect on May 6, 2026.
73Section 3. Coordinating H.B. 412 with H.B. 16.
74  If H.B. 412, Energy Development Planning Amendments, and H.B. 16, Solar Power
75  Plant Amendments, both pass and become law, the Legislature intends that, on May 6, 2026:
76  (1) Section 54-17-1201 enacted in H.B. 412 be renumbered to Section 54-17-1301; and
77  (2) Section 54-17-1203 enacted in H.B. 16 be amended to read:
78  "54-17-1203. Consultation requirements.
79  The owner or operator of a solar power plant shall consult with the Division of Wildlife
80  Resources as required by Section 54-17-1301 regarding how the solar power plant could
81  potentially impact wildlife on affected land.".
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