Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 241 (2025GS)

Sponsor

Rep. Jack, Colin W.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• establishes eligibility criteria for state incentives for solar power plants based on land characteristics;
• provides for reduction of incentives for solar power plants located on certain protected farmland;
• creates exemptions for solar power plants with existing agreements or incentives;
• requires wildlife impact consultation with state or federal agencies for solar power plants;
• establishes requirements for decommissioning plans and financial assurance for solar power plants;
• creates a permitting process for solar power plants;
• requires submission and approval of development plans for solar power plants; and
• provides for severability.

Every vote on this bill

Bill text

8
54-17-1101
54-17-1102
54-17-1103
54-17-1104
54-17-1105
54-17-1106
Solar Power Plant Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
LONG TITLE
General Description:
This bill enacts provisions related to utility scale solar power plants.
Highlighted Provisions:
This bill:
defines terms;
establishes location and design standards for solar power plants;
sets requirements for lot size, height, setbacks, noise levels, and visual appearance;
prohibits solar power plants in certain areas;
requires a decommissioning plan and fund;
establishes a permit application and review process; and
provides for severability.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
54-17-1101
, Utah Code Annotated 1953
54-17-1102
, Utah Code Annotated 1953
54-17-1103
, Utah Code Annotated 1953
54-17-1104
, Utah Code Annotated 1953
54-17-1105
, Utah Code Annotated 1953
54-17-1106
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
54-17-1101
 is enacted to read:
54-17-1101. Definitions.
As used in this part, "solar power plant" means a utility-scale commercial facility that:
(1)
has a nameplate generating capacity in excess of one megawatt; and
(2)
converts sunlight into electricity for the primary purpose of wholesale or retail sales of 
generated electricity.
Section 2, Section 
54-17-1102
 is enacted to read:
54-17-1102. Location and design standards.
(1)
A solar power plant shall:
(a)
have a minimum lot size of:
(i)
40 acres for a concentrated solar thermal power plant; and
(ii)
10 acres for a photovoltaic solar power plant;
(b)
have a maximum structure height of 20 feet, unless specifically justified and 
permitted;
(c)
establish setbacks of:
(i)
at least 250 feet from all property lines, public road rights-of-way, and intermittent 
waterways;
(ii)
at least 500 feet from perennial rivers and streams;
(iii)
at least 1,500 feet from all residentially zoned lots, existing residences, planned 
residences, animal dwelling structures, and lakes; and
(iv)
at least 0.5 miles from sensitive natural resource areas, wildlife management 
areas, prairies, wetlands, forested areas, known archeology sites, and other 
significant public lands, owned or managed natural resource areas and property, or 
documented privately-owned conservation easement protected natural areas;
(d)
establish noise limitations of:
(i)
40 dBmax at the property line of any neighboring residentially zoned lot, 
residence, or animal dwelling;
(ii)
35 dBmax at the property line of any existing neighboring residentially zoned lot, 
residence, or animal dwelling between the hours of 9:00 p.m. and 7:00 a.m.; and
(iii)
50 dBmax at the property lines of the project boundary, unless the owner of the 
affected property and the planning commission agree to a higher noise level;
(e)
maintain a minimum ground clearance for solar panels that:
(i)
is adequate to allow for ground cover; and
(ii)
does not exceed 20 feet unless a special use permit is granted;
(f)
maintain a 4-mile green space for wildlife, cropland access, and land preservation 
between the nearest solar panel of one solar power plant to the nearest solar panel of 
another solar power plant;
(g)
be limited to an area no more than 1.2 miles in diameter, measured from the farthest 
outside edges of the most distant solar panels in all directions;
(h)
use materials, colors, and textures for buildings and accessory structures that, to the 
extent reasonably possible, will blend the facility into the existing environment;
(i)
comply with local zoning regulations, conditions, and requirements except that a 
local government:
(i)
may place more restrictive conditions and zoning than those contained in this 
section; and
(ii)
may not allow less restrictive conditions than those contained in this section;
(j)
have a defensible space for fire protection in accordance with the state Fire Code;
(k)
use ground cover suitable to the soil and light conditions to maintain the soil and 
prevent excessive runoff;
(l)
maintain control of noxious weeds; and
(m)
minimize and mitigate electromagnetic interference, including interference with 
radio, Internet, telephone, cellular, wireless broadband, Doppler, television signals, or 
any electromagnetic interference caused by the solar power plant or the solar power 
plant's equipment.
(2)
A solar power plant may not be located:
(a)
on productive cropland, grazing land, or forests;
(b)
in an area that requires clear cutting forests, deforestation, filling in wetlands, or 
diverting rivers or streams;
(c)
in habitats of any species protected under the federal Endangered Species Act;
(d)
for a thermal solar power plant:
(i)
in areas the Division of Wildlife Resources or United States Fish and Wildlife 
Service has documented as being used or occupied by bats, including:
(A)
hibernation areas;
(B)
breeding or nursery grounds;
(C)
critical migration corridors; and
(D)
areas where colonies and feeding areas are known to exist; or
(ii)
in areas where the Division of Wildlife Resources or United States Fish and 
Wildlife Service has documented that bald eagles, condors, golden eagles, or other 
protected birds nest or breed; or
(e)
within 1.2 miles of another solar power plant.
(3)
Within municipalities:
(a)
non-environmental setback requirements for solar power plants may be waived by 
the local governing body;
(b)
solar power plants may be prohibited within city or village borders or extraterritorial 
jurisdiction to preserve land use areas for current and future urban growth and 
development; and
(c)
permits may be denied on a case-by-case basis.
Section 3, Section 
54-17-1103
 is enacted to read:
54-17-1103. Site plans and development requirements.
(1)
An applicant for a solar power plant construction permit shall submit to the local 
planning commission:
(a)
a site and development plan; and
(b)
a transportation plan.
(2)
A site and development plan for a solar power plant shall identify:
(a)
all existing and proposed structures;
(b)
setbacks;
(c)
access routes;
(d)
proposed road improvements;
(e)
any existing inhabitable structures and residentially zoned lots within:
(i)
a half mile of a photovoltaic solar project; or
(ii)
one mile of a concentrated thermal solar project;
(f)
existing utilities, pipelines, and transmission lines;
(g)
proposed utility lines;
(h)
utility and maintenance structures;
(i)
existing topographic contours;
(j)
existing and proposed drainage pathways;
(k)
proposed grading;
(l)
areas of natural vegetation removal;
(m)
revegetation areas and methods, with an emphasis on native plants;
(n)
dust and erosion control measures;
(o)
any floodplains or wetlands; and
(p)
other relevant items identified by staff or the planning commission.
(3)
A transportation plan for the construction and operation phases of a solar power plant 
shall:
(a)
indicate by description and map what roads the project will utilize during the 
construction, operation, and maintenance phases; and
(b)
describe the existing surfaces and condition of the roads.
Section 4, Section 
54-17-1104
 is enacted to read:
54-17-1104. Decommissioning plan.
(1)
An owner of a solar power plant shall:
(a)
establish a fund for decommissioning on the basis of reasonable projections of the 
cost to dismantle the plant and restore the site to natural condition;
(b)
make annual contributions to an escrow account established for the purpose of 
funding the decommissioning of a solar power plant each year during the life of the 
solar power plant; and
(c)
update the decommissioning plan every four years to account for changes in the cost 
of the decommissioning as a result of inflation, changes in cost estimates, or removal 
and reclamation and the balance of the fund at the time of this adjustment.
(2)
The decommissioning plan shall be approved by staff as a condition of the permit.
Section 5, Section 
54-17-1105
 is enacted to read:
54-17-1105. Permit application and review.
(1)
A person may not construct a solar power plant without first applying for and receiving 
a solar power plant construction permit.
(2)
An application for constructing a solar power plant shall specify how the location and 
design standards will be met.
(3)
Site and development plans must identify all existing and proposed structures, setbacks, 
access routes, utilities, drainage pathways, areas of vegetation removal, and other 
relevant items identified by staff or the planning commission.
Section 6, Section 
54-17-1106
 is enacted to read:
54-17-1106. Severability.
If any provision of this part or the application of any provision to any person or 
circumstance is held invalid, the remainder of this part shall be given effect without the invalid 
provision or application.
Section 7. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-16-25 1:54 PM