Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 249 (2025GS)

Sponsor

Rep. Albrecht, Carl R.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the Nuclear Energy Consortium within the Office of Energy Development (office) and establishes its membership and duties;
• creates the Utah Energy Council within the office and establishes its membership and duties;
• modifies the duties and name of the Utah San Rafael Energy Lab Board;
• establishes a process for designating electrical energy development zones;
• creates the Electrical Energy Development Investment Fund and provides for its administration;
• establishes authorized uses of fund money; and
• includes a coordination clause to coordinate between this bill and H.B. 70, Decommissioned Asset Disposition Amendments.

Every vote on this bill

Bill text

43
59-2-924
63I-1-279
79-6-102
79-6-1001
79-6-1003
79-6-1004
79-6-1101
79-6-1102
79-6-1103
79-6-1104
79-6-1105
79-6-1106
79-6-1201
79-6-1202
0
Nuclear Power Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Ann Millner
LONG TITLE
General Description:
This bill creates the Nuclear Energy Consortium and the Utah Energy Council, establishes a 
process for designating energy development zones, and creates the Energy Development 
Investment Fund.
Highlighted Provisions:
This bill:
defines terms;
creates the Nuclear Energy Consortium within the Office of Energy Development (office) 
and establishes its membership and duties;
creates the Utah Energy Council within the office and establishes its membership and 
duties;
modifies the duties and name of the Utah San Rafael Energy Lab Board;
establishes a process for designating electrical energy development zones;
creates the Electrical Energy Development Investment Fund and provides for its 
administration;
establishes authorized uses of fund money; and
includes a coordination clause to coordinate between this bill and H.B. 70, 
Decommissioned Asset Disposition Amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
59-2-924
, as last amended by Laws of Utah 2024, Chapter 258
63I-1-279
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
79-6-102
, as last amended by Laws of Utah 2024, Chapters 88, 493
79-6-1001
, as enacted by Laws of Utah 2024, Chapter 496
79-6-1003
, as enacted by Laws of Utah 2024, Chapter 496
79-6-1004
, as enacted by Laws of Utah 2024, Chapter 496
ENACTS:
79-6-1101
, Utah Code Annotated 1953
79-6-1102
, Utah Code Annotated 1953
79-6-1103
, Utah Code Annotated 1953
79-6-1104
, Utah Code Annotated 1953
79-6-1105
, Utah Code Annotated 1953
79-6-1106
, Utah Code Annotated 1953
79-6-1201
, Utah Code Annotated 1953
79-6-1202
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
AMENDS:
79-6-1103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
59-2-924
 is amended to read:
59-2-924
. Definitions -- Report of valuation of property to county auditor and 
commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax 
rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the 
commission.
(1)
As used in this section:
(a)
(i)
"Ad valorem property tax revenue" means revenue collected in accordance with 
this chapter.
(ii)
"Ad valorem property tax revenue" does not include:
(A)
interest;
(B)
penalties;
(C)
collections from redemptions; or
(D)
revenue received by a taxing entity from personal property that is 
semiconductor manufacturing equipment assessed by a county assessor in 
accordance with Part 3, County Assessment.
(b)
"Adjusted tax increment" means the same as that term is defined in Section 
17C-1-102
.
(c)
(i)
"Aggregate taxable value of all property taxed" means:
(A)
the aggregate taxable value of all real property a county assessor assesses in 
accordance with Part 3, County Assessment, for the current year;
(B)
the aggregate taxable value of all real and personal property the commission 
assesses in accordance with Part 2, Assessment of Property, for the current 
year; and
(C)
the aggregate year end taxable value of all personal property a county assessor 
assesses in accordance with Part 3, County Assessment, contained on the prior 
year's tax rolls of the taxing entity.
(ii)
"Aggregate taxable value of all property taxed" does not include the aggregate 
year end taxable value of personal property that is:
(A)
semiconductor manufacturing equipment assessed by a county assessor in 
accordance with Part 3, County Assessment; and
(B)
contained on the prior year's tax rolls of the taxing entity.
(d)
"Base taxable value" means:
(i)
for an authority created under Section 
11-58-201
, the same as that term is defined 
in Section 
11-58-102
;
(ii)
for the Point of the Mountain State Land Authority created in Section 
11-59-201
, 
the same as that term is defined in Section 
11-59-207
;
(iii)
for the Utah Fairpark Area Investment and Restoration District created in Section 
11-70-201
, the same as that term is defined in Section 
11-70-101
;
(iv)
for an agency created under Section 
17C-1-201.5
, the same as that term is 
defined in Section 
17C-1-102
;
(v)
for an authority created under Section 
63H-1-201
, the same as that term is defined 
in Section 
63H-1-102
;
(vi)
for a host local government, the same as that term is defined in Section 
63N-2-502
;
(vii)
for a housing and transit reinvestment zone created under Title 63N, Chapter 3, 
Part 6, Housing and Transit Reinvestment Zone Act, a property's taxable value as 
shown upon the assessment roll last equalized during the base year, as that term is 
defined in Section 
63N-3-602
;
(viii)
for a home ownership promotion zone created under Title 10, Chapter 9a, Part 
10, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 
27a, Part 12, Home Ownership Promotion Zone for Counties, a property's taxable 
value as shown upon the assessment roll last equalized during the base year, as 
that term is defined in Section 
10-9a-1001
 or Section 
17-27a-1201
;
 or
(ix)
for a first home investment zone created under Title 63N, Chapter 3, Part 16, 
First Home Investment Zone Act, a property's taxable value as shown upon the 
assessment roll last equalized during the base year, as that term is defined in 
Section 
63N-3-1601
.
; or
(x)
for an electrical energy development zone created under Section 
79-6-1104
, the 
value of the property within an electrical energy development zone, as shown on 
the assessment roll last equalized before the creation of the electrical development 
zone, as that term is defined in Section 
79-6-1104
.
(e)
"Centrally assessed benchmark value" means an amount equal to the average year 
end taxable value of real and personal property the commission assesses in 
accordance with Part 2, Assessment of Property, for the previous three calendar 
years, adjusted for taxable value attributable to:
(i)
an annexation to a taxing entity;
(ii)
an incorrect allocation of taxable value of real or personal property the 
commission assesses in accordance with Part 2, Assessment of Property; or
(iii)
a change in value as a result of a change in the method of apportioning the value 
prescribed by the Legislature, a court, or the commission in an administrative rule 
or administrative order.
(f)
(i)
"Centrally assessed new growth" means the greater of:
(A)
zero; or
(B)
the amount calculated by subtracting the centrally assessed benchmark value 
adjusted for prior year end incremental value from the taxable value of real and 
personal property the commission assesses in accordance with Part 2, 
Assessment of Property, for the current year, adjusted for current year 
incremental value.
(ii)
"Centrally assessed new growth" does not include a change in value as a result of 
a change in the method of apportioning the value prescribed by the Legislature, a 
court, or the commission in an administrative rule or administrative order.
(g)
"Certified tax rate" means a tax rate that will provide the same ad valorem property 
tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
(h)
"Community reinvestment agency" means the same as that term is defined in Section 
17C-1-102
.
(i)
"Eligible new growth" means the greater of:
(i)
zero; or
(ii)
the sum of:
(A)
locally assessed new growth;
(B)
centrally assessed new growth; and
(C)
project area new growth or hotel property new growth.
(j)
"Host local government" means the same as that term is defined in Section 
63N-2-502
.
(k)
"Hotel property" means the same as that term is defined in Section 
63N-2-502
.
(l)
"Hotel property new growth" means an amount equal to the incremental value that is 
no longer provided to a host local government as incremental property tax revenue.
(m)
"Incremental property tax revenue" means the same as that term is defined in 
Section 
63N-2-502
.
(n)
"Incremental value" means:
(i)
for an authority created under Section 
11-58-201
, the amount calculated by 
multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
property that is located within a project area and on which property tax 
differential is collected; and
(B)
the number that represents the percentage of the property tax differential that 
is paid to the authority;
(ii)
for the Point of the Mountain State Land Authority created in Section 
11-59-201
, 
an amount calculated by multiplying:
(A)
the difference between the current assessed value of the property and the base 
taxable value; and
(B)
the number that represents the percentage of the property tax augmentation, as 
defined in Section 
11-59-207
, that is paid to the Point of the Mountain State 
Land Authority;
(iii)
for the Utah Fairpark Area Investment and Restoration District created in Section 
11-70-201
, the amount calculated by multiplying:
(A)
the difference between the taxable value for the current year and the base 
taxable value of the property that is located within a project area; and
(B)
the number that represents the percentage of enhanced property tax revenue, 
as defined in Section 
11-70-101
;
(iv)
for an agency created under Section 
17C-1-201.5
, the amount calculated by 
multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
property located within a project area and on which tax increment is collected; 
and
(B)
the number that represents the adjusted tax increment from that project area 
that is paid to the agency;
(v)
for an authority created under Section 
63H-1-201
, the amount calculated by 
multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
property located within a project area and on which property tax allocation is 
collected; and
(B)
the number that represents the percentage of the property tax allocation from 
that project area that is paid to the authority;
(vi)
for a housing and transit reinvestment zone created pursuant to Title 63N, 
Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, an amount 
calculated by multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
property that is located within a housing and transit reinvestment zone and on 
which tax increment is collected; and
(B)
the number that represents the percentage of the tax increment that is paid to 
the housing and transit reinvestment zone;
(vii)
for a host local government, an amount calculated by multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
hotel property on which incremental property tax revenue is collected; and
(B)
the number that represents the percentage of the incremental property tax 
revenue from that hotel property that is paid to the host local government;
(viii)
for a home ownership promotion zone created under Title 10, Chapter 9a, Part 
10, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 
27a, Part 12, Home Ownership Promotion Zone for Counties, an amount 
calculated by multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
property that is located within a home ownership promotion zone and on which 
tax increment is collected; and
(B)
the number that represents the percentage of the tax increment that is paid to 
the home ownership promotion zone;
 or
(ix)
for a first home investment zone created pursuant to Title 63N, Chapter 3, Part 
16, First Home Investment Zone Act, an amount calculated by multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
property that is located within a first home investment zone and on which tax 
increment is collected; and
(B)
the number that represents the percentage of the tax increment that is paid to 
the first home investment zone
.
; or
(x)
for an electrical energy development zone created under Section 
79-6-1104
, the 
amount calculated by multiplying:
(A)
the difference between the taxable value and the base taxable value of the 
property that is located within the electrical energy developmental zone; and
(B)
the number that represents the percentage of the tax increment that is paid to a 
community reinvestment agency and the Electrical Energy Development 
Investment Fund created in Section 
79-6-1105
.
(o)
(i)
"Locally assessed new growth" means the greater of:
(A)
zero; or
(B)
the amount calculated by subtracting the year end taxable value of real 
property the county assessor assesses in accordance with Part 3, County 
Assessment, for the previous year, adjusted for prior year end incremental 
value from the taxable value of real property the county assessor assesses in 
accordance with Part 3, County Assessment, for the current year, adjusted for 
current year incremental value.
(ii)
"Locally assessed new growth" does not include a change in:
(A)
value as a result of factoring in accordance with Section 
59-2-704
, reappraisal, 
or another adjustment;
(B)
assessed value based on whether a property is allowed a residential exemption 
for a primary residence under Section 
59-2-103
;
(C)
assessed value based on whether a property is assessed under Part 5, Farmland 
Assessment Act; or
(D)
assessed value based on whether a property is assessed under Part 17, Urban 
Farming Assessment Act.
(p)
"Project area" means:
(i)
for an authority created under Section 
11-58-201
, the same as that term is defined 
in Section 
11-58-102
;
(ii)
for the Utah Fairpark Area Investment and Restoration District created in Section 
11-70-201
, the same as that term is defined in Section 
11-70-101
;
(iii)
for an agency created under Section 
17C-1-201.5
, the same as that term is 
defined in Section 
17C-1-102
; or
(iv)
for an authority created under Section 
63H-1-201
, the same as that term is 
defined in Section 
63H-1-102
.
(q)
"Project area new growth" means:
(i)
for an authority created under Section 
11-58-201
, an amount equal to the 
incremental value that is no longer provided to an authority as property tax 
differential;
(ii)
for the Point of the Mountain State Land Authority created in Section 
11-59-201
, 
an amount equal to the incremental value that is no longer provided to the Point of 
the Mountain State Land Authority as property tax augmentation, as defined in 
Section 
11-59-207
;
(iii)
for the Utah Fairpark Area Investment and Restoration District created in Section 
11-70-201
, an amount equal to the incremental value that is no longer provided to 
the Utah Fairpark Area Investment and Restoration District;
(iv)
for an agency created under Section 
17C-1-201.5
, an amount equal to the 
incremental value that is no longer provided to an agency as tax increment;
(v)
for an authority created under Section 
63H-1-201
, an amount equal to the 
incremental value that is no longer provided to an authority as property tax 
allocation;
(vi)
for a housing and transit reinvestment zone created under Title 63N, Chapter 3, 
Part 6, Housing and Transit Reinvestment Zone Act, an amount equal to the 
incremental value that is no longer provided to a housing and transit reinvestment 
zone as tax increment;
(vii)
for a home ownership promotion zone created under Title 10, Chapter 9a, Part 
10, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 
27a, Part 12, Home Ownership Promotion Zone for Counties, an amount equal to 
the incremental value that is no longer provided to a home ownership promotion 
zone as tax increment; or
(viii)
for a first home investment zone created under Title 63N, Chapter 3, Part 16, 
First Home Investment Zone Act, an amount equal to the incremental value that is 
no longer provided to a first home investment zone as tax increment.
(r)
"Project area incremental revenue" means the same as that term is defined in Section 
17C-1-1001
.
(s)
"Property tax allocation" means the same as that term is defined in Section 
63H-1-102
.
(t)
"Property tax differential" means the same as that term is defined in 
Section
Sections
11-58-102
.
 and 
79-6-1104
.
(u)
"Qualifying exempt revenue" means revenue received:
(i)
for the previous calendar year;
(ii)
by a taxing entity;
(iii)
from tangible personal property contained on the prior year's tax rolls that is 
exempt from property tax under Subsection 
59-2-1115
(2)(b) for a calendar year 
beginning on January 1, 2022; and
(iv)
on the aggregate 2021 year end taxable value of the tangible personal property 
that exceeds $15,300.
(v)
"Tax increment" means:
(i)
for a project created under Section 
17C-1-201.5
, the same as that term is defined 
in Section 
17C-1-102
;
(ii)
for a housing and transit reinvestment zone created under Title 63N, Chapter 3, 
Part 6, Housing and Transit Reinvestment Zone Act, the same as that term is 
defined in Section 
63N-3-602
;
(iii)
for a home ownership promotion zone created under Title 10, Chapter 9a, Part 
10, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 
27a, Part 12, Home Ownership Promotion Zone for Counties, the same as that 
term is defined in Section 
10-9a-1001
 or Section 
17-27a-1201
; or
(iv)
for a first home investment zone created under Title 63N, Chapter 3, Part 16, 
First Home Investment Zone Act, the same as that term is defined in Section 
63N-3-1601
.
(2)
Before June 1 of each year, the county assessor of each county shall deliver to the 
county auditor and the commission the following statements:
(a)
a statement containing the aggregate valuation of all taxable real property a county 
assessor assesses in accordance with Part 3, County Assessment, for each taxing 
entity; and
(b)
a statement containing the taxable value of all personal property a county assessor 
assesses in accordance with Part 3, County Assessment, from the prior year end 
values.
(3)
The county auditor shall, on or before June 8, transmit to the governing body of each 
taxing entity:
(a)
the statements described in Subsections (2)(a) and (b);
(b)
an estimate of the revenue from personal property;
(c)
the certified tax rate; and
(d)
all forms necessary to submit a tax levy request.
(4)
(a)
Except as otherwise provided in this section, the certified tax rate shall be 
calculated by dividing the ad valorem property tax revenue that a taxing entity 
budgeted for the prior year minus the qualifying exempt revenue by the amount 
calculated under Subsection (4)(b).
(b)
For purposes of Subsection (4)(a), the legislative body of a taxing entity shall 
calculate an amount as follows:
(i)
calculate for the taxing entity the difference between:
(A)
the aggregate taxable value of all property taxed; and
(B)
any adjustments for current year incremental value;
(ii)
after making the calculation required by Subsection (4)(b)(i), calculate an amount 
determined by increasing or decreasing the amount calculated under Subsection 
(4)(b)(i) by the average of the percentage net change in the value of taxable 
property for the equalization period for the three calendar years immediately 
preceding the current calendar year;
(iii)
after making the calculation required by Subsection (4)(b)(ii), calculate the 
product of:
(A)
the amount calculated under Subsection (4)(b)(ii); and
(B)
the percentage of property taxes collected for the five calendar years 
immediately preceding the current calendar year; and
(iv)
after making the calculation required by Subsection (4)(b)(iii), calculate an 
amount determined by:
(A)
multiplying the percentage of property taxes collected for the five calendar 
years immediately preceding the current calendar year by eligible new growth; 
and
(B)
subtracting the amount calculated under Subsection (4)(b)(iv)(A) from the 
amount calculated under Subsection (4)(b)(iii).
(5)
A certified tax rate for a taxing entity described in this Subsection (5) shall be calculated 
as follows:
(a)
except as provided in Subsection (5)(b) or (c), for a new taxing entity, the certified 
tax rate is zero;
(b)
for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
(i)
in a county of the first, second, or third class, the levy imposed for municipal-type 
services under Sections 
17-34-1
 and 
17-36-9
; and
(ii)
in a county of the fourth, fifth, or sixth class, the levy imposed for general county 
purposes and such other levies imposed solely for the municipal-type services 
identified in Section 
17-34-1
 and Subsection 
17-36-3
(23);
(c)
for a community reinvestment agency that received all or a portion of a taxing 
entity's project area incremental revenue in the prior year under Title 17C, Chapter 1, 
Part 10, Agency Taxing Authority, the certified tax rate is calculated as described in 
Subsection (4) except that the commission shall treat the total revenue transferred to 
the community reinvestment agency as ad valorem property tax revenue that the 
taxing entity budgeted for the prior year; and
(d)
for debt service voted on by the public, the certified tax rate is the actual levy 
imposed by that section, except that a certified tax rate for the following levies shall 
be calculated in accordance with Section 
59-2-913
 and this section:
(i)
a school levy provided for under Section 
53F-8-301
, 
53F-8-302
, or 
53F-8-303
; and
(ii)
a levy to pay for the costs of state legislative mandates or judicial or 
administrative orders under Section 
59-2-1602
.
(6)
(a)
A judgment levy imposed under Section 
59-2-1328
 or 
59-2-1330
 may be imposed 
at a rate that is sufficient to generate only the revenue required to satisfy one or more 
eligible judgments.
(b)
The ad valorem property tax revenue generated by a judgment levy described in 
Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate 
certified tax rate.
(7)
(a)
For the purpose of calculating the certified tax rate, the county auditor shall use:
(i)
the taxable value of real property:
(A)
the county assessor assesses in accordance with Part 3, County Assessment; 
and
(B)
contained on the assessment roll;
(ii)
the year end taxable value of personal property:
(A)
a county assessor assesses in accordance with Part 3, County Assessment; and
(B)
contained on the prior year's assessment roll; and
(iii)
the taxable value of real and personal property the commission assesses in 
accordance with Part 2, Assessment of Property.
(b)
For purposes of Subsection (7)(a), taxable value does not include eligible new 
growth.
(8)
(a)
On or before June 30, a taxing entity shall annually adopt a tentative budget.
(b)
If a taxing entity intends to exceed the certified tax rate, the taxing entity shall notify 
the county auditor of:
(i)
the taxing entity's intent to exceed the certified tax rate; and
(ii)
the amount by which the taxing entity proposes to exceed the certified tax rate.
(c)
The county auditor shall notify property owners of any intent to levy a tax rate that 
exceeds the certified tax rate in accordance with Sections 
59-2-919
 and 
59-2-919.1
.
(9)
(a)
Subject to Subsection (9)(d), the commission shall provide notice, through 
electronic means on or before July 31, to a taxing entity and the Revenue and 
Taxation Interim Committee if:
(i)
the amount calculated under Subsection (9)(b) is 10% or more of the year end 
taxable value of the real and personal property the commission assesses in 
accordance with Part 2, Assessment of Property, for the previous year, adjusted 
for prior year end incremental value; and
(ii)
the amount calculated under Subsection (9)(c) is 50% or more of the total year 
end taxable value of the real and personal property of a taxpayer the commission 
assesses in accordance with Part 2, Assessment of Property, for the previous year.
(b)
For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by 
subtracting the taxable value of real and personal property the commission assesses 
in accordance with Part 2, Assessment of Property, for the current year, adjusted for 
current year incremental value, from the year end taxable value of the real and 
personal property the commission assesses in accordance with Part 2, Assessment of 
Property, for the previous year, adjusted for prior year end incremental value.
(c)
For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by 
subtracting the total taxable value of real and personal property of a taxpayer the 
commission assesses in accordance with Part 2, Assessment of Property, for the 
current year, from the total year end taxable value of the real and personal property of 
a taxpayer the commission assesses in accordance with Part 2, Assessment of 
Property, for the previous year.
(d)
The notification under Subsection (9)(a) shall include a list of taxpayers that meet the 
requirement under Subsection (9)(a)(ii).
Section 2, Section 
63I-1-279
 is amended to read:
63I-1-279
. Repeal dates: Title 79.
(1)
Subsection 
79-2-201
(2)(o), regarding the Utah Outdoor Recreation Infrastructure 
Advisory Committee, is repealed July 1, 2027.
(2)
Subsection 
79-2-201
(2)(p)(i), regarding an advisory council created by the Division of 
Outdoor Recreation to advise on boating policies, is repealed July 1, 2029.
(3)
Subsection 
79-2-201
(2)(q), regarding the Wildlife Board Nominating Committee, is 
repealed July 1, 2028.
(4)
Subsection 
79-2-201
(2)(r), regarding regional advisory councils for the Wildlife Board, 
is repealed July 1, 2028.
(5)
Section 
79-7-206
, Utah Outdoor Recreation Infrastructure Advisory Committee, is 
repealed July 1, 2027.
(6)
Title 79, Chapter 7, Part 7, Private Maintenance, is repealed July 1, 2029.
(7)
Title 79, Chapter 8, Part 4, Outdoor Recreational Infrastructure Grant Program, is 
repealed January 1, 2028.
(8)
Title 79, Chapter 6, Part 12, Nuclear Energy Consortium, is repealed July 1, 2027.
Section 3, Section 
79-6-102
 is amended to read:
79-6-102
. Definitions.
As used in this chapter:
(1)
"Adequate" means an amount of energy sufficient to continuously meet demand from 
under normal conditions, not including planned outages and temporary service 
disruptions.
(2)
"Affordable" means priced to be accessible to the population without causing financial 
strain or compromising basic needs, quality of life, or well-being.
(3)
"Clean" means minimizing adverse environmental impact and able to meet state 
standards for environmental quality.
(4)
"Consortium" means the Nuclear Energy Consortium created in Section 
79-6-1201
.
(5)
"Council" means the Utah Energy Council established in Section 
79-6-1101
.
(6)
"Director" means the director of the office.
(4)
(7)
"Dispatchable" means available for use on demand and generally available to be 
delivered at a time and quantity of the operator's choosing.
(5)
(8)
"Electrical corporation" means the same as that term is defined in Section 
54-2-1
.
(9)
"Electrical energy development zone" means a geographic area designated by the 
council under Section 
79-6-1104
 for baseload electrical energy infrastructure 
development.
(6)
(10)
"Gas corporation" means the same as that term is defined in Section 
54-2-1
.
(7)
(11)
"Intermittent" means available for use on a variable basis that is dependent on 
elements outside of the control of the operator.
(8)
(12)
"Office" means the Office of Energy Development created in Section 
79-6-401
.
(9)
(13)
(a)
"Reliable" means supporting a system generally able to provide a continuous 
supply and the resiliency to withstand sudden or unexpected disturbances.
(b)
"Reliable" includes, for systems delivering electricity, the ability to provide 
electricity at the proper voltage and frequency.
(10)
(14)
"Secure" means protected against disruption, tampering, and external 
interference.
(11)
(15)
"Sustainable" means domestically sourced and able to provide affordable, 
reliable energy in adequate quantities for current and future generations without 
compromising economic prosperity or environmental health.
(12)
(16)
"Governmental entity" means:
(a)
any department, agency, board, commission, or other instrumentality of the state; or
(b)
a political subdivision of the state.
Section 4, Section 
79-6-1001
 is amended to read:
79-6-1001
. Definitions.
As used in this part:
(1)
"Board" means the 
Utah San Rafael Energy Lab Board
Utah Energy Research Board
established in Section 
79-6-1003
.
(2)
"Council" means the Utah Energy Council established in Section 
79-6-1101
.
(2)
(3)
"Director" means the director of the Office of Energy Development as defined in 
Section 
79-6-401
.
(3)
(4)
"Fund" means the Utah Energy Research Fund established in Section 
79-6-1002
.
(5)
"Institute" means the Utah Advanced Nuclear and Energy Institute established as a 
partnership between the state, the Idaho National Laboratory, and public and private 
institutions of higher education located in the state.
(4)
(6)
"Lab" means the Utah San Rafael Energy Lab established in Section 
79-6-1004
.
(5)
(7)
"Lab director" means the director appointed under Section 
79-6-1004
 to oversee the 
lab.
(6)
(8)
"Project proposal" means a formal written submission to the board applying for 
approval of a specific research initiative conducted at the lab.
(7)
(9)
"Office" means the Office of Energy Development as defined in Section 
79-6-401
.
Section 5, Section 
79-6-1003
 is amended to read:
79-6-1003
. Utah Energy Research Board -- Duties -- Expenses.
(1)
There is established in the office the 
Utah San Rafael Energy Lab Board
Utah Energy 
Research Board
 that is composed of the following 
nine 
voting board members:
(a)
the director, or the director's designee, who shall serve as the chair of the board;
(b)
the president of the University of Utah or the president's designee;
(c)
the president of Utah State University or the president's designee;
(b)
the president, or the president's designee, of each public and private university in the 
state that is classified as a Research 1 institution by the Carnegie Classification of 
Institutions of Higher Education;
(d)
(c)
the commissioner of higher education, as described in Section 
53B-1-408
, or the 
commissioner's designee;
(e)
(d)
one member, who is not a legislator, with experience in the non-regulated 
energy industry appointed by the speaker of the House of Representatives;
(f)
(e)
one member, who is not a legislator, with experience in energy 
commercialization appointed by the president of the Senate;
(g)
(f)
one member appointed by the governor who resides in a county of the third, 
fourth, fifth, or sixth class as described in Section 
17-50-501
;
 and
(h)
(g)
one member appointed by the director representing the Idaho National 
Laboratory; and
(h)
two members appointed by the 
office
director
 with relevant expertise in energy 
research and development.
(2)
(a)
The term of an appointed board member is four years.
(b)
Notwithstanding Subsection (2)(a), the person making an appointment shall, at the 
time of appointment or reappointment, adjust the length of board member terms to 
ensure the terms of board members are staggered so that approximately half of the 
board is constituted of new members every two years.
(c)
The person who appoints a member under Subsection (1) may remove an appointee 
who was appointed by the person for cause.
(d)
The person who appoints a member under Subsection (1) shall fill a vacancy on the 
board in the same manner as provided in Subsection (1).
(e)
An individual appointed to fill a vacancy shall serve the remaining unexpired term.
(f)
Unless removed for cause under Subsection (2)(c) a board member shall serve until a 
successor is appointed.
(3)
(a)
A majority of the board constitutes a quorum.
(b)
A majority vote of the quorum is required for an action to be taken by the board.
(4)
The board shall:
(a)
oversee and supervise the management of:
(i)
the lab; and
(ii)
the institute;
(b)
appoint directors for the lab and institute, who shall serve at the pleasure of the board;
(c)
establish reasonable compensation for:
(i)
the lab director; and
(ii)
the institute director;
(d)
develop and implement:
(i)
bylaws to govern the lab; and
(ii)
bylaws to govern the institute;
(e)
establish policies for:
(i)
joint appointments between the Idaho National Laboratory and public and private 
institutions of higher education;
(ii)
research partnerships between institutions;
(iii)
technology commercialization; and
(iv)
workforce development initiatives;
(f)
foster innovation and support technological development in the energy sector by 
collaborating with industry leaders, researchers, entrepreneurs, investors, and other 
stakeholders;
(b)
(g)
identify areas of economic growth and workforce development opportunities 
related to emerging energy technologies and solutions;
(c)
(h)
seek potential investors and partners from the technology, finance, and business 
sectors to support innovative research and early-stage ventures focused on 
developing commercially viable energy technologies in the state;
(d)
in consultation with the lab, identify and prioritize high-impact research projects for 
the lab aligned to the state's energy policy goals;
(e)
(i)
develop evaluation criteria for approving project proposals, with input from the 
lab director, including:
(i)
alignment with state energy policy priorities;
(ii)
commercialization potential;
(iii)
economic impact; and
(iv)
other relevant factors as determined by the board;
(f)
recommend allocation of lab resources for project proposals;
(g)
(j)
approve providing matching grants to applicants under the Utah Energy 
Research Grant Program created in Section 
79-6-403
; and
(h)
consult with relevant stakeholders for input on energy research priorities and 
potential collaborations.
(k)
make recommendations to the council regarding funding allocations for:
(i)
research projects;
(ii)
facility operations;
(iii)
workforce development programs; and
(iv)
technology commercialization initiatives;
(l)
administer the funds allocated by the council to the board;
(m)
coordinate energy research activities between:
(i)
the lab;
(ii)
the institute;
(iii)
public and private institutions of higher education;
(iv)
the Idaho National Laboratory; and
(v)
industry partners;
(n)
review and approve annual reports from the lab and institute directors;
(o)
report annually to:
(i)
the governor;
(ii)
the Public Utilities, Energy, and Technology Interim Committee; and
(iii)
the Education Interim Committee;
(p)
engage with industry partners to:
(i)
identify research needs;
(ii)
develop workforce programs;
(iii)
commercialize technologies; and
(iv)
secure additional funding sources;
(q)
coordinate with federal agencies on:
(i)
research initiatives;
(ii)
grant opportunities; and
(iii)
regulatory compliance;
(r)
provide quarterly reports to the Utah Energy Council regarding:
(i)
ongoing research projects and the research projects' alignment with state energy 
goals;
(ii)
potential commercialization opportunities;
(iii)
emerging technologies and the potential impact on the state's energy landscape; 
and
(iv)
recommendations for policy changes or initiatives to support energy innovation; 
and
(s)
coordinate with the council on:
(i)
strategic planning for statewide energy research initiatives;
(ii)
identifying priority research areas that align with state energy policy;
(iii)
developing frameworks for public-private partnerships in energy research; and
(iv)
establishing metrics for measuring research outcomes and impact.
(5)
A member may not receive compensation or benefits for the member's service, but may 
receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(6)
The board shall meet at least quarterly and may hold additional meetings as necessary to 
review project proposals.
Section 6, Section 
79-6-1004
 is amended to read:
79-6-1004
. Utah San Rafael Energy Lab established -- Lab director.
(1)
There is established within the office a program and facility known as the Utah San 
Rafael Energy Lab to facilitate innovative energy research and development projects.
(2)
The lab shall:
(a)
receive and evaluate project proposals;
(b)
submit recommendations to the board for approval regarding specific project 
proposals based on the lab's evaluation;
(c)
conduct innovative energy technology research and development projects that have 
commercialization potential and support the state's energy policy goals;
(d)
enter into financial contracts with entities seeking to use the lab, with revenues 
deposited into the Utah Energy Research Fund created in Section 
79-6-1002
;
(e)
assess the viability of emerging energy solutions for deployment within the state, 
considering:
(i)
cost-effectiveness;
(ii)
dispatchability;
(iii)
sustainability;
(iv)
reliability; and
(v)
environmental impact;
(f)
provide analysis and recommendations to policymakers regarding energy system 
planning, infrastructure needs, and the value of different energy initiatives being 
considered within the state; and
(g)
collaborate with universities, industry partners, entrepreneurs, community 
representatives, and other research entities.
(3)
(a)
The director shall appoint a full-time lab director with the consent of the board 
to oversee the day-to-day operations of the lab.
(b)
The lab director shall report to the director.
(c)
As funding allows, the office may employ staff to support the lab's operations.
Section 7, Section 
79-6-1101
 is enacted to read:
11. Utah Energy Council
79-6-1101
. Utah Energy Council -- Creation and purpose.
(1)
There is created within the office the Utah Energy Council.
(2)
The purpose of the council is to facilitate the development of baseload electrical energy 
generation and transmission projects within the state, including:
(a)
power plants;
(b)
transmission lines;
(c)
energy storage facilities; and
(d)
related infrastructure.
Section 8, Section 
79-6-1102
 is enacted to read:
79-6-1102
. Council composition -- Appointment -- Terms -- Staffing.
(1)
The council shall be composed of:
(a)
the director or the director's designee, who shall serve as chair of the council;
(b)
two individuals appointed by the governor;
(c)
one individual appointed by the president of the Senate; and
(d)
one individual appointed by the speaker of the House of Representatives.
(2)
(a)
Except as provided in Subsection (2)(b), a council member appointed under 
Subsection (1):
(i)
shall serve a four-year term;
(ii)
may be removed by the appointing authority;
(iii)
may be reappointed; and
(iv)
continues to serve until the member's successor is appointed and qualified.
(b)
Initial terms for the appointed council members shall be staggered as follows:
(i)
one member appointed by the governor under Subsection (1)(b) shall serve a 
two-year term;
(ii)
one member appointed by the governor under Subsection (1)(b) shall serve a 
three-year term;
(iii)
the member appointed by the president of the Senate under Subsection (1)(c) 
shall serve a four-year term; and
(iv)
the member appointed by the speaker of the House of Representatives under 
Subsection (1)(d) shall serve a two-year term.
(3)
When a vacancy occurs in the membership for any reason, the replacement shall be 
appointed by the relevant appointing authority for the unexpired term.
(4)
(a)
A majority of council members constitutes a quorum for conducting council 
business.
(b)
A majority vote of the quorum present is required for any action taken by the council.
(5)
The council shall meet:
(a)
at least quarterly; and
(b)
at the call of the chair or a majority of the council members.
(6)
(a)
A council member who is not a legislator may not receive compensation or 
benefits for the member's service but may receive per diem and travel expenses in 
accordance with:
(i)
Section 
63A-3-106
;
(ii)
Section 
63A-3-107
; and
(iii)
rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(b)
Compensation and expenses of a council member who is a legislator are governed by 
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and 
Expenses.
(7)
The office shall provide staff support to the council.
Section 9, Section 
79-6-1103
 is enacted to read:
79-6-1103
. Council powers and duties.
(1)
The council shall:
(a)
coordinate and facilitate baseload electrical energy project development, including:
(i)
site identification and permitting;
(ii)
early site preparation work;
(iii)
infrastructure improvements;
(iv)
project financing assistance; and
(v)
stakeholder coordination;
(b)
assess and facilitate electrical energy infrastructure development by:
(i)
evaluating infrastructure needs and opportunities;
(ii)
coordinating with transmission and pipeline developers;
(iii)
supporting utility planning efforts; and
(iv)
coordinating with federal agencies;
(c)
establish and implement:
(i)
strategic plans for energy development;
(ii)
frameworks for stakeholder engagement;
(iii)
processes for designating electrical energy development zones; and
(iv)
criteria for evaluating proposed electrical energy development zones;
(d)
review and approve:
(i)
research project proposals from the board; and
(ii)
funding allocations recommended by the board;
(e)
consult with state land use authorities regarding:
(i)
identification of state lands suitable for electrical energy development;
(ii)
designation of electrical energy development zones; and
(iii)
opportunities for coordinated development of electrical energy projects on state 
lands;
(f)
administer the Electrical Energy Development Investment Fund created in Section 
79-6-1105
;
(g)
make recommendations regarding electrical energy policy to state and local 
governments;
(h)
identify and recommend solutions to barriers affecting electrical energy development;
(i)
assess and address potential public health impacts of electrical energy development 
zones;
(j)
enter into contracts necessary to fulfill the council's duties; and
(k)
report annually by October 31 to the Public Utilities, Energy, and Technology 
Interim Committee and the Natural Resources, Agriculture, and Environment Interim 
Committee regarding:
(i)
the council's activities;
(ii)
energy development opportunities;
(iii)
infrastructure needs;
(iv)
the status of designated electrical energy development zones;
(v)
recommendations for how the property tax differential revenue collected under 
Section 
79-6-1104
 should be divided and distributed between the state, counties, 
and municipalities;
(vi)
investment decisions made by the council; and
(vii)
recommended policy changes.
(2)
The council shall negotiate with the applicable county or municipality regarding the 
distribution of property tax differential revenue collected under Section 
79-6-1104
.
(3)
Any portion of the property tax differential that is not distributed to the council shall be 
distributed to the applicable county or municipality for impact mitigation and affordable 
housing.
(4)
(a)
The portion of the property tax differential that is distributed to the municipality 
shall be used for:
(i)
at least 10% of the total distribution shall be used for affordable housing 
programs; and
(ii)
the remaining portion shall be used to mitigate impacts within the municipality 
resulting from electrical energy development.
(b)
The portion of the property tax differential that is distributed to the county shall be 
used for:
(i)
at least 10% of the total distribution shall be placed in a registered non-profit 
established to administer housing programs on behalf of an association 
representing 10 or more counties in the state; and
(ii)
the remaining portion shall be used to mitigate impacts within the county 
resulting from electrical energy development.
Section 10, Section 
79-6-1104
 is enacted to read:
79-6-1104
. Electrical energy development zones -- Property tax differential.
(1)
As used in this section:
(a)
"Base taxable value" means the value of property within an electrical energy 
development zone, as shown on the assessment roll last equalized before the creation 
of the electrical energy development zone.
(b)
"Community reinvestment agency" means the same as that term is defined in Section 
17C-1-102
.
(c)
"Community reinvestment project area" means the same as that term is defined in 
Section 
17C-1-102
.
(d)
"Municipal power project" means an electrical energy project that:
(i)
is operated by or on behalf of a municipality; and
(ii)
exclusively serves customers within that municipality's jurisdictional boundaries.
(e)
"Property tax differential" means the difference between:
(i)
the amount of property tax revenues generated each tax year by all taxing entities 
from an electrical energy development zone, using the current assessed value of 
the property; and
(ii)
the amount of property tax revenues that would be generated from that same area 
using the base taxable value of the property.
(f)
"State land use authority" means:
(i)
the Utah Inland Port Authority created in Section 
11-58-201
;
(ii)
the Military Installation Development Authority created in Section 
63H-1-201
;
(iii)
the School and Institutional Trust Lands Administration created in Section 
53C-1-201
; or
(iv)
any other land use authority created by the state that has jurisdiction over state 
lands.
(2)
(a)
Except as provided in Subsection (2)(b), a county or municipality may not offer 
financial incentives for a baseload electrical energy project that is not located within 
a designated electrical energy development zone.
(b)
Subsection (2)(a) does not apply to:
(i)
financial incentives offered for:
(A)
a municipal power project; or
(B)
an electrical energy project that exclusively utilizes intermittent resources; or
(ii)
an electrical energy project for which a project area plan has been approved 
before July 1, 2026.
(3)
A county or municipality may:
(a)
pass a resolution declaring an intent to establish within the county or municipality 
boundaries an energy development zone;
(b)
enter into an interlocal agreement with the council outlining each parties' 
responsibilities relating to an energy development zone; and
(c)
apply to the council for the designation of an electrical energy development zone by 
submitting:
(i)
a description of the proposed boundaries of the electrical energy development 
zone;
(ii)
an assessment of existing electrical energy infrastructure within and proximate to 
the proposed electrical energy development zone;
(iii)
a development plan that includes:
(A)
proposed electrical energy development projects;
(B)
anticipated infrastructure improvements;
(C)
projected economic benefits to the county; and
(D)
evidence of local support including any interlocal agreement entered into 
between the county or municipality and the council, as applicable;
(iv)
if the applicant is a municipality, evidence of coordination with the county in 
which the proposed electrical energy development zone is located, including any 
interlocal agreement entered into between the county or municipality and the 
council, as applicable;
(v)
if the applicant is a county and any portion of the proposed electrical energy 
development zone is within the boundaries of a municipality, evidence of an 
agreement with the municipality regarding the establishment of the electrical 
energy development zone; and
(vi)
any other information required by the council.
(4)
A state land use authority may:
(a)
propose an electrical energy development zone within lands under its jurisdiction; and
(b)
apply to the council for the designation of an electrical energy development zone by 
submitting:
(i)
a description of the proposed boundaries of the electrical energy development 
zone;
(ii)
an assessment of existing electrical energy infrastructure within and proximate to 
the proposed electrical energy development zone;
(iii)
a development plan that includes:
(A)
proposed electrical energy development projects;
(B)
anticipated infrastructure improvements; and
(C)
projected economic benefits;
(iv)
evidence that the proposed zone is consistent with applicable land use plans and 
regulations; and
(v)
any other information required by the council.
(5)
The council shall:
(a)
approve an application for electrical energy development zone designation if the 
application demonstrates:
(i)
the proposed electrical energy development zone includes land suitable for 
electrical energy development based on:
(A)
access to electrical energy resources;
(B)
proximity to existing or planned transmission infrastructure;
(C)
adequate transportation access; and
(D)
sufficient land area for proposed development; and
(ii)
the development plan:
(A)
aligns with state energy policy under Section 
79-6-301
;
(B)
includes realistic timelines and milestones;
(C)
identifies specific infrastructure improvements; and
(D)
quantifies projected economic benefits;
(b)
make a determination on an application within 60 days of submission;
(c)
provide written notice to the county or municipality explaining the basis for approval 
or denial;
(d)
if an electrical energy development zone overlaps with an area designated by a 
community reinvestment agency as a community reinvestment project area as of May 
7, 2025, enter into an agreement with the community reinvestment agency to 
determine the percentage division of the property tax differential between:
(i)
the Electrical Energy Development Investment Fund; and
(ii)
the community reinvestment agency; and
(e)
if an electrical energy development zone overlaps with an inland port project, enter 
into an agreement with the Utah Inland Port Authority to determine the percentage 
division of the property tax differential between:
(i)
the Electrical Energy Development Investment Fund; and
(ii)
the Utah Inland Port Authority created in Section 
11-58-201
.
(6)
Within 30 days after the council designates an electrical energy development zone:
(a)
the county auditor shall certify to the council the base taxable value of property 
within the electrical energy development zone; and
(b)
the county shall transmit to the council copies of the property tax assessment rolls for 
all property within the electrical energy development zone.
(7)
(a)
Each year, the county auditor shall:
(i)
determine the amount of the property tax differential for the electrical energy 
development zone by comparing:
(A)
the current assessed value of property within the electrical energy 
development zone; and
(B)
the base taxable value of property within the electrical energy development 
zone;
(ii)
inform the county treasurer of the property tax differential amount; and
(iii)
provide notice to the council of the amount calculated under this Subsection 
(7)
(a).
(b)
The county treasurer shall transfer the property tax differential to the council for 
deposit into the Electrical Energy Development Investment Fund created in Section 
79-6-1105
, subject to any agreements entered into under Subsections (5)(d) and (5)(e).
(c)
The county treasurer shall make distributions required under this section:
(i)
at the same time as regular annual property tax distributions; and
(ii)
using the same method as other property tax distributions.
(8)
For property tax differential not subject to Subsection 
(5)(d)
 the council may enter into 
agreements with taxing entities regarding the allocation of the property tax differential.
Section 11, Section 
79-6-1105
 is enacted to read:
79-6-1105
. Electrical Energy Development Investment Fund.
(1)
There is created an expendable special revenue fund known as the "Electrical Energy 
Development Investment Fund."
(2)
The fund consists of property tax differential revenue collected under Section 
79-6-1104
.
(3)
The council shall:
(a)
administer the fund; and
(b)
use fund money only as authorized under Section 
79-6-1106
.
Section 12, Section 
79-6-1106
 is enacted to read:
79-6-1106
. Authorized uses of fund money.
The council may use fund money to:
(1)
facilitate electrical energy infrastructure development within the state, including:
(a)
transmission and distribution lines;
(b)
pipeline development;
(c)
energy storage facilities;
(d)
generation facilities; and
(e)
related infrastructure;
(2)
provide matching funds for federal energy development grants;
(3)
support energy workforce development programs;
(4)
provide incentives for electrical energy development projects; and
(5)
pay for administrative expenses related to the council's duties.
Section 13, Section 
79-6-1201
 is enacted to read:
12. Nuclear Energy Consortium
79-6-1201
. Nuclear Energy Consortium.
(1)
There is created the Nuclear Energy Consortium to advise the office and the Legislature 
on nuclear energy development in the state.
(2)
The consortium consists of:
(a)
one member of the Senate, appointed by the president of the Senate;
(b)
one member of the House of Representatives, appointed by the speaker of the House 
of Representatives;
(c)
the following members or designees:
(i)
the director of the Office of Energy Development, who shall serve as chair;
(ii)
the executive director of the Department of Environmental Quality;
(iii)
the chair of the Public Service Commission; and
(iv)
the executive director of the Department of Natural Resources; and
(d)
additional members with expertise in nuclear energy development appointed by the 
director, including representatives from areas or entities such as:
(i)
public and private institutions of higher education;
(ii)
the Idaho National Laboratory;
(iii)
the Nuclear Regulatory Commission;
(iv)
other federal entities as determined by the director;
(v)
nuclear fuel mining and milling;
(vi)
nuclear fuel manufacturing;
(vii)
nuclear technology providers;
(viii)
utility companies;
(ix)
energy off-takers;
(x)
workforce development;
(xi)
nuclear safety;
(xii)
research and development; and
(xiii)
nuclear waste management.
(3)
(a)
A member appointed under Subsection (2)(a) may be removed by the president of 
the Senate.
(b)
A member appointed under Subsection (2)(b) may be removed by the speaker of the 
House of Representatives.
(c)
A member appointed under Subsection (2)(d) may be removed by the director.
(4)
The consortium shall meet at least quarterly.
(5)
A majority of consortium members constitutes a quorum for conducting consortium 
business.
(6)
The office shall provide staff support to the consortium.
(7)
A consortium member may not receive compensation or benefits for the member's 
service but may receive per diem and travel expenses in accordance with:
(a)
Sections 
63A-3-106
 and 
63A-3-107
; and
(b)
rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
Section 14, Section 
79-6-1202
 is enacted to read:
79-6-1202
. Consortium duties.
(1)
The consortium shall:
(a)
provide knowledge and expertise to assist the office regarding nuclear energy 
technologies, safety, and development; and
(b)
develop recommendations regarding policy pertaining to:
(i)
nuclear energy development in the state;
(ii)
incentives for nuclear energy related industries in the state including industrial 
process applications and other beneficial uses of nuclear technology;
(iii)
partnerships between entities engaged in or supporting nuclear energy 
development, including public and private sector collaboration; and
(iv)
the appropriate regulatory framework for nuclear energy development in the state.
(2)
The office shall report annually on duties performed by the consortium on or before 
November 30 to the Public Utilities, Energy, and Technology Interim Committee.
Section 15. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 16. 
Coordinating H.B. 249 with H.B. 70.
If H.B. 249, Nuclear Power Amendments, and H.B. 70, Decommissioned Asset 
Disposition Amendments, both pass and become law, the Legislature intends that, on May 7, 
2025:
(1) Section 
79-6-1104
 enacted in H.B. 70 be renumbered to Section 
79-6-1107
;
(2) Section 
79-6-1103
 enacted in H.B. 249 and H.B. 70 be amended to read:
"(1) The council shall:
(a) coordinate and facilitate electrical energy project development, including:
(i) site identification and permitting;
(ii) early site preparation work;
(iii) infrastructure improvements;
(iv) project financing assistance; and
(v) stakeholder coordination;
(b) assess and facilitate electrical energy infrastructure development by:
(i) evaluating infrastructure needs and opportunities;
(ii) coordinating with transmission and pipeline developers;
(iii) supporting utility planning efforts; and
(iv) coordinating with federal agencies;
(c) establish and implement:
(i) strategic plans for energy development;
(ii) frameworks for stakeholder engagement;
(iii) processes for designating electrical energy development zones; and
(iv) criteria for evaluating proposed electrical energy development zones;
(d) review and approve:
(i) research project proposals from the board; and
(ii) funding allocations recommended by the board;
(e) consult with state land use authorities regarding:
(i) identification of state lands suitable for electrical energy development;
(ii) designation of electrical energy development zones; and
(iii) opportunities for coordinated development of electrical energy projects on state 
lands;
(f) administer the Electrical Energy Development Investment Fund created in Section 
79-6-1105
;
(g) make recommendations regarding electrical energy policy to state and local 
governments;
(h) identify and recommend solutions to barriers affecting electrical energy development;
(i) assess and address potential public health impacts of electrical energy development 
zones;
(j) enter into contracts necessary to fulfill the council's duties;
(k) report annually by October 31 to the Public Utilities, Energy, and Technology 
Interim Committee and the Natural Resources, Agriculture, and Environment Interim 
Committee regarding:
(i) the council's activities;
(ii) energy development opportunities;
(iii) infrastructure needs;
(iv) the status of designated electrical energy development zones;
(v) recommendations for how the property tax differential revenue collected under 
Section 
79-6-1104
 should be divided and distributed between the state, counties, and 
municipalities;
(vi) investment decisions made by the council; and
(vii) recommended policy changes;
(l) create and implement a strategic plan for a decommissioned asset, taking into 
consideration:
(i) the state energy policy, as provided in Section 
79-6-301
;
(ii) reliability of electrical generation; and
(iii) economic viability;
(m) establish policies and procedures for the management of a decommissioned asset;
(n) administer contracts for the management and operations of a decommissioned asset;
(o) enter into contracts necessary for the operation and management of a 
decommissioned asset;
(p) acquire, hold, and dispose of property related to a decommissioned asset;
(q) select an operator for a decommissioned asset as provided in Section 
79-6-1107
; and
(r) report annually to the Legislative Management Committee regarding:
(i) the status and progress of the asset transfer;
(ii) operational and financial status of the asset under council control;
(iii) status of the operator contract;
(iv) environmental compliance status; and
(v) recommendations for legislation.
(2) The council shall negotiate with the applicable county or municipality regarding the 
distribution of property tax differential revenue collected under Section 
79-6-1104
.
(3) Any portion of the property tax differential that is not distributed to the council shall be 
distributed to the applicable county or municipality for impact mitigation and affordable 
housing.
(4)(a) The portion of the property tax differential that is distributed to the municipality shall 
be used for:
(i) at least 10% of the total distribution shall be used for affordable housing 
programs; and
(ii) the remaining portion shall be used to mitigate impacts within the municipality 
resulting from electrical energy development.
(b) The portion of the property tax differential that is distributed to the county shall be 
used for:
(i) at least 10% of the total distribution shall be placed in a registered non-profit 
established to administer housing programs on behalf of an association representing 10 or 
more counties in the state; and
(ii) the remaining portion shall be used to mitigate impacts within the county 
resulting from electrical energy development.
(5) If the council acquires a project entity asset under Section 
11-13-318
, the council shall 
enter into an agreement with the project entity that:
(a) provides for the transfer, disposition, and future operation of the asset; and
(b) ensures the transfer, disposition, and future operation does not interfere with the 
project entity's ownership or operation of electrical generation facilities powered by natural 
gas, hydrogen, or a combination of natural gas and hydrogen."; and
(3) Subsection 
79-6-1104(4)
 enacted in H.B. 70 be amended to read:
"(4) In evaluating proposals, the council shall consider:
(a) operational efficiency metrics from similar facilities;
(b) proposed operational cost structure;
(c) economic considerations;
(d) reliability and availability guarantees;
(e) environmental compliance history and plans;
(f) workplace safety record and plans;
(g) local economic benefit commitments;
(h) proposed timeline for assuming operations; and
(i) the long term power needs of the state and residents of the state.".
3-14-25 1:38 PM