UtahH.B. 5142026 General SessionHouse

Utah Energy Council Amendments

Sponsored By: R. Neil Walter (Republican)

Signed by Governor

Public Funds and AccountsPublic BondsElectricityEnergyPublic Utilities and TechnologyLimited Purpose Local Government EntitiesPolitical Subdivisions (Local Issues)Local Government Infrastructure and UtilitiesEnergy Storage

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 4 benefits, 2 costs, 4 mixed.

Energy projects gain revenue-backed bond financing

Beginning May 6, 2026, the district can issue revenue bonds for energy facilities, but not general obligation bonds. The State Finance Review Commission must review and approve bonds before issuance; final terms must stay within approved limits. Repayment uses only pledged district revenues, not general state or local government backing; Utah's constitutional debt limits do not apply. The board must maintain an Energy Infrastructure Enterprise Fund for bond proceeds, operating-contract payments, power purchase payments, and other revenues. Fund money can serve only district purposes and must follow approved bond contracts.

Utah council gains federal financing access

Beginning May 6, 2026, the Utah Energy Council becomes a state energy financing institution eligible to seek federal financing. This includes programs under federal energy loan rules, but does not award money or guarantee project financing. The council grows from five to seven members; its director chairs until the co-chair transition begins July 1, 2026. It leads energy planning, coordinates state lands, designates zones, manages the investment fund, and oversees retired assets and related contracts. By October 31 each year, it must report activities, zones, infrastructure needs, tax-sharing recommendations, investments, and asset and contract status. Reports go to designated legislative interim committees and Legislative Management.

Local energy revenue must support housing

Beginning May 6, 2026, local shares of energy-zone tax revenue must support housing and address local development impacts. Municipalities must use at least 10% of their total distribution for affordable housing programs. Counties must put at least 10% into a registered housing nonprofit serving an association representing 10 or more counties. Remaining local money must address impacts from energy development. These spending rules do not guarantee payments or housing eligibility for individual households.

Energy district assets receive tax exemption

Beginning May 6, 2026, district-owned property and assets are tax-exempt under Utah's special-district law. This lowers the district's property tax bill. The exemption does not give households a property tax reduction. The law states no dollar value for the exemption or resulting changes to local taxes or services.

Energy district cannot serve retail customers

Beginning May 6, 2026, the district cannot sell, distribute, or deliver electricity directly to retail customers. It is not an electric service provider. Neither the district nor its board can provide electric service in another authorized provider's service territory. This preserves territories authorized by the Public Service Commission, a municipality, or state law.

Energy facility operators face privilege taxes

Beginning May 6, 2026, operators using district-owned facilities must pay Utah's state privilege tax. The district can also levy a privilege tax within its service area for operating and maintenance expenses. That district tax rate cannot exceed 0.0023, or 0.23%. The board can agree to payments in place of taxes at its discretion. The law does not state the state tax rate, the district tax base, or any operator's actual bill.

Energy operators gain contracts with payment rules

Beginning May 6, 2026, the district can build, own, maintain, improve, and sell energy facilities within its service area. It can make power purchase agreements, acquire property rights, accept government help, hire staff, and charge service fees. Operator contracts cannot exceed 40 years; payments must cover the facility's debt payments and operating costs. Contracts must preserve district ownership, return control when they end, require legal and industry standards, and include insurance and appropriate financial security. Contract penalties require written terms, and federally tax-exempt bonds can require federal management-contract tax compliance. Projects occupying city or town streets or highways also need consent from the local authorities controlling them.

Energy zones open with local incentive limits

Beginning May 6, 2026, counties, cities, and state land authorities can apply for electrical energy development zones. Applications need boundaries, infrastructure assessments, development plans, local coordination information, and projected economic benefits. Approval requires suitable resources, transmission and transportation access, enough land, state-policy alignment, realistic milestones, and identified infrastructure improvements. State land authorities must also show land-use compliance; the council must decide within 60 days and approve qualifying applications. Counties and cities cannot offer financial incentives for baseload power projects outside designated zones. Exceptions cover municipal power projects, projects using only intermittent resources, and project area plans approved before July 1, 2026.

Utah can create a limited energy district

Beginning May 6, 2026, the Utah Energy Council can create the Utah Energy Infrastructure Service District. Its resolution must describe the service boundaries and facility type; incorporation requires a lieutenant governor's certificate. The service area includes qualifying retired-asset land, but cannot later expand or gain another service area. Those assets must have left active service before May 6, 2026, with no intent to return. The district alone owes its debts; its board can dissolve it only after operations stop and all obligations end. The Legislature can also dissolve it, but bonds must first be settled under their terms; remaining assets go to Utah.

Zone tax growth funds energy investment

Beginning May 6, 2026, energy zones redirect a property tax revenue difference toward the Electrical Energy Development Investment Fund. The difference compares current-year revenue from all taxing entities with revenue calculated using the zone's certified base taxable value. County auditors must certify that base and provide tax rolls within 30 days after designation. County treasurers transfer the difference annually to the council, subject to tax-sharing agreements. Required agreements divide revenue where zones overlap reinvestment areas designated as of May 7, 2025, or inland port projects. The council can also negotiate shares with taxing entities; this mechanism does not directly change a household's property tax liability.

Sponsors & Cosponsors

Sponsor

  • R. Neil Walter

    Republican • House

Cosponsors

  • Ann Millner

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 158 • No: 20

House vote • 3/6/2026

House/ concurs with Senate amendment

Yes: 53 • No: 14

Senate vote • 3/5/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 22 • No: 5

Senate vote • 3/5/2026

Senate/ substituted

Yes: 0 • No: 0

Senate vote • 3/2/2026

Senate Comm - Favorable Recommendation

Yes: 5 • No: 0

House vote • 2/26/2026

House/ uncircled

Yes: 0 • No: 0

House vote • 2/26/2026

House/ floor amendment

Yes: 0 • No: 0

House vote • 2/26/2026

House/ substituted

Yes: 0 • No: 0

House vote • 2/26/2026

House/ passed 3rd reading

Yes: 68 • No: 1

House vote • 2/25/2026

House/ circled

Yes: 0 • No: 0

House vote • 2/19/2026

House Comm - Favorable Recommendation

Yes: 10 • No: 0

Actions Timeline

  1. Governor Signed

    3/26/2026
  2. House/ to Governor

    3/17/2026House
  3. House/ received enrolled bill from Printing

    3/17/2026House
  4. House/ enrolled bill to Printing

    3/12/2026House
  5. Enrolled Bill Returned to House or Senate

    3/12/2026
  6. Draft of Enrolled Bill Prepared

    3/7/2026
  7. Bill Received from House for Enrolling

    3/7/2026
  8. House/ signed by Speaker/ sent for enrolling

    3/6/2026House
  9. House/ received from Senate

    3/6/2026House
  10. Senate/ to House

    3/6/2026Senate
  11. Senate/ signed by President/ returned to House

    3/6/2026Senate
  12. Senate/ received from House

    3/6/2026Senate
  13. House/ to Senate

    3/6/2026House
  14. House/ concurs with Senate amendment

    3/6/2026House
  15. House/ placed on Concurrence Calendar

    3/5/2026House
  16. House/ received from Senate

    3/5/2026House
  17. Senate/ to House with amendments

    3/5/2026Senate
  18. Senate/ passed 2nd & 3rd readings/ suspension

    3/5/2026Senate
  19. Senate/ substituted

    3/5/2026Senate
  20. Senate/ 2nd & 3rd readings/ suspension

    3/5/2026Senate
  21. Senate/ Rules to 2nd Reading Calendar

    3/5/2026Senate
  22. Senate/ 2nd Reading Calendar to Rules

    3/4/2026Senate
  23. Senate/ placed on 2nd Reading Calendar

    3/2/2026Senate
  24. Senate/ committee report favorable

    3/2/2026Senate
  25. Senate Comm - Favorable Recommendation

    3/2/2026

Bill Text

  • Enrolled

    3/12/2026

  • Substitute #2

    3/4/2026

  • Amended 2/27/2026 09:02:805

    2/27/2026

  • Substitute #1

    2/25/2026

  • Introduced

    2/9/2026

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