An owner of a solar power plant for which a conditional use permit is issued after May 6, 2026, shall:
(a)
place financial assurance with the appropriate local jurisdiction, state entity, or land owner in accordance with Section 11-17-12 in the form of:
(i)
a bond;
(ii)
a parent company guarantee;
(iii)
an irrevocable letter of credit; or
(iv)
an alternate form of financial security;
(b)
ensure the amount of financial security is not less than the estimated cost of decommissioning and reclaiming the solar power plant, after deducting reasonable salvage value, as calculated by:
(i)
a third party with expertise in decommissioning, hired by the owner and agreed to by the appropriate local jurisdiction; and
(ii)
if required by the appropriate local jurisdiction, an engineer registered with the state;
(c)
create and update a decommissioning and reclamation plan every five years from the initial commercial operating date of the solar power plant that:
(i)
incorporates changes resulting from inflation or changes in total cost estimates;
(ii)
specifies the condition to which the site shall be returned, unless otherwise specified and agreed upon by the property owner and appropriate local jurisdiction;
(iii)
requires removal of materials, including steel piles, concrete foundations, and buried cabling, to a depth of four feet below the surface, unless otherwise specified in the plan due to local permitting requirements; and
(iv)
addresses vegetation and soil restoration, based on environmental field surveys and site characterizations conducted before construction, unless otherwise specified in the plan due to local permitting requirements;
(d)
in the case of cessation of operation, abandonment, or damage of the solar power plant:
(i)
rectify any deficiency within 90 days after receiving written notice from the appropriate local jurisdiction by certified mail; or
(ii)
provide a written plan to the appropriate local jurisdiction with an amended cure date if 90 days is insufficient due to circumstances beyond the owner's control; and
(e)
if seeking to repower the solar power plant at the end of the useful life of the solar power plant:
(i)
complete necessary local permitting and approval requirements within 18 months before decommissioning requirements or penalties are incurred; or
(ii)
obtain an extension from the local permitting authority.
(2)
As a condition of the conditional use permit, the decommissioning plan shall be approved by the appropriate local jurisdiction's governing body before an owner commences construction on the solar power plant project site.
Frequently Asked Questions About Utah § 54-17-1204
What does Utah Code § 54-17-1204 cover?
Section 54-17-1204 ("Decommissioning plan.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 54-17-1204?
A common citation format is "Utah Code § 54-17-1204" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 54-17-1204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
