Utah House passes measures aimed at protecting state control of energy policy

The Utah House on Feb. 17 approved competing pieces of energy legislation intended to assert state authority over power production while promoting longer-term planning and research.

Representative Mark Ivory, sponsor of House Bill 4 25, framed the measure as a response to federal regulatory pressure. "I was in Dallas, Texas in February of 2021 when the lights went out... It was 246 people died," Ivory said, arguing the bill defends state jurisdiction and seeks to preserve "affordable, reliable, dispatchable, and secure" energy for Utahns. The bill language emphasizes protecting in‑state energy supplies and allowing state-level legal intervention when federal rules threaten plant retirements.

Supporters, including representatives from rural districts, said the bill is technology-agnostic and aims to maintain system reliability. "This is agnostic as to what kind of energy. It's all of the above," Ivory told colleagues. Several members warned that forced retirements of dispatchable plants would raise costs and risk outages if alternative resources and supply chains are not available.

Opponents pressed for specifics. Representative Briscoe asked which plants would qualify and how the measure would affect utilities that buy inexpensive out-of-state or out-of-region power; Representative Briscoe noted Intermountain Power Plant's planned fuel conversion and asked whether the attorney general could intercede over conversions to new fuels. Representative Ward cautioned that an overly state-centric approach could prevent the cooperative grid arrangements Utah currently uses to lower rates.

Lawmakers supporting HB4 25 described concerns about federal rules the sponsor called the EPA "good neighbor" policy and cited court precedent while urging protection for locally planned power systems. Representative Schultz, among others, said utilities are already warning they cannot meet some federal requirements and urged the House to "push back."

Separately, the chamber passed House Bill 4 26, a third‑substitute bill that directs the Office of Energy Development to produce a strategic energy plan, creates an energy research fund for targeted technology development, and authorizes workforce initiatives to support new energy projects. Representative Jefferson Moss described HB4 26 as a complement to the jurisdiction-focused bill: "We need to make sure that we're also being innovative and trying to find new ways to create energy and support energy here for the state," he said.

Colleagues from fast-growing districts and members with engineering backgrounds supported the planning and research aims, while some raised questions about the role of federal funds; Moss said federal grants contemplated by HB4 26 would be limited to research awards and would not cede state sovereignty.

Outcomes and next steps: HB4 25 was approved by the House, 58 yes to 12 no, and will be transmitted to the Senate. HB4 26 passed 67 to 1 and will also move to the Senate for further consideration. Both bills were presented as part of a broader effort by lawmakers to secure the state's energy supply and to expand in‑state energy development and research.