2021 21LSO-0557
STATE OF WYOMING
HOUSE BILL NO. HB0257
Coal fired power plant closure moratorium.
Sponsored by: Representative(s) Fortner, Baker, Bear, Burt,
Gray, Hallinan, Haroldson, Jennings, Knapp,
Laursen, Neiman, Ottman, Rodriguez-Williams,
Styvar, Wharff and Winter and Senator(s)
Driskill, McKeown and Steinmetz
A BILL
for
1 AN ACT relating to public utilities; enacting a moratorium
2 on the retirement of coal fired electric generation
3 facilities; amending limitations on retiring facilities;
4 repealing an applicability provision; and providing for an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 37-3-117(a) by creating a new
10 paragraph (i) and by amending and renumbering (i) and (ii)
11 as (ii) and (iii) as amended by 2020 Wyoming Session Laws,
12 Chapter 41, Section 1 and as effective July 1, 2021 is
13 amended to read:
14
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1 37-3-117. Moratorium on closure of coal fired
2 electric generation facilities; limitation for recovery of
3 costs associated with electric generation built to replace
4 retiring coal fired generation facility.
5
6 (a) Notwithstanding any other provision of this
7 chapter:
8
9 (i) No electric public utility shall seek to
10 retire a coal fired electric generating facility during the
11 period beginning July 1, 2021 and ending June 30, 2035;
12
13 (i)(ii) Any electric public utility seeking to
14 retire a coal fired electric generation facility on or
15 after July 1, 2035 shall first make a good faith effort to
16 sell the facility for continued use as a coal fired
17 electric generation facility;
18
19 (ii)(iii) The rates charged by an electric
20 public utility, other than a cooperative electric utility,
21 shall not include any recovery of or earnings on the
22 capital costs associated with new electric generation
23 facilities built, in whole or in part, to replace the
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1 electricity generated from one (1) or more coal fired
2 electric generating facilities located in Wyoming and
3 retired on or after January 1, 2022 2036, unless the
4 commission has determined that the public utility that
5 owned the retired coal fired electric generation facility
6 made a good faith effort to sell the facility to another
7 person prior to its retirement and that the public utility
8 did not refuse a reasonable offer to purchase the facility
9 or the commission determines that, if a reasonable offer
10 was received, the sale was not completed for a reason
11 beyond the reasonable control of the public utility.
12
13 Section 2. 2020 Wyoming Session Laws, Chapter 41,
14 Section 2 is repealed.
15
16 Section 3. This act is effective July 1, 2021.
17
18 (END)
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Statutes affected:
Introduced: 37-3-117