Coal fired facility worker protections.

20LSO-0521
2020
STATE OF WYOMING
20LSO-0521
Introduced
2.0

HOUSE BILL NO. HB0213

Coal fired facility worker protections.

Sponsored by: Representative(s) Burlingame, Furphy and Newsome and Senator(s) Anselmi-Dalton, Driskill and Schuler

A BILL

for

AN ACT relating to public utilities; requiring a guaranty of obligations accrued to employees of coal fired generation facilities being sold by a public utility; amending authority of the public service commission as specified; conforming amendments; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 37
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133(a) and by creating a new subsection (f) and 37
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117(b)(iii), by creating a new paragraph (iv), by renumbering (iv) as (v), (e)(viii), by creating a new paragraph (ix) and by renumbering (ix) as (x) are amended to read:

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133.

Exemption for purchase of coal fired generation facilities that would otherwise have been retired; public utility purchase requirements; conditions for exemption.

(a)

Except as otherwise provided in this section, t
he provisions of this chapter and chapters 1 and 3 of this title shall not apply to a person who operates a coal fired electric generation facility purchased under an agreement approved by the commission under W.S. 37
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117.

(f)

Liability for existing employees' benefits that have accrued with employees' years of service and accrued employee and retiree benefit plans and obligations shall not be transferred to a person purchasing an otherwise retiring coal fired electric generation facility unless the purchaser first posts with the department of workforce services a surety bond that ensures payment of these liabilities in an amount and meeting other terms, conditions and requirements determined by the department of workforce services. Upon any failure to meet the obligations secured by the bond or violation of the terms, conditions and requirements determined by the department of
workforce services, the department of workforce services is authorized to commence and prosecute an action or actions on the bond in the name of the state of Wyoming, through the attorney general or other proper prosecuting officer. If the person purchasing the otherwise retiring coal fired electric generation facility does not post a sufficient surety bond as determined by the department of workforce services, the public utility selling the facility shall retain liability for all employee and retiree benefits and obligations accrued at the time of the sale.

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117.

Limitation for recovery of costs associated with electric generation built to replace retiring coal fired generation facility.

(b)

In determining whether the public utility made a good faith effort to sell the retired coal fired electric generation facility under this section the commission shall consider:

(iii)

Whether the public utility reasonably evaluated any offers received by the public utility for the purchase of the facility;
and

(iv)

Whether the public utility disclosed sufficient evidence of its liability for existing employees' benefits that have accrued with employees' years of service and accrued employee and retiree benefit plans and obligations to make potential purchasers aware of the obligations or whether the public utility provided sufficient evidence of its own solvency to satisfy all employee and retiree benefits and obligations after sale of the facility;

(iv)
(v)

Any other factor deemed appropriate by the commission.

(e)

Any agreement between a public utility and another person for the sale of an otherwise retiring coal fired electric generation facility shall not be effective until approved by the commission. In reviewing the agreement the commission shall consider:

(viii)

Whether the proposed purchaser has agreed in the purchase agreement to obtain commission approval prior to transferring, in whole or in part, the facility to
any other person so that the commission may ensure that the proposed new purchaser and the new purchase agreement meet the requirements of this section;
and

(ix)

Whether the proposed purchaser has assumed liability for existing employees' benefits that have accrued with employees' years of service and accrued employee and retiree benefit plans and obligations and posted a surety bond with the department of workforce services, as required by W.S.

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133(f), that ensures payment of these liabilities in an amount and meeting other terms, conditions and requirements determined by the department of workforce services. If the proposed purchaser does not post a sufficient surety bond as determined by the department of workforce services, the commission shall ensure that the agreement provides for the public utility selling the facility to retain liability for all employee and retiree benefits and obligations accrued at the time of the sale;

(ix)
(x)

Any other factor deemed appropriate by the commission.

Section 2.

This act applies to coal fired electric generation facilities being sold or retiring on or after the effective date of this act.

Section 3
.

This act is effective July 1, 2020
.

(END)

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HB0213