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21LSO-0557
2021
STATE OF WYOMING
21LSO-0557
Numbered
2.0
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
AN ACT relating to public utilities; enacting a moratorium on the retirement of coal fired electric generation facilities; amending limitations on retiring facilities;
repealing an applicability provision; 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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3
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117(a) by creating a new paragraph (i) and by amending and renumbering (i) and (ii) as (ii) and (iii) as amended by 2020 Wyoming Session Laws, Chapter 41, Section 1 and as effective July 1, 2021 is amended to read:
37
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3
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117.
Moratorium on closure of coal fired electric generation facilities; limitation for recovery of costs associated with electric generation built to replace retiring coal fired generation facility.
(a)
Notwithstanding any other provision of this chapter:
(i)
No electric public utility shall seek to retire a coal fired electric generating facility during the period beginning July 1, 2021 and ending June 30, 2035;
(i)
(ii)
Any electric public utility seeking to retire a coal fired electric generation facility
on or after July 1, 2035
shall first make a good faith effort to sell the facility for continued use as a coal fired electric generation facility;
(ii)
(iii)
The rates charged by an electric public utility, other than a cooperative electric utility, shall not include any recovery of or earnings on the
capital costs associated with new electric generation facilities built, in whole or in part, to replace the electricity generated from one (1) or more coal fired electric generating facilities located in Wyoming and retired on or after January 1,
2022
2036
, unless the commission has determined that the public utility that owned the retired coal fired electric generation facility made a good faith effort to sell the facility to another person prior to its retirement and that the public utility did not refuse a reasonable offer to purchase the facility or the commission determines that, if a reasonable offer was received, the sale was not completed for a reason beyond the reasonable control of the public utility.
Section 2.
2020 Wyoming Session Laws, Chapter 41, Section 2 is repealed.
Section 3
.
This act is effective July 1, 2021
.
(END)
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HB0257