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HB0069 • 2023

Coal-fired facility closures litigation funding-amendments.

AN ACT relating to the administration of government; continuing the coal-fired facility closures litigation funding account; amending permissible purposes and uses for the coal-fired facility closures litigation funding account for commencing and prosecuting lawsuits against states relating to coal exportation and coal-fired electric generation facilities; making conforming amendments; requiring reports; and providing for an effective date.

Budget Energy
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Larsen, L
Last action
2023-02-15
Official status
enrolled
Effective date
2/15/2023

Plain English Breakdown

The candidate explanation was mostly accurate, but some details were broadened or lacked specificity in the official text.

Amending Funding for Coal-Fired Facility Closures Litigation

This law changes how funds can be used to support lawsuits against entities affecting Wyoming's coal industry, including federal and local governments.

What This Bill Does

  • Continues the funding account for lawsuits related to coal-fired facility closures.
  • Expands who can be sued to include federal agencies, other states' local governments, and third parties like corporations or partnerships.
  • Allows the governor to use funds for defending against lawsuits as well as starting new ones.
  • Requires reports on how the money is spent and the status of any legal actions taken.

Who It Names or Affects

  • The Governor's office
  • Entities that might sue Wyoming over coal-related issues
  • People involved in coal exportation or coal-fired electric generation

Terms To Know

Coal-Fired Facility Closures Litigation Funding Account
A special fund used to pay for legal actions related to the closure of coal power plants and restrictions on coal exports.
Conforming Amendments
Changes made to existing laws to match new requirements or updates in other parts of the law.

Limits and Unknowns

  • The act does not specify how much money is available for these lawsuits.
  • It only applies until June 30, 2026, when any remaining funds must be returned to the state treasury unless renewed.
  • Details about specific legal actions are confidential and reported in executive sessions.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0069HS001

Standing Committee • House Minerals, Business and Economic Development

Adopted

Plain English: The amendment adds local governments to the list of entities that can use funds from the coal-fired facility closures litigation funding account and clarifies that corporations, partnerships, or other unincorporated associations are also considered parties in lawsuits funded by this account.

  • Adds local governments as eligible users of the coal-fired facility closures litigation funding account along with state agencies.
  • Expands the definition of 'parties' to include corporations, partnerships, and other unincorporated associations.
  • The amendment text does not specify how these changes will affect existing laws or regulations beyond the mentioned additions.
HB0069SW001

Committee of the Whole • Senator Ellis

Adopted

Plain English: The amendment changes the purpose of a funding account to allow it to be used for legal actions against federal agencies, other states, or local governments that negatively impact Wyoming's coal industry.

  • Adds language to continue and specify the use of funds in the 'coal-fired facility closures litigation funding account' exclusively for legal expenses related to defending or challenging laws affecting Wyoming's coal exportation and coal-fired electric generation facilities.
  • Requires annual reports from the governor and attorney general on the expenditure of funds and status of any litigation involving these funds.
  • The amendment deletes several pages of existing text, which means some context about what was removed is not provided in this summary.
HB0069SW002

Committee of the Whole • Senator Ellis

Adopted

Plain English: The amendment changes the expiration dates for certain provisions related to funding for lawsuits against states regarding coal exportation and coal-fired electric generation facilities.

  • Changes the end date of the coal-fired facility closures litigation funding account from June 30, 2030, to June 30, 2026.
  • Modifies the effective start date for reporting requirements related to the funding account from October 1, 2030, to October 1, 2026.
  • The amendment only specifies changes to dates and does not provide details on other aspects of the bill's provisions.

Bill History

  1. 2023-02-15 LSO

    Assigned Chapter Number 6

  2. 2023-02-15 Governor

    Governor Signed HEA No. 0012

  3. 2023-02-14 Senate

    S President Signed HEA No. 0012

  4. 2023-02-13 House

    H Speaker Signed HEA No. 0012

  5. 2023-02-10 LSO

    Assigned Number HEA No. 0012

  6. 2023-02-10 House

    H Concur:Passed 56-5-1-0-0

  7. 2023-02-09 House

    H Received for Concurrence

  8. 2023-02-09 Senate

    S 3rd Reading:Passed 30-1-0-0-0

  9. 2023-02-08 Senate

    S 2nd Reading:Passed

  10. 2023-02-07 Senate

    S COW:Passed

  11. 2023-02-03 Senate

    S Placed on General File

  12. 2023-02-03 Senate

    S09 - Minerals:Recommend Do Pass 4-1-0-0-0

  13. 2023-01-31 Senate

    S Introduced and Referred to S09 - Minerals

  14. 2023-01-19 Senate

    S Received for Introduction

  15. 2023-01-19 House

    H 3rd Reading:Passed 55-5-2-0-0

  16. 2023-01-18 House

    H 2nd Reading:Passed

  17. 2023-01-17 House

    H COW:Passed

  18. 2023-01-16 House

    H Placed on General File

  19. 2023-01-16 House

    H09 - Minerals:Recommend Amend and Do Pass 9-0-0-0-0

  20. 2023-01-12 House

    H Introduced and Referred to H09 - Minerals

  21. 2023-01-06 House

    H Received for Introduction

  22. 2023-01-03 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0389
Bill No.:

HB0069

Effective:

Immediately

LSO No.:

23LSO-0389

Enrolled Act No.:

HEA No. 0012

Chapter No.:

6

Prime Sponsor:

Larsen, L

Catch Title:

Coal-fired facility closures litigation funding-amendments.

Subject:

Litigation funding for coal-fired facility closures.

Summary/Major Elements:

This act amends 2021 Wyoming Session Laws, Chapter 112 which appropriated funds to the office of the governor for purposes of commencing and prosecuting lawsuits against other states who enacted laws or regulations that impeded Wyoming's ability to export coal.

This act expands the purposes for using previously appropriated funds by allowing the governor to intervene and defend in the lawsuits against these actors.

This act expands who the lawsuits may be against to include the federal government and its agencies, local governments and third parties including a corporation, partnership or other unincorporated association.

This act expands the subject matter of the lawsuits. The lawsuits may involve federal, state or local laws or regulations that result in the decreased use of Wyoming coal or the closure of coal-fired electric generation facilities that use Wyoming coal.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
23LSO-0389

ORIGINAL House

ENGROSSED
Bill No
.
HB0069

ENROLLED ACT NO. 12,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to the administration of government; continuing the coal-fired facility closures litigation funding account; amending permissible purposes and uses for the coal-fired facility closures litigation funding account for commencing and prosecuting lawsuits against states relating to coal exportation and coal-fired electric generation facilities; making conforming amendments; requiring reports; and providing for an effective date.

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

Section 1.

(a)

The account created by 2021 Wyoming Session Laws, Chapter 112, Section 2 is continued. Any funds in the account on the effective date of this act shall remain in the account. Funds shall not be transferred or expended for any purpose other than administering and enforcing the provisions of this section. The funds in the account shall be continuously appropriated to the office of the governor for the purposes of funding any litigation expenses incurred in accordance with this section. Any unexpended, unobligated funds remaining in the account shall revert as provided by law on June 30, 2026.

(b)

The governor may expend funds from the account under subsection (a) of this section for the purposes of intervening in, defending, commencing or prosecuting lawsuits against the federal government and its agencies, other states or other states' agencies and local governments that enact and enforce laws or regulations, or other actions by the federal government, other states, local governments or third parties, that impermissibly impede Wyoming's ability to export coal, that cause the early retirement of coal-fired electric generation facilities located in Wyoming, that result in the decreased use of Wyoming coal or the closure of coal-fired electric generation facilities that use Wyoming coal.

(c)

On or before October 1, 2023 and each year thereafter until October 1, 2026, the governor and the attorney general shall report to the joint appropriations committee and the joint minerals, business and economic development interim committee on:

(i)

The expenditure of any funds in the account to challenge laws or other actions authorized in accordance with this section;

(ii)

The status of any litigation initiated, intervened in, defended, prosecuted or concluded using the funds in the account under subsection (a) of this section. The governor and attorney general may present the information required by this paragraph in executive session.

Section 2.

2021 Wyoming Session Laws, Chapter 112 is repealed.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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