HB0124 • 2023

Electricity generation-taxation.

AN ACT relating to taxation; amending taxation on the production of electricity as specified; providing applicability; and providing for an effective date.

Energy Taxes

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Representative Sommers
Last action: 2023-02-24
Official status: inactive
Effective date: 3/1/2023

Plain English Breakdown

The bill summary does not provide specific details on how taxes will be calculated or what new reporting requirements are set. The effective date mentioned is July 1, 2023, but it's unclear if this applies to hydroelectric power specifically starting in 2024.

Electricity Generation Tax Changes

The bill amends the tax rules for producing electricity from wind and solar resources in Wyoming by adding hydroelectric power to the list of taxed energy sources.

What This Bill Does

Adds hydroelectric power to the types of electricity that are taxed under existing laws alongside wind and solar resources.

Who It Names or Affects

Companies that produce electricity from wind, solar, and hydroelectric resources in Wyoming.

Terms To Know

Excise Tax: A tax on specific goods or activities, like producing electricity.
Megawatt Hour (MWh): A unit of electrical energy equal to one million watt-hours.

Limits and Unknowns

The bill did not pass in the Senate and is now inactive.
It does not specify how much tax companies will pay for hydroelectric power production starting in 1924 (likely a typo, should be 2024).

Amendments

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

HB0124H3001

3rd reading • Representative Heiner

Failed

Plain English: The amendment adds 'hydroelectric' to the list of electricity generation methods that are taxed in a similar way as wind power.

Adds 'hydroelectric' after 'WIND' where it appears on page 1, line 12.
Inserts ', hydroelectric' after each instance of 'wind' on lines 2, 4, 8, and 14 of page 2.
Before the word 'solar' on line 21 of page 2, adds 'hydroelectric or'.

The amendment text does not specify how hydroelectric power will be taxed in detail.

HB0124H3002

3rd reading • Representative Yin

Failed

Plain English: The amendment changes how electricity production is taxed by replacing the current tax on megawatt hours with a new tax based on annual gross energy earnings, setting a specific rate of $1.00 per megawatt hour plus an additional 3.5% tax on annual gross energy earnings.

Adds a new section to define the taxation rate as $1.00 for each megawatt hour produced in Wyoming.
Includes an additional tax of 3.5% on the annual gross energy earnings from electricity generated within Wyoming.
Modifies existing language to refer to 'annual gross energy earnings' instead of just 'megawatt hours'.

The amendment's text does not specify how this change will affect current tax rates or provide details on implementation.

Bill History

2023-02-24 Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
2023-02-24 Senate
S No report prior to CoW Cutoff
2023-02-21 Senate
S03 - Revenue:Do Pass Failed 0-5-0-0-0
2023-02-16 Senate
S Introduced and Referred to S03 - Revenue
2023-02-02 Senate
S Received for Introduction
2023-02-02 House
H 3rd Reading:Passed 34-28-0-0-0
2023-02-01 House
H 2nd Reading:Passed
2023-01-31 House
H COW:Passed
2023-01-25 House
H Placed on General File
2023-01-25 House
H02 - Appropriations:Recommend Do Pass 6-1-0-0-0
2023-01-18 House
H Introduced and Referred to H02 - Appropriations
2023-01-13 House
H Received for Introduction
2023-01-12 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

23LSO-0468
2023
STATE OF WYOMING
23LSO-0468
Numbered
2.0

HOUSE BILL NO. HB0124

Electricity generation-taxation.

Sponsored by: Representative(s) Sommers, Larson, JT, Stith, Walters and Wylie and Senator(s) Barlow and Case

A BILL

for

AN ACT relating to taxation; amending taxation on the production of electricity as specified; providing applicability; and providing for an effective date.

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

Section 1.

W.S. 39
‑
22
‑
103 and 39
‑
22
‑
107(a) are amended to read:

CHAPTER 22
TAX UPON PRODUCTION OF ELECTRICITY FROM
WIND AND SOLAR RESOURCES

39
‑
22
‑
103.

Imposition.

There is levied an excise tax upon the privilege of producing electricity from wind
and solar
resources in this state.

The tax shall be imposed upon the production of any electricity produced from wind
or solar
resources for sale or trade
on or after January 1, 2012,
and shall be paid by the person producing
such
the
electricity. The tax shall be imposed on each megawatt hour of electricity produced from wind
or solar
resources at the point of interconnection with an electric transmission line.

39
‑
22
‑
107.

Compliance; collection procedures.

(a)

Returns and reports. Any person producing electricity from wind
or solar
resources within this state which is subject to the tax imposed by this chapter shall report the amount of megawatt hours produced in this state on or before February 1 of the year immediately following the year in which the electricity was produced.

Section 2
.

Section 1 of this act shall apply to any electricity produced from solar resources for sale or trade on and after January 1, 2024.

Section 3
.

This act is effective July 1, 2023
.

(END)

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HB0124