Electricity production facilities on municipal property.

25LSO-0027
2025
STATE OF WYOMING
25LSO-0027
Numbered
2.0

SENATE FILE NO. SF0054

Electricity production facilities on municipal property.

Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to cities and towns; clarifying that cities and towns are authorized to construct electricity production facilities; clarifying when revenue bonds can be issued for electricity production facilities; specifying that cities and towns operating electricity production facilities pursuant to an agreement are not public utilities; and providing for an effective date.

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

Section 1.

W.S. 15
‑
1
‑
702(a)(intro), 15
‑
7
‑
101(a)(v), 15
‑
7
‑
111 by creating a new subsection (c), 37
‑
1
‑
101(a)(vi)(H)(II) and 37
‑
16
‑
101(a)(ii) are amended to read:

15
‑
1
‑
702.

Powers of municipalities and counties; limitations.

(a)

Nothing in this article is intended, nor shall operate, to limit or restrict any governing body from carrying out its purposes and objectives through the exercise of powers otherwise granted by law.
In addition to all other powers each municipality, county, and multi
‑
county joint powers board has without any other authority the power to:

15
‑
7
‑
101.

Purposes.

(a)

In addition to all other powers provided by law, any city or town may make public improvements as follows for which bonds may be issued to the contractor or be sold as provided in this chapter to:

(v)

Establish,
construct,
maintain and regulate electric light plants
,

and
electric power plants
to supply the inhabitants with electric lights and power, to light the streets, highways and public buildings, and supply power for water works
and other
municipally owned works and utilities
electricity generation facilities
;

15
‑
7
‑
111.

Bonds for municipal improvements; exception; procedure.

(c)

In addition to all other powers provide by law and notwithstanding the municipal improvements authorized under subsection (a) of this section, any city or town may issue and sell revenue bonds for the purpose of creating, constructing, maintaining, expanding or improving electrical systems and any facilities located or to be located on property owned by a city or town for the wholesale generation, transmission or distribution of electrical energy. A city or town shall only operate electrical systems for wholesale energy production subject to agreement with the public utility that has the city or town or a portion of the city or town within the certificated service territory of the public utility. No revenue bonds shall be issued or sold for the purpose of purchasing or in any manner acquiring the ownership of an existing electrical system.

37
‑
1
‑
101.

Definitions.

(a)

As used in chapters 1, 2, 3, 12, 17 and 18 of this title:

(vi)

"Public utility" means and includes every person that owns, operates, leases, controls or has power to operate, lease or control:

(H)

None of the provisions of this chapter shall apply to:

(II)

Public utilities owned and operated by a municipality selling electricity at wholesale pursuant to a commission regulated agreement with a public utility as provided in W.S. 15
‑
7
‑
111(c) or t
o public utilities owned and operated by a municipality of the state of Wyoming or owned and operated by a joint powers entity formed pursuant to the Wyoming Joint Powers Act, W.S. 16
‑
1
‑
102 through 16
‑
1
‑
110, and comprised of two (2) or more municipalities, except as to that portion of a municipality owned and operated public utility or joint powers entity owned and operated public utility, if any, as may extend services outside the corporate limits of a municipality and except that if any municipal or joint powers utility owns an undivided interest in a facility for the production of electricity which is also partly owned by an agency subject to the jurisdiction of the public service commission, the sale of electricity in excess of the participating municipalities' or joint powers entities' need is subject to this act;

37
‑
16
‑
101.

Definitions.

(a)

As used in this chapter unless the context or a specific article otherwise requires:

(ii)

"Customer
‑
generator" means a user of a net metering system
. "Customer
‑
generator" shall not include a municipality operating electrical systems for wholesale energy production pursuant to an agreement with a public utility as provided in W.S. 15
‑
7
‑
111(c)
;

Section 2
.

This act is effective July 1, 2025
.

(END)

1
SF0054