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25LSO-0549
2025
STATE OF WYOMING
25LSO-0549
Numbered
2.0
SENATE FILE NO. SF0111
Net metering revisions.
Sponsored by: Senator(s) Case and Driskill and Representative(s) Larsen, L
A BILL
for
AN ACT relating to net metering; revising how net metering compensation applies to new small customer‑generators; authorizing the public service commission to authorize a different system of compensation for excess energy production if service is being subsidized by other customers; clarifying how net metering compensation applies to existing small customer-generators; providing definitions; making conforming amendments; requiring rulemaking; 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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105 is created to read:
37
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105.
Treatment of new small customer generators.
(a)
Electric utilities shall compensate new small customer
‑
generators in accordance with subsections (b) and (c) of this section.
(b)
The public service commission shall establish an appropriate compensation system to regulate the rates, terms and conditions applied to new small customer
‑
generators by electric utilities for electricity produced by new small customer
‑
generators. The compensation system shall provide for just and reasonable rates, terms and conditions.
(c)
Any cooperative electric utility that is exempt from retail rate regulation by the public service commission under chapter 17, title 37 of the Wyoming statutes shall not be subject to subsection (b) of this section and the board of directors of a cooperative electric utility shall, not later than January 1, 2026, adopt rates, terms and conditions to compensate new small customer
‑
generators and shall:
(i)
Give written notice to all of its member owners, not less than thirty (30) days prior to the effective date of the cooperative's initial rates, terms and conditions regarding compensation of new small customer
‑
generators and of the effective date of any subsequent change to the rates, terms and conditions, including procedures for the cooperative's member owners to comment on proposed rates;
(ii)
Rates, terms and conditions adopted by a cooperative electric utility in accordance with this subsection shall be filed with the commission; and
(iii)
Be subject to the complaint, investigation and resolution process pursuant to W.S. 37
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104(d) and (e) regarding the rates, terms and conditions adopted by the board to compensate new small customer
‑
generators.
Section 2.
W.S. 37
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101(a)(ii), (vii), (viii)(intro), by creating new paragraphs (ix) and (x) and (b), 37
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102(a)(i) through (iii), 37
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103(a)(intro), (ii), (ii), (b) and 37
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104 are amended to read:
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101.
Definitions.
(a)
As used in this chapter unless the context or a specific article otherwise requires:
(ii)
"
Small c
ustomer
‑
generator" means a user of a
net metering
customer electrical production
system;
(vii)
"Net metering" means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a
small
customer
‑
generator that is fed back to the electric utility over the applicable billing period;
(viii)
"Net metering system"
or "customer electrical production system"
means a facility for the production of electrical energy that:
(ix)
"Existing small customer
‑
generator" means a small customer generator that has a customer electrical production system that they owned and operated on or before December 31, 2025;
(x)
"New small customer
‑
generator" means a small customer
‑
generator that:
(A)
Has a customer electrical production system that first operates on or after January 1, 2026;
(B)
Acquires an existing customer electrical production system on or after January 1, 2026;
(C)
Moves an existing customer electrical production system to a new service location on or after January 1, 2026. This subparagraph shall not apply to an existing small customer
‑
generator that is relocating a customer electrical production system within the same service location.
(b)
A person acting as a
small
customer
‑
generator under this act shall not be considered a "public utility" as defined by W.S. 37
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101.
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102.
Electric utility requirements.
(a)
An electric utility:
(i)
Shall offer to make available to each of its eligible
small
customer
‑
generators
that has installed a net metering system
an energy meter that is capable of registering the flow of electricity in two (2) directions;
(ii)
May
, at its own expense and with the written consent of the customer
‑
generator,
install one (1) or more additional meters to monitor the flow of electricity in each direction;
(iii)
Except as otherwise provided in this paragraph, s
hall not charge
a
an existing small
customer
‑
generator any fee or charge that would increase the
existing small
customer
‑
generator's minimum monthly charge to an amount greater than that of other customers of the electric utility in the same rate class as the
existing small
customer
‑
generator.
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103.
Calculation requirements.
(a)
Consistent with other provisions of this chapter, the net energy measurement
for existing small customer
‑
generators
shall be calculated in the following manner:
(ii)
If the electricity supplied by the electric utility exceeds the electricity generated by the
customer generator
existing small customer
‑
generator
, the
existing small
customer
‑
generator shall be billed for the appropriate customer charges for that month, in accordance with W.S. 37
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102;
(iii)
If the electricity supplied by the
existing small
customer
‑
generator exceeds that supplied by the electric utility, the
existing small
customer
‑
generator shall be credited
or compensated
for the excess kilowatt
‑
hours generated during the month with the kilowatt
‑
hour credit or compensation appearing on the bill for the following month for all metered locations of
existing small
customer
‑
generators supplied by the electric utility.
(b)
At the beginning of each calendar year
Annually, at a date set by the electric utility
, any remaining unused kilowatt
‑
hour credit accumulated during the previous year shall be sold to the electric utility, at the electric utility's filed avoided cost.
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104.
Safety and performance requirements.
(a)
A net metering system
or customer electrical production system
used by a
small
customer
‑
generator shall meet all applicable safety and performance standards established by the national electrical code, the institute of electrical and electronics engineers and underwriters laboratories.
(b)
The
small
customer
‑
generator shall at its expense provide lockable, switching equipment capable of isolating the
net metering facility
customer electrical production system
from the electric utility's system. Such equipment shall be approved by the electric utility and shall be accessible by the electric utility at all times.
(c)
The electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a
net metering facility
customer electrical production system
, or for acts or omissions of the
small
customer
‑
generator that cause loss or injury, including death, to any third party.
(d)
The
small
customer
‑
generator is responsible for all costs associated with its facility and is also responsible for all costs related to any modifications to the facility that may be required by the electric utility for
purposes of
safety and reliability.
(e)
The commission, after appropriate notice and opportunity for comment, may adopt by regulation additional control and testing requirements for
small
customer
‑
generators that the commission determines are necessary
to protect public
for
safety and
system
reliability.
Section 3.
The public service commission of Wyoming shall conduct public hearings related to the implementation of the compensation system for electricity produced from new small customer
‑
generators and
shall adopt rules necessary to implement the system as provided in W.S. 37
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105(b) not later than December 31, 2025. Any cooperative electric utility that is exempt from retail rate regulation by the public service commission under chapter 17, title 37 of the Wyoming statutes shall adopt rates, terms and conditions to compensate small customer
‑
generators as provided in W.S. 37
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105(c) not later than January 1, 2026.
Section 4
.
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)
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SF0111