Wyoming energy project accountability act.

26LSO-0405
2026
STATE OF WYOMING
26LSO-0405
Numbered
2.0

SENATE FILE NO. SF0091

Wyoming energy project accountability act.

Sponsored by: Senator(s) Steinmetz, French and Pearson and Representative(s) Allemand, Bear, Campbell, K, Heiner, Neiman and Webber

A BILL

for

AN ACT relating to the administration of the government; providing requirements for energy projects; requiring legislative approval for specified energy projects; providing definitions; providing for exceptions; making conforming amendments; requiring rulemaking; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
30
‑
101 through 9
‑
30
‑
105 are created to read:

CHAPTER 30
ENERGY PROJECT FUNDING

9
‑
30
‑
101.

Short title.

This act shall be known and may be cited as the "Wyoming Energy Project Accountability Act."

9
‑
30
‑
102.

Definitions.

(a)

As used in this act:

(i)

"Energy project" means a project that generates, stores, transmits, converts or delivers electric energy from sources including wind, solar, natural gas, coal, nuclear and hydrogen sources. "Energy project" includes associated infrastructure, transmission infrastructure and energy projects created pursuant to W.S. 37
‑
5
‑
501 through 37
‑
5
‑
509;

(ii)

"Industrial
‑
scale generation facility" means a facility or project that produces electricity and that meets any one (1) or more of the following thresholds:

(A)

Maintains not less than one hundred fifty (150) megawatts of nameplate generation capacity;

(B)

For a wind energy facility, maintains a
project footprint of not less than five thousand (5,000) acres; or

(C)

For a solar energy facility, maintains a project footprint of not less than five hundred (500) acres.

(iii)

"Large industrial power load" means a new or expanded electric load, whether served at one (1) site or a related campus, that is reasonably expected to require:

(A)

Not less than seventy
‑
five (75) megawatts of peak demand;

(B)

Not less than one hundred (100) megawatts of peak demand when aggregated across related facilities under common ownership or control that are served through the same substation, feeder or point of interconnection or that are part of a single integrated development plan, phased or constructed within five (5) years.

(iv)

"Legislative approval" means authorization by enactment of a bill or resolution containing no other subjects, solely for the purpose of approving a specific project or multiple projects or a specific appropriation of state funds, which may include conditions to protect ratepayers, grid reliability, land use and public transparency;

(v)

"Project footprint" means the total acreage within the project boundary owned, under lease, easement, right
‑
of
‑
way or other control by the project owner or operator for turbines, panels, substations, collector systems, transmission, access roads, operations facilities and required setbacks;

(vi)

"State action" means any grant, loan, loan guarantee, tax incentive, financing, bond, appropriation by the state that materially enables construction, interconnection or service of an industrial
‑
scale generation facility or large industrial power load covered by this section;

(vii)

"State funds" means any money from the general fund, special revenue funds, permanent funds, revolving funds or any other funds under the control of the state or any state agency, including grants, loans, loan guarantees, tax expenditures, bonding authority or credit support;

(viii)

"Uprates" means upgrades in power or increases in power output;

(ix)

"This act" means W.S. 9
‑
30
‑
101 through 9
‑
30
‑
105.

9
‑
30
‑
103.

Legislative approval required for industrial
‑
scale projects and large industrial power loads.

(a)

Legislative approval through a bill or resolution as required in this act containing a specific or multiple projects must be approved by the legislature before construction may begin.

(b)

Notwithstanding any other provision of law, no public utility shall be required to serve a large industrial power load, but may do so upon legislative approval.

9
‑
30
‑
104.

Bill required for state funds for any energy project.

(a)

No state agency, instrumentality or political subdivision of the state shall obligate, expend, grant, loan, guarantee, pledge or otherwise allocate state funds for an energy project unless the legislature has approved that specific expenditure, appropriation, grant, loan, guarantee or pledge.

(b)

Legislative approval shall require, at a minimum, a bill or resolution which shall identify:

(i)

The project(s), sponsor(s) and project(s) location(s);

(ii)

The amount, type and source of state funds;

(iii)

The intended use of funds;

(iv)

Any conditions, performance requirements, reporting, clawback or repayment terms; and

(v)

Whether and how the project(s) will ensure that incremental costs are not shifted to other ratepayers
.

(c)

Any documents provided to a state agency or instrumentality to gain approval for an energy project shall be provided to the legislature.

(d)

This section applies regardless of project size and applies to any commitment made directly or indirectly through state funds in a cumulative amount not less than two hundred thousand dollars ($200,000.00) unless expressly exempted by W.S. 9
‑
30
‑
105.

(e)

The joint minerals, business and economic development interim committee or the joint corporations, elections and political subdivisions interim committee shall develop and introduce legislation as necessary to meet the requirements of this section.

9
‑
30
‑
105.

Exceptions; emergency; routine.

(a)

Legislative approval shall not be required in the following circumstances:

(i)

Where the public service commission, due to unforeseen circumstances or emergency, declares that available energy production capacity is insufficient to meet energy demand. The public service commission may consult with appropriate agencies in making this determination;

(ii)

Where routine maintenance, replacement in kind or uprates on an existing energy project do not exceed the thresholds in W.S. 9
‑
30
‑
102(a).

Section 2.

W.S. 9
‑
12
‑
104 by creating a new subsection (c)

and 37
‑
5
‑
502(g) by creating a new paragraph (iv) are amended to read:

9
‑
12
‑
104.

General powers and duties of the council.

(c)

The council shall comply with the Wyoming energy project accountability act before awarding, granting, investing or lending any funds under this act for energy projects as defined by W.S. 9
‑
30
‑
102(a)(ii).

37
‑
5
‑
502.

Wyoming energy authority.

(g)

The authority is subject to the requirements of:

(iv)

W.S. 9
‑
30
‑
101 through 9
‑
30
‑
105.

Section 3
.

The public service commission shall promulgate rules necessary to implement this act.

Section 4.

Nothing in this act shall be construed to alter, amend or impair any contract or other agreement entered into before the effective date of this act.

Section 5.

This act shall apply to any industrial
‑
scale generation facility or large industrial power load for which a state action is first sought on or after July 1, 2026.

Section 6.

This act is effective July 1, 2026.

(END)

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SF0091