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Bill

SF 54

Electricity production facilities on municipal property.

2025 Regular Session

Allows cities to own, build, and finance electric generation on municipal property and issue revenue bonds, with limited utility regulation exemptions.

S:Died in Committee Returned Bill Pursuant to SR 5-4
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Bill Summary · SF 54

Summary — SF 54: Electricity production facilities on municipal property

Status: S — Died in Committee (Returned Pursuant to SR 5-4)
Introduced: Jan 16, 2025. Sponsor: Rep. Rowley (primary); Coleman later added.
Effective date (as written): July 1, 2025.
Fiscal note: No fiscal or personnel impact.

Purpose

SF 54 would clarify and expand municipal authority regarding electricity generation and related infrastructure. The bill confirms that cities and towns may establish, construct, maintain, regulate and finance electricity generation facilities on municipal property and specifies when municipal revenue bonds may be issued for those purposes. It also clarifies regulatory treatment by excluding certain municipally operated generation activities from the state definition of “public utility.”

Key provisions

  • Statutory amendments: modifies several Wyoming statutes (including W.S. 15-1-702, 15-7-101(a)(v), 15-7-111(c), 37-1-101(a)(vi)(H)(II), and 37-16-101(a)(ii)) to implement the changes below.
  • Municipal authority: expressly authorizes cities/towns to establish, construct, maintain and regulate electric light/power plants and other electricity generation facilities to supply inhabitants and municipal works.
  • Revenue bonds: permits cities/towns to issue and sell revenue bonds to create, construct, maintain, expand or operate electrical systems for wholesale generation, transmission or electrical energy. Prohibits issuing revenue bonds to purchase or otherwise acquire ownership of an existing electrical system.
  • Contract/agreement condition: issuance of revenue bonds for wholesale energy production is authorized when the city/town’s project is subject to an agreement with the public utility that holds the certificated service territory.
  • Regulatory exemption: municipal electricity production facilities operated pursuant to an agreement with a public utility are to be excluded from the statutory definition of “public utility,” and municipalities operating energy production under such agreements are excluded from the “customer-generator” definition in the net‑metering chapter.
  • Joint ownership caveat: if a municipality or joint powers entity holds an undivided interest in a generation facility that is also partly owned by an entity subject to the Public Service Commission, sales of electricity in excess of the participating municipalities’ needs may remain subject to the Act (i.e., possible PSC jurisdiction).

Who is affected

  • Cities and towns (municipal governments) — greater clarity and explicit financing authority for municipal generation projects.
  • Municipal or joint powers utilities — clarified regulatory status when operating under agreement with a certificated public utility.
  • Investor‑owned/regulated public utilities and the Public Service Commission — limited change to jurisdiction, with a specific caveat where joint ownership with a PSC‑regulated entity exists.
  • Local ratepayers and wholesale purchasers — may be affected if municipalities expand wholesale generation.

Fiscal impact

The bill’s fiscal note states there is no fiscal or personnel impact to the state.

Procedural/timeline notes

  • Introduced Jan 16, 2025; referred to committees and subcommittees; had subcommittee meetings and recommendation for amendment and passage.
  • Committee activity: subcommittee recommended amendment and passage (Mar 3, 2025); committee report renumbered the bill as SF 586 (Mar 10, 2025).
  • Final status: S — Died in Committee, Returned Pursuant to SR 5-4.

Bottom line

SF 54 would have explicitly authorized municipal ownership and financing of electricity generation and limited the application of “public utility” status to municipally operated generation when functioning under agreements with certificated utilities — enabling municipal wholesale generation projects while carving out certain regulatory exceptions. The bill did not advance out of committee.

Compiled from official sources — confirm details with the bill’s official record.

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