UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT RESTRICTING THE USE OF PUBLIC FUNDS, TAX CREDITS, AND TAX DEDUCTIONS FOR A COAL OR NATURAL GAS ELECTRICAL GENERATION FACILITY UNLESS THE NET GENERATING LOAD OF THAT FACILITY IS DEDICATED TO IN-STATE USE FOR CUSTOMERS WITH AN INDIVIDUAL LOAD REQUIREMENT OF LESS THAN 1,000 KILOWATTS; RESTRICTING THE USE OF PUBLIC FUNDS, TAX CREDITS, AND TAX DEDUCTIONS FOR TRANSMISSION FACILITIES UNLESS THOSE FACILITIES ARE PUBLICLY OWNED; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Restrictions on public funds, tax credits, and tax deductions for coal and natural gas electrical generation facilities. (1) The legislature may not:
(a) appropriate money that is to be used to finance or build a coal or natural gas electrical generation facility unless the net generating load of that facility is dedicated to in-state use at cost-based prices for customers with an individual load requirement of less than 1,000 kilowatts; or
(b) provide for tax credits or tax deductions for a coal or natural gas electrical generation facility unless the net generating load of that facility is dedicated to in-state use at cost-based prices for customers with an individual load requirement of less than 1,000 kilowatts.
(2) An agency of state government may not:
(a) expend any appropriated money to finance or build a coal or natural gas electrical generation facility unless the net generating load of that facility is dedicated to in-state use at cost-based prices for customers with an individual load requirement of less than 1,000 kilowatts;
(b) loan money to build a coal or natural gas electrical generation facility unless the net generating load of that facility is dedicated to in-state use at cost-based prices for customers with an individual load requirement of less than 1,000 kilowatts;
(c) finance a coal or natural gas electrical generation facility unless the net generating load of that facility is dedicated to in-state use at cost-based prices for customers with an individual load requirement of less than 1,000 kilowatts; or
(d) sell bonds to finance a coal or natural gas electrical generation facility unless the net generating load of that facility is dedicated to in-state use at cost-based prices for customers with an individual load requirement of less than 1,000 kilowatts.
NEW SECTION. Section 2. Restrictions on public funds, tax credits, and tax deductions for transmission facilities. (1) The legislature may not:
(a) appropriate money that is to be used to finance or build transmission facilities unless those facilities are publicly owned; or
(b) provide for tax credits or tax deductions for transmission facilities unless those facilities are publicly owned.
(2) An agency of state government may not:
(a) expend any appropriated money to finance or build transmission facilities unless those facilities are publicly owned;
(b) loan money to build transmission facilities unless those facilities are publicly owned;
(c) finance transmission facilities unless those facilities are publicly owned; or
(d) sell bonds to finance transmission facilities unless those facilities are publicly owned.
(3) For purposes of this section:
(a) "publicly owned" means that 100% of the transmission facilities are owned by a public entity; and
(b) "transmission facilities" has the meaning provided in 69-8-103.
NEW SECTION. Section 3. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 17, chapter 8, part 1, and the provisions of Title 17, chapter 8, part 1, apply to [sections 1 and 2].
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 5. Applicability. [This act] applies to proceedings begun after [the effective date of this act].
- END -
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