§ 11-13-319 — Project entity continued operation study.

(1) The Office of Energy Development shall conduct a study to:

(1)(a) evaluate all environmental regulations and permits to be filed to continue operation of a project entity's existing coal-powered electrical generation facility;
(1)(b) identify best available technology to implement additional environmental controls for continued operation of a project entity's existing coal-powered electrical generation facility;
(1)(c) identify the transmission capacity of the project entity;
(1)(d) coordinate with state and local economic development agencies to evaluate economic opportunities for continued use of a project entity's existing coal-powered electrical generation facility;
(1)(e) analyze the financial assets and liabilities of a project entity;
(1)(f) identify the best interests of the local economies, local tax base, and the state in relation to a project entity;
(1)(g) evaluate the viability of the continued operation of a project entity's existing coal-powered electrical generation facility:
(1)(g)(i) under ownership of the state; or
(1)(g)(ii) in a public private partnership; and
(1)(h) identify the steps necessary for the state to obtain first right of refusal for ownership of a project entity's existing coal-powered electrical generation facility.
(2) A project entity shall cooperate and provide timely assistance and information to the Office of Energy Development in the preparation of the study described in Subsection (1).
(3) The Office of Energy Development shall report to the Public Utilities, Energy, and Technology Interim Committee and the Legislative Management Committee on or before the Public Utilities, Energy, and Technology Interim Committee's September 2023 interim committee meeting.
(4) The report described in Subsection (3) shall include:

(4)(a) the results of the study described in Subsection (1);
(4)(b) recommendations for continued operation of a project entity's existing coal-powered electrical generation facility;
(4)(c) environmental controls that need to be implemented for the continued operation of a project entity's existing coal-powered electrical generation facility;
(4)(d) recommendations to increase local and state tax revenue through the continued operation of a project entity's existing coal-powered electrical generation facility; and
(4)(e) recommendations for legislation to be introduced in the 2024 General Session to enable the continued operation of a project entity's existing coal-powered electrical generation facility.

Legislative History

Enacted by Chapter 195, 2023 General Session