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House adopts bill to protect coal-related contracts, seeks notification before fuel shifts

Utah House of Representatives · March 6, 2012
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Summary

Senate Bill 94 passed the Utah House 67–0 on March 6, 2012, permitting replacement generation at an existing out‑of‑state-situs plant and including intent language requiring 120 days' notice before fuel shifting from coal to gas, a provision sponsors said would protect local jobs and existing contracts.

The Utah House voted unanimously March 6 to approve Senate Bill 94, a measure sponsors said is designed to preserve existing generation contracts and protect in-state coal-industry jobs while accommodating eventual fuel changes.

Representative Wright, the bill sponsor on the floor, told members the measure allows an out-of-state purchaser to proceed with defined "replacement" projects so that the plant can continue to operate under existing contracts without adding net new out-of-state generation capacity. "Replacement power would be that they can continue to generate, that they could change fuel, but they could continue to generate as replacement power with the current contracts that we have," Wright said, noting Utah currently holds about 21 percent of the output under existing contracts.

Floor debate centered on the economic importance of coal-fired generation to Utah communities, the timeline for existing contracts and whether the state needed statutory language to discourage immediate fuel shifting. Representatives from coal-producing districts argued the bill protects jobs and long-term investment; other members expressed unease about locking policy choices now.

As part of the floor action, Representative Wright read intent language requiring the IPP/IPA operator to notify the governor, legislative leaders and the Utah Mining Association at least 120 days before signing any contract that would shift fuel from coal to natural gas at the plant. Wright said the language is intended to give elected leaders time to assess political and economic implications.

After discussion, the House passed SB94 67–0. Sponsors said the bill preserves flexibility while seeking commitments from the power purchaser to consult with Utah officials before making fuel-shifting contract decisions; opponents were concerned about long-term market and environmental consequences but recorded no votes against the final passage.