Senate Committee advances H710 to create PUC decommissioning fund, adds land‑sharing intent

The Senate Committee on Natural Resources & Energy voted unanimously to find H710 favorable after reviewing changes that add decommissioning provisions and a legislative intent paragraph addressing land sharing and shared infrastructure.

A staff member presenting the bill told the committee the draft under review (H710, draft 2.2) includes a new decommissioning special fund to be held by the Public Utility Commission and authority for the PUC to collect surety fees for that fund. "The PUC is going to ... determine a funding formula, not to exceed average cumulative costs of obtaining decommissioned financial instruments," the staff member said, describing a proceeding the PUC would undertake to set the fee amount. The bill also requires the PUC to report back on that formula in 2027.

On retroactivity, the staff member noted longstanding rules of statutory construction and said the intent language and related statutory citations are meant to make clear the bill applies prospectively: "new legislation does not apply to any, ongoing permitting process or litigation," the staff member said. Committee members asked whether previously denied projects could be refiled by a different entity and were told the PUC already applies fact‑dependent tests to determine whether a refiling is substantively new.

Committee discussion also touched on the distinction between net metering and self‑consumption in an exemption definition and a minor wording change (an "and" to "or") on page 2 of the draft that could affect applicability for separate meters and customers. A committee member warned that the Finance Committee will likely weigh in on the fee approach and may propose further edits.

When a member moved that H710 be found favorable, the clerk called the roll. Senators Beck, Bob Myers, Harding, Williams and Watson voted yes, producing a 5‑0 favorable finding to advance the bill.

The committee finished its business five minutes early and adjourned. H710 is expected to move on to additional committee review, including the Finance Committee, where fee methodology and cost caps may be reconsidered.