Bill

Bill > HB326


MT HB326

Establish a tax on electrical energy not produced by coal to match coal severance tax rate


summary

Introduced
01/28/2025
In Committee
01/29/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING THE TAXATION OF COAL AND ELECTRICAL ENERGY PRODUCED IN THE STATE; CREATING THE STATE ENERGY RESOURCE SEVERANCE ACT; PROVIDING FOR A TAX ON ELECTRICAL ENERGY PRODUCTION; PROVIDING AN EXEMPTION FROM THE ELECTRICAL ENERGY PRODUCTION TAX FOR COAL; PROVIDING THE ELECTRICAL ENERGY PRODUCTION TAX IS BASED ON SALE PRICE BY THE ELECTRICAL ENERGY PRODUCER; REDUCING THE TAX RATE OF THE COAL SEVERANCE TAX TO MATCH THE ELECTRICAL ENERGY PRODUCTION TAX RATE; PROVIDING DEFINITIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF THE ELECTRICAL ENERGY PRODUCTION TAX BY THE DEPARTMENT OF REVENUE; CREATING STATE SPECIAL REVENUE ACCOUNTS FOR DISTRIBUTION OF ELECTRICAL ENERGY TAX REVENUE; ALLOCATING REVENUE TO A TRUST ACCOUNT; PROVIDING THAT REVENUE FROM THE TRUST ACCOUNT AND THE ELECTRICAL ENERGY PRODUCTION TAX MUST BE USED FOR LOCAL GOVERNMENT INFRASTRUCTURE PROJECTS TRADITIONALLY FUNDED BY COAL; PROVIDING CONTINGENT FUNDING FOR A STATE ENERGY AUTHORITY; PROVIDING RULEMAKING AUTHORITY; AMING SECTION 15-35-103, MCA; AND PROVIDING EFFECTIVE DATES, AN APPLICABILITY DATE, AND A CONTINGENT TERMINATION DATE.”

AI Summary

This bill establishes a new State Energy Resource Severance Act that creates a 2% tax on electrical energy production from sources other than coal, with several key provisions. The tax applies to electricity generated through water, wind, solar, or other means (except coal-fired generation and non-commercial or agricultural facilities), and will be calculated based on the gross sale price at the point of production. The revenue from this tax will be split between multiple accounts: 50% will go to a state energy resources trust account for state projects, 40% to a Montana energy authority operations account, and 10% to a Montana energy authority resource trust account. The bill also reduces the coal severance tax rate and creates a framework for administrative oversight, including requirements for electrical energy producers to file quarterly returns and pay taxes, with the Department of Revenue responsible for administering and enforcing the new tax. Importantly, sections related to the Montana energy authority accounts will only become effective if the legislature creates a state energy authority designed to develop and advise on energy production and transmission facilities. The new tax will apply to new electricity sales contracts entered into after the bill's effective date, which is January 1, 2026, with the goal of supporting local government infrastructure and potentially diversifying the state's energy economy.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

(H) Died in Process (on 05/20/2025)

bill text


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