WY 2026 HB 46 - Electricity From Solar and Nuclear Resources - Taxation

1. Enduring Local Prosperity

Will this policy encourage families to set down roots, leading to long-term economic development through better local opportunities for the next generation?

Result: N/A

2. Flexible Self-Reliance
Does this policy give individuals, communities and/or the state the flexibility to adapt to changing political and economic circumstances? Will this help individuals and communities move away from ongoing reliance on government programs, subsidies and mandates, and toward independence and resilience?

Result: ✅ Passes

This policy would give Wyoming greater flexibility in the event of increased solar and nuclear power coming to the grid.Should these sources spike in popularity, Wyoming will be well-positioned to reap the tax benefits.

3. Private Property Rights

Does this policy remove institutional barriers, so that individuals or businesses may more easily use their land, property and labor in ways that do not violate the rights of others?

Result: N/A

4. Transparent Constitutional Government

Is this policy limited to carrying out the functions of a small and transparent government as described in the U.S. and Wyoming constitutions, while dividing power appropriately between the legislative, executive and judicial branches of Wyoming's government?

Result: N/A

5. Responsible Taxation & Spending

Will this policy reduce government spending, broaden the tax base, simplify tax policy or lower tax/fee intake?

Result: ✅ Passes

This bill broadens the tax base by adding solar and nuclear to the per kilowatt hour excise tax.While these sources are miniscule in relation tax revenue from fossil fuel and wind sources, this revenue could grow exponentially in the long run, giving Wyoming the power to reduce taxes in other areas.Unfortunately, it also provides these sources with a three-year exemption for newly produced power.Eliminating the three-year exemption would make HB 46 even better.

6. Local and State Control

Will this policy return power to Wyoming families or local governments from state government? Or will this policy transfer power to state government from the federal government?

Result: N/A

7. Voluntary Exchange & Individual Choice

Does this policy remove obstacles from business and consumers engaging in voluntary, mutually beneficial transactions, ultimately giving consumers more choices?

Result: N/A

8. Profit Motive & Fair Competition

Does this policy encourage entrepreneurs and businesses to seek profits through calculated risks based on market prices rather than government signals, lowering prices for consumers?

Result: ✅ Passes

Broadening the electricity tax to solar/nuclear would even the playing field of electricity generation,allowing power-producing businesses to more accurately assess where power is needed most,allocating resources to the most efficient industries.

9. Electoral Accountability

Does this policy assist Wyomingites in voting more securely and/or easily for eligible candidates in transparent elections for public office? Or provide mechanisms for holding elected or non elected officials accountable for their actions to the people of Wyoming?

Result: N/A

10. Generational Resource Stewardship

Would this policy ensure Wyoming's natural resources can be shared across current and future generations of Wyomingites?

Result: ✅ Passes

✅

Final Verdict: Passes the WyLiberty Policy Compass

Score: 4 Pass | 0 Caution | 0 Fail | 6 Not Applicable

Summary:

HB 46 scores positively on 4 of 4 considered Compass Points,leading Wyoming Liberty Group to support this legislation. HB 46revises Wyoming's electricity tax on wind to also cover power generated from solar/nuclear sources. It updates the term"generating facility," to include all three energy types, and applies an excise tax on each megawatt hour of electricity produced,beginning in 2027. At the same time, it replaces the current, separate tax on nuclear reactor electricity, simplifying tax policy. The one "room for improvement" to HB 46(as of January 28, 2026) is the three-year tax exemption for new solar/nuclear facilities beginning when electricity is first sold (as is the case currently for new wind power).