Industrial siting-amendments.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0458

HOUSE BILL
NO.
HB0186

Industrial siting-amendments.

Sponsored by:
Representative(s) Hastert and Thompson

A BILL

for

AN ACT relating to industrial development and siting; providing for impact assistance payments for an industrial facility as specified; amending a definition;
removing the exemption for oil and gas facilities;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
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12
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102(a)(vii)(intro),
35
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12
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119(c)(iii),
39
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15
‑
111(c) and 39—16
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111(d) are amended to read:

35
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12
‑
102.

Definitions.

(a)

As used in this chapter:

(vii)

"Industrial facility" or "facility" means any industrial facility with an estimated construction cost of at least ninety
‑
six million nine hundred thousand dollars ($96,900,000.00)
as of May 30, 1987

or one (1) or more permitted facilities within a twelve (12) month period with a combined estimated construction cost of at least ninety-six million nine hundred thousand dollars ($96,900,000.00)
. Exempt activities shall not be included in the estimated construction cost of an industrial facility. The council shall adjust this amount, up or down, each year using recognized construction cost indices as the council determines to be relevant to the actual change in construction cost applicable to the general type of construction covered under this chapter. "Facility" also includes, regardless of construction cost:

35
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12
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119.

Exemptions; information required.

(c)

The construction, operation and maintenance of the following activities are exempt from this chapter:

(iii)

All pipelines except
C
oal slurry pipelines;

39
‑
15
‑
111.

Distribution.

(c)

If any person commences after the effective date of this act to construct an industrial facility, as that term is defined in W.S. 35
‑
12
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102, under a permit issued pursuant to W.S. 35
‑
12
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106, or if the federal or state government commences to construct any project within this state with an estimated construction cost as specified in the definition of industrial facility in W.S. 35
‑
12
‑
102 the state treasurer shall thereafter pay to the county treasurer and the county treasurer will distribute to the county, cities and towns of that county in which the industrial facility or project is located, impact assistance payments from the monies available under paragraph (b)(i) of this section. Each payment to the county treasurer shall be equal to the excess of each monthly payment made under paragraph (b)(iii) of this section during the period of construction over the base period amount and shall continue during the period of construction except that in the case of an industrial facility or a federal or state government project which is expected to continue in phases for an indefinite period of time, the state treasurer shall discontinue payments under this section and establish a new base period when construction of any phase has ceased or been substantially completed for twelve (12) consecutive months.
In lieu of the monthly payments authorized by this section, a county may apply to the industrial siting council under W.S. 35
‑
12
‑
104 for a lump sum payment which shall be an estimate of six (6) months of payments the county would have otherwise received under this subsection. If the application is approved by the industrial siting council for good cause shown in a public hearing held in accordance with W.S. 35
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12
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106, the state treasurer shall distribute the lump sum amount. The state treasurer shall distribute the lump sum payment within forty
‑
five (45) days of the industrial siting council's approval. If the lump sum payment is made, the state treasurer shall treat the payment as a credit against the ensuing six (6) monthly payments to which the county is otherwise entitled.

The impact assistance payments shall be distributed to the county treasurer and the county treasurer will distribute to the county and to the cities and towns therein based on a ratio established by the industrial siting council during a public hearing held in accordance with W.S. 35
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12
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110. The industrial siting council shall review the distribution ratio for construction projects on a regular basis and make appropriate adjustments. A governing body which is primarily affected by the facility, or any person issued a permit pursuant to W.S. 35
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12
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106, may petition the industrial siting council for review and adjustment of the distribution ratio upon a showing of good cause. The impact assistance payment shall be in addition to all other distributions under this section, but no impact assistance payment shall be made for any period in which the county or counties are not imposing the maximum tax authorized by W.S. 39
‑
15
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204(a)(i) and 39
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16
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204(a)(i) as restricted by W.S. 39
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15
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204(a)(iv) and 39
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16
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204(a)(iii). For purposes of this subsection, the industrial facility or federal or state government project will be deemed to be located in the county in which a majority of the construction costs will be expended, provided that upon a request from the county commissioners of any adjoining county to the industrial siting council, the council may determine that the social and economic impacts from construction of the industrial facility or federal or state government project upon the adjoining county are significant and establish the ratio of impacts between the counties and certify that ratio to the state treasurer who will thereafter distribute the impact assistance payment to the counties pursuant to that ratio.

39
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16
‑
111.

Distribution.

(d)

If any person commences after the effective date of this act to construct an industrial facility, as that term is defined in W.S. 35
‑
12
‑
102, under a permit issued pursuant to W.S. 35
‑
12
‑
106, or if the federal or state government commences to construct any project within this state with an estimated construction cost as specified in the definition of industrial facility in W.S. 35
‑
12
‑
102 the state treasurer shall thereafter pay to the county treasurer and the county treasurer will distribute to the county, cities and towns of that county in which the industrial facility or project is located, impact assistance payments from the monies available under paragraph (b)(i) of this section. Each payment to the county treasurer shall be equal to the excess of each monthly payment made under paragraph (b)(iii) of this section during the period of construction over the base period amount and shall continue during the period of construction except that in the case of an industrial facility or a federal or state government project which is expected to continue in phases for an indefinite period of time, the state treasurer shall discontinue payments under this section and establish a new base period when construction of any phase has ceased or been substantially completed for twelve (12) consecutive months.
In lieu of the monthly payments authorized by this section, a county may apply to the industrial siting council under W.S. 35
‑
12
‑
104 for a lump sum payment. If approved by the industrial siting council in a public hearing held in accordance with W.S. 35
‑
12
‑
106, the state treasurer shall distribute an amount equal to six (6) months of payments the county would have otherwise received under this subsection. The state treasurer shall distribute the lump sum payment within forty
‑
five (45) days of the industrial siting council's approval. If the lump sum payment is made, the state treasurer shall treat the payment as a credit against the monthly payments to which the county is otherwise entitled.

The impact assistance payments shall be distributed to the county treasurer and the county treasurer will distribute to the county and to the cities and towns therein based on a ratio established by the industrial siting council during a public hearing held in accordance with W.S. 35
‑
12
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110. The impact assistance payment shall be in addition to all other distributions under this section, but no impact assistance payment shall be made for any period in which the county or counties are not imposing the maximum tax authorized by W.S. 39
‑
15
‑
204(a)(i) and 39
‑
16
‑
204(a)(i) as restricted by W.S. 39
‑
15
‑
204(a)(iv) and 39
‑
16
‑
204(a)(iii). For purposes of this subsection, the industrial facility or federal or state government project will be deemed to be located in the county in which a majority of the construction costs will be expended, provided that upon a request from the county commissioners of an adjoining county to the industrial siting council, the council may determine that the social and economic impacts from construction of the industrial facility or federal or state government project upon the adjoining county are significant and establish the ratio of impacts between the counties and certify that ratio to the state treasurer who will thereafter distribute the impact assistance payment to the counties pursuant to that ratio.

Section 2.

W.S. 35
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12
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119(c)(ii), (iv) and (v) is repealed.

Section
3
.

This act is effective July 1, 2006.

(END)

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HB0186