Energy improvement program.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0179

ENROLLED ACT NO. 71, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
local improvements; authorizing the adoption of an energy improvement program by a local government as specified; providing for financing; providing procedures;
and providing for an effective date.

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

Section 1.
W.S. 15
‑
1
‑
701
(a)(ii)
,
by creating a new paragraph (iv) and (b) and 15
‑
1
‑
702 by creating a new subsection (c)
are amended to read:

15
‑
1
‑
701.

Definitions; vesting of powers and privileges.

(a)

As used in this article:

(ii)

"Project" means any land, building, pollution control facility or other improvement and all necessary and appurtenant real and personal properties, whether or not in existence, suitable for manufacturing, industrial, commercial or business enterprises or for health care facilities. Project may also mean an undivided interest as a tenant in common in an electrical generating facility or in pollution control facilities in connection therewith
. Project may also mean an energy improvements program
;

(iv)

"Energy improvements program" means a program authorizing energy efficiency or renewable energy improvements in a program adopted by a municipality, county or joint powers board.

(b)

In order to facilitate and promote the local health and general welfare, the sound economic growth of the state of Wyoming, the development of its natural resources, the protection of its natural environment, provision of health care services,

energy improvements
and to promote employment opportunities for the citizens of Wyoming by creating or encouraging the expansion of manufacturing, industrial plants, processing facilities and all kinds of business which contribute payrolls and tax base to the state of Wyoming, and by attracting to and encouraging the location or the expansion within this state of such plants, facilities and businesses all of which are hereby declared to be and constitute public purposes, the counties and municipalities of the state of Wyoming are vested with the powers and privileges hereafter set forth in this article.

15
‑
1
‑
702.

Powers of municipalities and counties; limitations.

(c)

A municipality, county or joint power
s
board may designate an energy improvements area and establish an energy improvements program to make loans to owners of real property within the area for cost-effective energy improvements to existing residential,
commercial
or industrial buildings on the property. Not less than thirty (30) days prior to the designation under this subsection, the governing body shall provide an explanation of the proposed program to any utility which distributes electricity or natural gas in the are
a
in which the proposed program will operate. A governing body which establishes an energy improvements program may secure a loan under the program with a lien on the benefited property and enforce the lien
in the same manner
as provided for special assessments
under W.S. 15
‑
6
‑
401 et seq.
Additionally
, the governing body may require any other security for a loan it deems
reasonable
and necessary.
The designation may establish:

(i)

A loan application pro
cess that includes an energy audit of the building proposed to be improved
and other requirements to ensure that the loan will be used for energy improvements which are cost

effective and otherwise consistent with the purpose of the program;

(ii)

The loan terms, including interest rates;

(iii)

The application and loan fees sufficient to pay the administrative and financing costs of the program, included costs associated with loan delinquencies; and

(iv)

Any requirements and conditions to ensure timely repayment of loans and fees imposed under the program.

Section 2.
This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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