Industrial siting-financial resources.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0596.E1

HOUSE BILL
NO.
HB0260

Industrial siting-financial resources.

Sponsored by:
Representative(s) Stubson and Senator(s) Perkins

A BILL

for

AN ACT relating to
industrial siting; repealing requirements to provide financial assurances regarding construction, maintenance and operation;
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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107(j)(iv), 35
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12
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109(a)(xxi) and 35
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12
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113(a)(iv) are amended to read:

35
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107.

Request for waiver of permit application; form.

(j)

Within ten (10) days from the date of completion of the hearing the council shall make complete findings, issue an opinion and render a decision upon the record, either granting or denying the request for a waiver. The council shall grant a request for a waiver either as proposed or as modified by the council if it finds and determines that:

(iv)

The applicant has financial resources to
construct, maintain, operate,
decommission and reclaim the facility.

35
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12
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109.

Application for permit; form; fee; financial accounting.

(a)

An application for a permit shall be filed with the division, in a form as prescribed by council rules and regulations, and shall contain the following information:

(xxi)

Information demonstrating the applicant's financial capability to
construct, maintain, operate,
decommission and reclaim the facility.

35
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12
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113.

Decision of council; findings necessary for permit conditions imposed; service of decision on parties; waste management surcharge.

(a)

Within forty
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five (45) days from the date of completion of the hearing the council shall make complete findings, issue an opinion and render a decision upon the record, either granting or denying the application as filed, or granting it upon terms, conditions or modifications of the construction, operation or maintenance of the facility as the council deems appropriate. The council shall not consider the imposition of conditions which address impacts within the area of jurisdiction of any other regulatory agency in this state as described in the information provided in W.S. 35
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12
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110(b), unless the other regulatory agency requests that conditions be imposed. The council may consider direct or cumulative impacts not within the area of jurisdiction of another regulatory agency in this state. The council shall grant a permit either as proposed or as modified by the council if it finds and determines that:

(iv)

The applicant has financial resources to
construct, maintain, operate,
decommission and reclaim the facility.

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

(END)

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HB0260