Impact assistance to local governments.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0159.E1

HOUSE BILL
NO.
HB0212

Impact assistance to local governments.

Sponsored by:
Representative(s) Throne, Barlow and Teeters and Senator(s) Craft and Meier

A BILL

for

AN ACT relating to cities, towns and counties; creating a program to provide assistance to local governments impacted by energy development as specified; providing authority to the state loan and investment board to issue grants to local governments to address the effects of industrial projects or energy development; providing authority for the office of state lands and investments to administer the program; granting rulemaking authority; providing definitions; and providing for an effective date.

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

Section 1.

W.S. 9-17
‑
101 through 9
‑
17
‑
106
are created to read:

CHAPTER 17
IMPACT ASSISTANCE

ARTICLE 1
IMPACT ASSISTANCE FOR DEVELOPMENT

9
‑
17
‑
10
1.

Definitions.

(a)

As used in this article:

(i)

"Board" means the state loan and investment board;

(ii)

"Development"
mean
s
any
oil and gas development including oil and gas producing facilities, oil and gas drilling facilities and oil and gas wellfield activities;

(iii)

"Local government" shall include only counties, cities and towns.

9
‑
17
‑
102.

Impact assistance grant program; amount; conditions; rulemaking authority; reports.

(a)

The state loan and investment board may make grants to one (1) or more counties, cities or towns from the impact assistance account pursuant to W.S. 9
‑
17
‑
101 through 9
‑
17
‑
106. The office of state lands and investments shall administer
this article
. In determining the amount to be granted, the board shall consider anticipated revenues to the applicant under W.S. 39
‑
15
‑
111(c) and 39
‑
16
‑
111(d) and any expected increase in ad valorem tax distributions to the applicant under W.S. 39
‑
13
‑
111 as a result of the development identified in the application under W.S. 9
‑
17
‑
103.

(b)

In making grants pursuant to this section, the board shall adopt rules and establish requirements and standards as it determines necessary and advisable.

(c)

The board may determine to make grants under this section and may impose conditions and limits on the grants as it finds, in its discretion, are necessary to protect state funds. A decision by the board not to make a grant under this section is not subject to judicial review under the Wyoming Administrative Procedure Act.

(d)

As a condition of receiving a grant under this article, a city, town or county shall attest that the grant proceeds will only be expended to address the identified impact under W.S. 9
‑
17
‑
103.

(e
)

The board shall submit an annual report of the grants awarded and the progress of the program created under this
article
to the joint appropriations
interim

committee
on or before December 1 of each year.

9
‑
17
‑
103.

I
mpact assistance.

(a)

A county, city or town which may be impacted by

development may individually
,
or jointly with any other cou
nty, city or town impacted by the same development, apply to
the state loan and investment boar
d for a grant under this article
. The
application shall be filed with the
office of state lands and investments
, in a form as prescribed by rules and regulations
of the board
, and shall contain the following:

(i)

A description of the nature and location of the development;

(ii)

Evidence that
the local government
has pursued alternative methods of funding
to address impacts of the development
including cost sharing from private sources;

(iii)

Verification t
hat the funds will not supplant existing funding
levels from traditional sources;

(iv
)

An
evaluation of potential impacts from the development
together with any plans and proposals for alleviating social and economic impacts upon local governments
proposed by the proponents of the proposed development
. The
se potential impacts may include impacts to
:

(
A
)

Housing;

(
B
)

Transportation;

(
C
)

Sewer and water facilities;

(
D
)

Solid waste facilities;

(
E
)

Police and fire facilities;

(
F
)

Educational facilities;

(
G
)

Health and hospital facilities;

(
H
)

Water supply;

(
J
)

Other
impacted
areas
.

(v
)

A listing of government infrastructure improvements convenient or necessary for the development, and estimated costs of the infrastructure improvements;

(vi
)

Anticipated sales and use tax revenue distributions under W.S. 39
‑
15
‑
111(c) and (p) and 39
‑
16
‑
111(d) and (p) and anticipated increases in ad valorem tax distributions to the
applicant
under W.S. 39
‑
13
‑
111 as a result of the development;

(v
ii
)

For joint applications, the recommended apportionment of
grant proceeds
to each applicant;

(viii
)

Any other information the applicant considers relevant or required by
board
rule or regulation.

9
‑
17
‑
104
.

Action
on application; hearing;
recommendation.

(a)

Not more than forty-five (45) days after receiving a completed application
, the board shall
determine the
applicant's
eligibility for a
grant
under
this article
. All local governments making application shall be permitted to provide any studies, investigations, reports or other documentary evidence which the
applicant
wishes the
board
to consider.

In the discretion of the board, a public hearing may be held to gather information on any application
received
.

The contested case procedures of the Wyoming Administrative Procedure Act do not apply to a hearing under this article. The
board
shall deny the application, or
approve the application if the board determines that
the followin
g are met and
,
considering the totality of the circumstances, determines that a grant should be issued
:

(i)

T
he
development is more likely than not to occur within any county making application or within the boundaries of the county in which any city or town making application is located;
(ii)

The development is likely to materially impact the local government making application;

(ii
i
)

The
proposed impact mitigation measures contained in the application
are necessary
for the anticipated development.

9
‑
17
‑
105
.

Board
determination not subject to review.

No finding by the
board
under this article is subject to judicial review under the Wyoming Administrative Procedure Act.

9
‑
17
‑
106.

Impact assistance account.

There is created the impact assistance
program account.
Funds in the account shall be
distributed to impacted
local governments in accordance with and
to further the purposes of
this article
. At such time and under such conditions as the legislature may specify, funds in the account
may revert to the general fund
.

Section
2
.

This act is effective July 1, 201
3
.

(END)

1
HB0212