Industrial siting-expiration of permit.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0262

SENATE FILE
NO.

SF0049

Industrial siting-expiration of permit.

Sponsored by:
Senator(s) Case and Schiffer and Representative(s) Madden

A BILL

for

AN ACT relating to environmental quality; providing that permits issued for the construction of any industrial facility shall expire absent substan
tial performance under the permit
as specified; providing for an
extension
of an industrial facility permit
to meet the substantial performance requirement
as specified
; providing for
judicial revi
ew
; p
roviding a definition
;
providing for applicability;
and providing for an effective date.

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

Section 1.

W.S. 35
‑
12
‑
102
(
a)
by creat
ing a new paragraph (xvi), 35
‑
12
‑
113 by creating

a
new subsection (
j
)

and
35
‑
12
‑
116
(a)
(ii), (iii) and
by creating a new paragraph (iv)
are amended to read:

35
‑
12
‑
102.

D
efinitions.

(a)

As used in this chapter:

(xvi)

"
Substantial p
erformance
"
means expending
twenty-five percent (
25%
)
or more of the
estimated construction cost
of the facility
as determined by the council pursuant
to

W.S. 35
‑
12
‑
113(a)
within two (2) years from
the date the permit
issued
.

35
‑
12
‑
113.

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

(
j
)

A permit granted under this section shall expire
two (2) years
from the date the permit issued if substantial performance of the project has not been achieved.
The council
, upon motion of the permit holder,
shall grant a one (1) year extension
to complete substantial performance under the permit
if it
determines that it is reasonably likely that s
ubstantial
perform
ance

will occur
under the permit
within the
one (1) year extension
.
A determination under this section shall be
considered a final decision for purposes of judicial review pursuant to W.S. 35
‑
12
‑
114(
b).

35
‑
12
‑
116.

Revocation or suspension of permit.

(a)

A permit may be revoked or suspended for:

(ii)

Failure to comply with the terms or conditions of the permit after notice of the failure from the office and reasonable opportunity to correct the failure;
or

(iii)

Violation of this chapter, the regulations issued pursuant to this chapter or orders of the council or office
;
.

or

(iv)

Failure to meet the requirements of

substantial performance under W.S. 35
‑
12
‑
113(
j
).

Section 2
.
This act shall apply to applications
for the construction of industrial facilities
filed with the industrial siting council on and after July 1, 2013.

Section
3
.

This act is effective July 1, 201
3
.

(END)

1
SF0049