Abandoned mine land funds-2.

2016
STATE OF WYOMING
16LSO-0402
Introduced
1.2

HOUSE BILL

NO.

HB0096

Abandoned mine land funds-2.

Sponsored by:
Joint Appropriations Interim Committee

A BILL

for

AN ACT relating to abandoned mine land funds; authorizing application for funds; appropriating and specifying authorized use of funds; reappropriating prior authorizations; redirecting prior authorizations; specifying and amending reversion dates for funds; and providing for an effective date.

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

[FUTURE AML FUNDING]

Section 1
.

(a)

No application to the federal office of surface mining for grants from the state of Wyoming's share of abandoned mine land funds from the Surface Mining Control
and Reclamation Act Amendments of 2006, Section 411(h
)(
1), pursuant to 2007 H.R. 6111, as amended by 2015 H.R. 22, Section 43001, shall be made except as expressly authorized by the legislature. Unless otherwise specified, grant funds received for the purposes authorized in this act shall be deposited into the state abandoned mine land funds reserve account pursuant to W.S. 35
‑
11
‑
1210. All funds received from the authorized grants which are deposited in the state abandoned mine land funds reserve account are appropriated to the department of environmental quality in the amounts specified in this section to be expended for the purposes set forth in this section.

(b)

The legislature authorizes the department of environmental quality to submit grant applications to the federal office of surface mining for distribution of a portion of funds specified in subsection (a) of this section, including funds previously deposited in the reserve account created by W.S. 35
‑
11
‑
1210(a), for the period ending June 30, 201
8

as follows
:

(
i
)

Seventy-six million five hundred thousand dollars ($76,500,000.00) to the department of environmental
quality to implement the
abandoned mine reclamation program
pursuant to the state implementation plan created by W.S. 35
‑
11
‑
1202. These funds shall be deposited in the abandoned mine reclamation account created by W.S. 35
‑
11
‑
1203;

(ii)

One hundred sixty-two million three hundred thousand dollars ($162,300,000.00) to the highway fund for highway projects, with priority given for addressing the impacts of mineral development;

(iii)

One million three hundred thousand dollars ($1,300,000.00) to the department of environmental quality, air quality division; and

(iv)

One million eight hundred thousand dollars ($1,800,000.00) to the department of environmental quality, solid waste management division.

[AML FUNDING – REAPPROPRIATION OF PRIOR AUTHORIZATIONS]

Section 2
.

(a)

The legislature authorizes the department of environmental quality to submit new grant applications or modify existing grant applications to the federal office of surface mining to
reappropriate
previously authorized funds as follows:

(
i
)

One million four hundred ninety thousand seven hundred twenty-four dollars ($1,490,724.00), or as much thereof as remains available, to the department of environmental quality air quality division from funds appropriated in 2009 Wyoming Session Laws, Chapter 159, Section 339(b)(v) to address
statewide energy impacts
;

(ii)

One million four hundred
four
thousand
ninety
dollars
($1,404,090.00),
or as much thereof as remains available
,
to the department of environmental qualit
y from funds appropriated in 2010
Wyoming Session Laws
,
Chapter
3
9, Section 3
20
(b)(
ii
) for the
solid waste orphan sites program
;

(iii)

One million five hundred thousand dollars ($1,500,000.00),
or as much thereof as remains available to
,
the department of
administration and information
from
funds a
ppropriated in 20
1
1
Wyoming Session Laws
,
Chapter
88
, Section 3
46
(
c
)(
ii
i
) for the Michael B. Enzi science, technology, engineering and mathematics (STEM) undergraduate teaching laboratory to be located on the University of Wyoming campus in Laramie
;

(iv)

Five hundred thousand dollars ($500,000
.00), or as much thereof as remains available, to the department of environmental quality
,
air quality division from funds appropriated in 2012 Wyoming Session Laws
,

Chapter 27, Section 1(b)(iii) for
expenditure on operations and maintenance of ambient air monitors
;

(v)

Four hundred seventy-two thousand five hundred forty-five dollars ($472,545.00)
, or as much thereof as remains available to the department of environmental quality
,

air quality division from funds appropriated in 2012
Wyoming Session Laws
,
Chapter 27, Section 1(b)(i
i
) for addressing statewide energy impacts
.

[AML FUNDING
–

REDIRECTION
OF PRIOR AUTHORIZATIONS]

Section
3
.

The grant applications submitted by the department to the federal office of surface mining shall seek authority to redirect
up to one million seven hundred twenty-nine thousand eight hundred forty-nine dollars ($1,729,849.00) of previously appropriated and reverted funds to the
highway fund for highway projects
, with priority given to projects addressing the impacts of mineral development
.

[AML FUNDING
–

EXTENTION
OF PRIOR AUTHORIZATIONS]

Section
4
.

(a)

2014 Wyoming Session Laws, Chapter 26,
Section
331(k) is amended to read:

[SOLID WASTE ORPHANED SITE PROGRAM]

(k)

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207, up to one million eight hundred thousand dollars ($1,800,000.00) of unexpended, unobligated monies authorized to the department of environmental quality for the solid
waste orphaned site program under 2012 Wyoming Session Laws, Chapter 27, Section 1(b)(
i
) shall not revert and the legislature authorizes the department of environmental quality to submit new applications or modify existing applications to the federal office of surface mining to redirect those funds to the department of environmental quality, air quality division for the period beginning July 1, 2014 and ending
June 30,

2016
2018
.

(b)

2012 Wyoming Session Laws, Chapter 27, Section 2(b
)(
vii) and (c)(intro) and (v) are amended to read:

(b)

The grant applications submitted by the department to the federal office of surface mining shall seek authority to redirect the funds for the following projects:

(
vii
)

Two million dollars ($2,000,000.00) to the
Wyoming pipeline authority
office of the governor
to begin to develop and implement a permitting process to further a
carbon dioxide pipeline network across federal lands in Wyoming. The Wyoming pipeline authority shall perform this work

under the direction of the governor's office and
in coordination with the University of Wyoming
school
of energy resources and the enhanced oil recovery institute;

(c)

Except for funds specified in this subsection, funds appropriated under this section shall be for the period beginning with the effective date of this section and ending June 30, 2014. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(
e) and
9-4-207(a)

9-4-207
, any unexpended, unobligated funds subject to:

(v)

Paragraph (b
)(
vii) of this section shall not revert until
June 30,
2016

2018
; and

[AML FUNDING – REVERSION OF PRIOR AUTHORIZATIONS]

Section 5.

2013 Wyoming Session Laws, Chapter 156, Section 2(c
)(
intro), (iii) and (v) is amended to read:

(c)

Except for funds specified in this subsection, funds appropriated under this section shall be for the period beginning with the effective date of this section and ending June 30, 2014. Notwithstanding W.S. 9-2-1008, 9
‑
2
‑
1012(
e)

and
9-4-207(a)

9
‑
4
‑
207
, any unexpended, unobligated funds subject to:

(iii)

Paragraph (b
)(
iii) of this section
, including any substitute general funds,

shall
not
revert

until June 30

no later than March 15
,
2016;

(v)

Subparagraph (b
)(
vi)(C) of this section
, inclu
d
ing any substitute general funds,

shall

not

revert
until June 30

no later than March 15
,
2016
;

Section
6
.

Except for funds specified in this section, funds
appropriated
in this act
shall be for the period beginning with the effective date of this
act
and ending June 30, 201
8
.

Notwithstanding W.S. 9
‑
2
‑
1008,
9
‑
2
‑
1012(
e) and 9
‑
4
‑
207, any unexpended, unobligated funds subject to section 1 of this act shall remain in effect until the projects are completed.

Section 7.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0096