State funded capital construction.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0041

ENROLLED ACT NO. 29,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to state funded facilities; providing appropriations for state funded capital construction for the biennium commencing July 1, 2016 and ending June 30, 2018; continuing and codifying state facility accounts as specified; continuing the task force on department of health facilities; providing definitions; providing for conditions and other requirements related to state funded capital construction appropriations; repealing provisions related to University of Wyoming matching fund requirements in prior capital construction appropriations; providing for funding of mineral impacted road projects; providing appropriations; providing for carryover appropriations; and providing effective dates.

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

Section 1
.

W.S. 9
‑
4
‑
221 through
9
‑
4
‑
22
3
are created to read:

9
‑
4
‑
221
.

State facilities construction account created; purposes.

The state facilities construction account created by 2014 Wyoming Session Laws, Chapter 26, Section 300(h) is continued. Funds within the account shall only be expended
upon
legislative appropriation. All funds within the account shall be invested by the state treasurer and all investment earnings from the account shall be
deposited
to the
account
.

9
‑
4
‑
222
.

University of Wyoming science initiative account created; purposes.

The University of Wyoming science initiative account created by 2015 Wyoming Session Laws, Chapter 142, Section 317(c) is continued. Funds within the account shall only be expended
upon
legislative appropriation. All funds within the account shall be invested by the state treasurer and all investment
earnings from the account shall be credited to the general fund.

9
‑
4
‑
223
.

Casper state facilities account created; purposes
.

The Casper state facilities account created by 2015 Wyoming Session Laws, Chapter 142, Section 346, footnote (f) is continued. Funds within the account shall only be expended
upon
legislative appropriation. All funds within the account shall be invested by the state treasurer and all investment earnings from the account shall be credited to the general fund.

Section
2
.

(a)

As used
in
section 2 through section
14
of
this act:

(
i
)

"
Appropriation
"
means the authorizations granted by the legislature under this act to make expenditures from and to incur obligations against the general and other funds as specified;

(
i
i
)

"
Approved budget
"
means an approved budget as defined by W.S.
9
‑
2
‑
1005(e);

(
iii
)

"
FF
"
means federal funds;

(
iv
)

"
PR
"
means private funding sources;

(
v
)

"
SR
"
means an agency
'
s account within the special revenue fund;

(
vi
)

"
S0
"
means other funds identified by footnote;

(
vii
)

"
T5
"
means the penitentiary permanent land fund
;

(viii)

"
Unappropriated, unobligated and unrestricted federal funds
"
means funds received by the state of Wyoming from the federal government which:

(A)

The receipt of which is not conditioned or required by federal law, rule or regulation to be expended on a purpose other than one authorized in this act;

(B)

Are not required by Wyoming law to be expended for a purpose other than projects undertaken pursuant to
t
itle 2
4
or

title
35,
chapter
11
of Wyoming statutes or one authorized in this act; and

(C)

By Wyoming law are to be deposited to the general fund, the Wyoming highway fund, or an account created by Wyoming law and from which funds may only be appropriated upon further action of the legislature.

[CAPITAL CONSTRUCTION]

Section
3
.

(a)

The following sums of money are appropriated for the capital construction projects specified. Appropriations for these projects remain in effect
until the project is completed
.

Appropriated funds under this section shall be expended only on the projects specified and any unused funds remaining at project completion shall revert to the accounts from which they were appropriated. The amounts appropriated in this section are intended to provide a maximum amount for each project and shall not be construed to be an entitlement or guaranteed amount
:

(i)

Appropriations for projects with state funding administered through the department of administration and information:

GENERAL FEDERAL OTHER TOTAL
APPROPRIATION FUND FUNDS FUNDS APPROPRIATION
FOR $ $ $ $

PROGRAM

OSLI-Forestry Level III

6,866,375

6,866,375

A&I-State Fac.-Casper I
1.

13,000,000

13,000,000

A&I-State Fac.-Casper II
1.,5.

7,000,000

7,000,000

CC-CWC Ag/Animal Science
2.

5,250,000

5,250,000

PR

10,500,000

CC-NWCCD Tech Ed Ctr.
2.

6,500,000

6,500,000

PR

13,000,000

CC-LCCC Ludden Library
8.

5,000,000

PR

5,000,000
CC-LCCC Residence Hall

13,000,000

PR

13,000,000

CC-LCCC Children's Ctr.

2,900,000

PR

2,900,000

CC-NWCCD Residence Hall

11,162,785

PR

11,162,785

State Parks-Health/Safety
3.

500,000

3,500,000

SR

4,000,000

State Parks-Terr. Prison

210,000

SR

210,000

State Parks-Water Fac.

300,000

1,700,000

SR

2,000,000

Dept. of Health-Facs. I
4.

45,000,000

45,000,000

Dept. of Health-Facs. II
4.

25,000,000

25,000,000

DOC-WMCI Buildout

13,500,000

T5

13,500,000

WSP Repairs
6.,7.

7,750,000

T5

7,750,000

TOTALS

108,616,375

800,000

70,472,785

179,889,160

1
.

This appropriation shall be deposited into the Casper state facilities account
and expended pursuant to
O
ption
2
as requested in the department of administration and information's 2017-2018 biennial budget request with adjacent surface parking.

2
.

As a condition of this appropriation, the
applicable
college must expend the entire appropriation of other funds prior to the
release
of any general funds
or funds from the strategic investments and project account
appropriated for purposes of the authorized capital construction project.

3
.

Of these federal and other funds appropriations, funds may be expended for rehabilitation of existing facilities, but no funds shall be expended for the construction of new facilities without further legislative authorization.

4
.

Funds from this appropriation shall be deposited in the state facilities construction account.

5.

This appropriation shall only be expended upon approval of the state building commission for land acquisition purchases pursuant to Option 2 as requested
in
the
department of administration and information’s 2017-2018 biennial budget request with adjacent surface parking.

6.

Of this other funds appropriation, seven hundred fifty thousand dollars ($750,000.00)T5 shall only be expended for consultants in order to facilitate the evaluation of remedies outlined in 2016 Senate File 91
, if enacted into law
. Any
consulting contract shall be subject to the approval of the governor after consultation with the select committee created by 2016 Senate File 91
, if enacted into law
.

7.

(a)

No funds for repairs or other construction shall be expended from this appropriation unless the governor has first consulted with the select committee created by 2016 Senate File 91, if enacted into law, and in all events the governor has determined:

(
i
)

That the expenditure will cause a significant portion of the existing facilities to remain useful for a significant life cycle that warrants the expenditure;

(
ii
)

That if it is determined that replacement of portions of the facility that are damaged due to construction defects should be undertaken, the expenditure of these funds, without additional funding, is warranted; and

(
iii
)

That repair or replacement of the facility with these funds cannot be delayed until the select committee has completed its work under Senate File 91, as enacted into law.

8.

As a condition of this appropriation, Laramie County Community College must raise and expend one-half (1/2) of this other funds appropriation prior to the release of any funds appropriated in section 7 of this act for purposes of the authorized capital construction project. Any costs of the project in excess of five million dollars ($5,000,000.00) shall be borne by the college.

(i
i
)

Appropriations for University of Wyoming projects:

GENERAL FEDERAL OTHER TOTAL
APPROPRIATION FUND FUNDS FUNDS APPROPRIATION
FOR $ $ $ $
PROGRAM

UW Science Initiative
.
1
.

5
1
,
2
00,000

5
1
,
2
00,000
Engineering Building
I
11
,
5
00,000

11
,
5
00,000
West Campus Energy Plant
1,000,000
1
,000,000
Property Purchases
3,000,000
3,000,000
Engineering Building
II
3
,000,000

3
,000,000

UW Med Ed
‑
WWAMI Level II

300,000

300,000

TOTAL
S

7
0,000,000

0

0

7
0,000,000

1.

The state treasurer shall deposit this appropriation into the U
niversity of
W
yoming
science initiative account.

(
b
)(i)

Except as provided in para
graph (ii) of this subsection,
general funds
appropriated in this section
shall only be released for purposes of expenditure when a like amount of
unappropriated, unobligated and unrestricted federal funds
have been
received by the state of Wyoming
in the fiscal biennium commencing July 1, 2016 as certified by the governor and
determined by the state auditor
.
Upon
certification and determination of the
receipt
and deposit
of
such federal
funds, general funds appropriated in section
3
of this act shall be made available for expenditure in the following order:

(A)

Eleven
million five hundred thousand dollars ($
11
,500,000.00) for the Engineering Building
I
;

(B)

One million dollars ($1,000,000.00) for the West Campus Energy Plant;

(C)

Forty-five
million dollars ($
45
,000,000.00) for the Dept. of Health – Fac
s
.
I
;

(D)

Five million three hundred seventy
‑
nine thousand eight hundred forty
‑
nine dollars ($5,379,849.00) for the OSLI – Forestry Level III;

(
E
)

T
hirteen
million dollars ($
13
,000,000.00) for
A&I

‑

State Fac.

‑
Casper I
;

(
F
)

Five million two hundred fifty thousand dollars ($5,250,000.00) for CC – CWC Ag/Animal Science;

(
G
)

Six million five hundred thousand dollars ($6,500,000.00) for the CC – NWCCD Tech Ed Ctr.;

(
H
)

Twenty-five
million dollars ($
25
,000,000.00) for the
Dept. of Health – Fac
s
.
II
;

(
J
)

Fifty
‑
one
million
two
hundred thousand dollars ($5
1
,
2
00,000.00) for the UW Science
Initiative;

(
K
)

Three million dollars ($3,000
,000.00) for Property Purchases; and

(M)

Three hundred thousand dollars ($300,000.00) for UW Med Ed – WWAMI Level II.

(ii)

T
he restrictions and conditions in paragraph (i) of t
his subsection shall not apply to
:

(A)

O
ne million four hundred eighty
‑
six thousand five hundred twenty
‑
six dollars ($1,486,526.00) of gene
ral funds appropriated for the F
orestry
L
evel III
P
roject; and

(B)

T
hree
million dollars ($
3
,000,000.00) of general funds appropriated for the Engineering Bu
ilding
II
;

(C)

Seven million dollars ($7,000,000.00) of general funds appropriated for the
A&I

‑

State Fac.

‑
Casper I
I
for land acquisition purchases.

(iii)

Federal funds certified by the governor and determined by the state auditor to have met the requirements of paragraph (i) of this subsection, shall be deposited to the general fund i
f not otherwise provided by law
.

[DEPARTMENT OF HEALTH FACILITIES TASK FORCE]

Section
4
.

(a)

The joint legislative and executive task force on department of health facilities created in 2014 Wyoming Session Laws, Chapter 26, Section 329 as amended by 2015 Wyoming Session Laws, Chapter 142 is hereby continued.

(b)

The task force shall be comprised of:

(i)

Three (3) members of the senate, appointed by the president of the senate;

(ii)

Three (3) members of the house of representatives, appointed by the speaker of the house;

(iii)

Two (2) members
of executive branch departments
appointed by the governor. In considering appointments to the task force who are not members of the legislature, the governor shall consider th
e expertise required to procure a Level III design study and evaluate options for the Wyoming retirement center
as provided in this section.

(c)

The task force shall
implement the recommendations for its 2016 work as provided in the January 7, 2016 department of health facilities task force final report on file with the legislative service office, including
:

(i)

Procuring and supervising a Level III design study for the Wyoming state hospital and the Wyoming life resource center; and

(ii)

Evaluating potential options for the management and ownership structure of the Wyoming retirement center;

(i
ii)

Providing
interim reports on the activities of the task force to the joint appropriations committee and the joint labor, health and social services interim committee not later than November 1, 2016 and November 1, 2017;

(iv)

Providing
recommendations for legislative action.

(d)

The task force shall be staffed by the legislative service office.
The department of administration and information shall serve in an advisory capacity to the task force and shall provide technical and other relevant information as requested.

(
e
)

Recommendations of the task force created by this section shall be submitted for legislative action to the joint appropriations committee and the joint labor, health and social services interim committee not later than June 30, 2018.

(
f
)

The task force may contract with experts as necessary to fulfill the duties assigned under this section upon majority vote of the task force and with the approval of the governor. No contract under this subsection shall be subject to the procurement provisions of W.S. 9
‑
2
‑
1016.

(
g
)

The task force shall terminate on June 30, 2018.

(h)

There is appropriated forty thousand dollars ($40,000.00) from the general fund to the legislative service office. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2018. This appropriation shall only be expended for the purpose of funding salary, mileage and per diem of legislative members of the task force. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2018.

(j)

There is appropriated nine million dollars ($9,000,000.00) from the

s
tate facilities construction account
to the department of administration and information to
procure, develop and implement the Level III design study as approved by the department of health facilities task force.

[WYOMING STATE VETERINARY BIOSAFETY LEVEL III LABORATORY]

Section
5
.

In addition to the authority provided under W.S. 9
‑
1
‑
417
, and upon approval of the governor,
t
he
state treasurer and the state auditor
shall direct a
no interest
loan from the state
'
s risk management pool to the department of administration and information construction management program within the general services division as
t
he
y
determine necessary
for
repair
s
to the Wyoming state veterinary biosafety level III laboratory
. The division may expend the funds as necessary
to fully commission the laboratory space. Proceeds collected from insurers and third parties for the repairs shall be used to repay
the
loan. The attorney general, department of administration and information and the University of Wyoming shall coordinate efforts to recover damages to the Wyoming state veterinary biosafety level III laboratory.

[CARRYOVER APPROPRIATIONS
‑
LAND ACQUISITION
‑
HONOR FARM]

Section
6
.

Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), of unobligated monies appropriated from the general fund to the department of corrections under 2015 Wyoming Session Laws, Chapter 142, Section 348 for land acquisition at the honor farm, two hundred fifty thousand dollars ($250,000.00) or as much thereof as is available shall not revert, and
is
hereby reappropriated to the department of corrections for the period ending June 30, 2018 to purchase replacement property that would allow the department to carry out its mission in a substantially similar manner
, for costs associated with the purchase of replacement land or for costs associated with the disposal of three hundred two and eighteen hundredths (302.18) acres of department of corrections acquired institutional lands in Fremont County. All
expenditures of these general funds shall be made with the approval of the state building commission
.
Proceeds from the disposal of three hundred
two
and eighteen hundredths (30
2
.18) acres of department of corrections acquired institutional lands in Fremont County are appropriated for land acquisition at the honor farm.

[CONDITIONAL APPROPRIATIONS FROM INVESTMENT EARNINGS
DERIVED

IN FISCAL YEAR 2017]

Section
7
.

The following sums of money are appropriated for the capital construction projects specified from revenues credited to the strategic investments and projects account under W.S. 9
‑
4
‑
719(q) attributable to earnings from the fiscal year beginning July 1, 2016 and ending June 30, 2017. Appropriations for these projects remain in effect until the project is completed. Any unexpended, unobligated appropriations remaining in a capital construction project budget upon completion of the project shall be deposited into the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j). To the extent funds are available, the appropriations shall be made available as soon as practicable on or after June 30, 2017, but not later than ninety (90) days after the end of the 2017 fiscal year. The amounts appropriated in this section are intended to provide a maximum amount for each project and shall not be construed to be an entitlement or guaranteed amount. In the event there are insufficient funds to accomplish the purposes of all appropriations in this section
from earnings
deposited
to the
strategic investment and projects account
in fiscal year 2017
the state treasurer and the state auditor may utilize interfund loans
from the
legislative stabilization reserve
account as authorized in section
9

of this act. If there are insufficient funds in the
strategic investment and projects account
and the
legislative stabilization reserve
account to accomplish the purposes of all appropriations in this section,
appropriations shall be made in priority order, with the total
appropriation funded for each priority before funding the next priority as specified:

Priority

Agency

Description

Amount ($)

I.

006 State facilities construction account
2
.

2
0
,000,000
II.
006 Ludden Library
6.

2,500,000

III.

067 University science initiative
3
.

24,
4
00,000
IV.

006

State facilities – Casper
4
.

1
2
,000,000

V
.
006 Capitol
bldg.
rehabilitation and restoration account
1.

20,000,000

V
I
.

045

Mineral impacted roads
5.

To be determined.

1.

Funds from this appropriation shall be deposited in the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j).

2.

Funds from this appropriation shall be deposited in the state facilities construction account.

3.

The state treasurer shall depo
sit this appropriation in the University of Wyoming
science initiative account.

4.

This appropriation shall be deposited in the Ca
sper state facilities account.

5.

To the extent highway funds are deposited to the mineral impacted road account pursuant to section 13 of this act, that amount is appropriated for deposit to the highway fund. Funds deposited to the highway fund under this section shall not be subject to any reversion or lapse.

6
.

As a condition of this appropriation, the applicable college must expend the entire appropriation of other funds prior to the release of any funds from the strategic investments and project account appropriated for purposes of the authorized capital construction project.

[CONDITIONAL APPROPRIATIONS FROM INVESTMENT EARNINGS DERIVED
IN FISCAL YEAR 2018]

Section
8
.

The following sums of money are appropriated for the capital construction projects specified from revenues credited to the strategic investments and projects account under W.S. 9
‑
4
‑
719(q) attributable to earnings from the fiscal year beginning July 1, 2017 and ending June 30, 2018. Appropriations for these projects remain in effect until the project is completed. Any unexpended, unobligated appropriations remaining in a capital construction project budget upon completion of the project shall be deposited into
the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j). To the extent funds are available, the appropriations shall be made available as soon as practicable on or after June 30, 2018, but not later than ninety (90) days after the end of the 2018 fiscal year. The amounts appropriated in this section are intended to provide a maximum amount for each project and shall not be construed to be an entitlement or guaranteed amount. In the event there are insufficient funds to accomplish the purposes of all appropriations in this section

from earnings
deposited
to the strategic investment and projects account in fiscal year 201
8
the state treasurer and the state auditor may utilize interfund loans from the
legislative stabilization reserve
account as authorized in section
9
of this act. If there are insufficient funds in the strategic investment and projects account and the
legislative stabilization reserve
account to accomplish the purposes of all appropriations in this section,
appropriations shall be made in priority order, with the total appropriation funded for each priority before funding the next priority as specified:

Priority

Agency

Description

Amount ($)

I.

006 State facilities construction account
2
.

20,000,000

II.

067 University science initiative
3
.

24,
4
00,000
I
II
.
006 State facilities – Casper
4.
12,000,000
I
V
.
006 Capitol bldg. rehabilitation and restoration account
1.

20,000,000

V.

045

Mineral impacted roads
5.
To be determined.

1.

Funds from this appropriation shall be deposited in the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j).

2.

Funds from this appropriation shall be deposited in the state facilities construction account.

3.

The state treasurer shall deposit this appropriation in the U
niversity of
W
yoming
science initiative account.

4.

This appropriation shall be deposited in the Casper state facilities account.

5.

To the extent highway funds are deposited to the mineral impacted road account pursuant to section 13 of this act, and have not been replenished under section 7 of this act, an amount necessary to completely restore those highway funds is
appropriated for deposit to the highway fund. Funds deposited to the highway fund under this section shall not be subject to any reversion or lapse.

[INTERFUND LOAN]

Section
9
.

In addition to the authority provided under W.S. 9
‑
1
‑
417 t
he state treasurer and the state auditor may utilize
up to one hundred fifty million dollars ($150,000,000.00) in
interfund loans from the unexpended, unobligated balance of the
legislative stabilization reserve
account for deposit to the strategic investments and projects account as necessary to meet appropriations from that account and contract obligations of the department of administration
and information
and
U
niversity of Wyoming incurred for purposes of this act.
The state treasurer and the state auditor shall not utilize interfund loans under this section to meet appropriations for Mineral impacted roads in section 7, priority VI and section 8, priority V, appropriations for the Ludden library in section 7, priority II or appropriations for the Capitol bldg. rehabilitation and restoration account in section 7, priority V and section 8, priority IV of this act.

[DEPOSIT OF REVERSIONS TO CAPITOL BUILDING REHABILITATION
AND RESTORATION ACCOUNT]

Section
1
0
.

Any unexpended, unobligated appropriations from the general fund or budget reserve account remaining in a capital construction project budget upon completion of the project shall be deposited into the capitol building rehabilitation and restoration account created by W.S. 9
‑
5
‑
109(j) and shall not be transferred or expended for any other purpose. Any reversion of unexpended, unobligated funds in any capital construction budget contained in any prior capital construction appropriation from the general fund or budget reserve account, which occurs prior to July 1, 2018, shall also be deposited into the capitol building
rehabilitation and restoration account, unless the appropriation specified another use of the reverted funds.

[DEPARTMENT OF CORRECTIONS CAPITAL CONSTRUCTION REVERSION]

Section
1
1
.

Notwithstanding any other provision of law, of unobligated, unexpended monies from the two million one hundred seventy
‑
three thousand five hundred dollar ($2,173,500.00) appropriation from the general fund to the department of corrections pursuant to 2004 Wyoming Session Laws, Chapter 95, Section 3, Section 080, for purposes of WSP – North Facility Demolition and the one hundred fifty thousand dollar ($150,000.00) appropriation to the department of administration and information pursuant to 2009 Wyoming Session Laws, Chapter 159, Section 3, Section 006, for purposes of DOC – North Indust
.
Bldg
.
Renov
.
, nine hundred twenty
‑
nine thousand nine hundred forty
‑
seven dollars
($929,947.00) is re
appropriated to the department of administration and information for flooring system renovation at the Wyoming honor conservation camp, Wyoming women
'
s center and Wyoming medium correctional institution and nine hundred ninety thous
and dollars ($990,000.00) is re
appropriated to the
department of corrections for purposes of WSP – North Facility Demolition.

Notwithstanding section 9 of this act, t
he remaining four hundred three thousand five hundred fifty
‑
three dollars ($403,553.00) or as much thereof as is available, shall not be transferred or expended for any other purpose, and any unexpended, unobligated funds remaining from these appropriations shall revert to the budget reserve account on June 30, 201
6
.

Section 1
2
.

(a
)

2012

Wyoming Ses
sion Laws, Chapter 26, Section 3, Section 067, footnote 1 as amended by
2013 Wyoming Session Laws, Cha
pter 73, Section 3, Section 067
, footnote 1 is
further
amended to read:

1.

This general fund appropriation shall be deposited to an account which shall be held by the state treasurer for distribution to the University of Wyoming for construction costs of the engineering building as provided in this footnote.
Of this general fund appropriation, fourteen million two hundred thousand dollars ($14,200,000.00) shall be available to be matched by qualifying contributions meeting the provisions of W.S. 21-16-1401 through 21-16-1403, including valuation of matching funds.
All funds appropriated with this footnote shall only be available for expenditure as specifically authorized
b
y
the legislature.

(b)

2013 Wyoming Session Laws, Chapter 156, Section 3(b) is amended to read:

[ENGINEERING BUILDING]

(b)

From funds within the abandoned mine land funds balancing account under W.S. 35-11-1210(e), there is appropriated, as available, fifteen million eight hundred thousand dollars ($15,800,000.00) to an account for the purposes of construction of an engineering building at the University of Wyoming as provided in this section.
E
ight hundred thousand dollars ($800,000.00) of these funds shall be available to be matched by qualifying contributions meeting the provisions of W.S. 21-16-1401 through 21-16-1403, including valuation of matching funds.

(c)

2014 Wyoming Session Laws, Chapter 26, Section 329(j)(ii) is amended to read:

(ii)

There is appropriated two hundred twenty-five thousand dollars ($225,000.00) from the
general fund to the governor's office for the purposes of this section. This appropriation shall only be expended for mileage and per diem expenses of the nonlegislative members of the task force and to contract with experts as provided in this section.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law
to the state facilities construction account

on June 30, 2016.

[MINERAL IMPACTED ROAD ACCOUNT]

Section 13.

(a)

After calculating earnings from the mineral trust fund attributable to the 2016 fiscal year as required by 2015 Wyoming Session Laws, Chapter 142, section 346, the first thirty-seven million five hundred thousand dollars ($37,500,00.00) shall be deposited as provided in that section. The next twenty-four million two hundred thousand dollars ($24,200,000.00) of
such calculated
earnings shall be deposited to a mineral impact
ed
road account, which is hereby created.
Any remaining earnings shall be available for appropriation as provided in section 346.
To the extent
that
less than twenty-four million two hundred thousand dollars ($24,200,000.00) in fiscal year 2016 earnings
is
deposited to the
mineral impacted road
account
,
monies from the highway fund shall be used as necessary to provide a total of twenty-four million two hundred thousand dollars
($24,200,000.00) for projects under this section.
The department of transportation shall submit a
n

exception
budget request to the governor
for inclusion in the 2019-2020 biennial budget
requesting an appropriation to the highway fund in an amount equal to any funds expended from that
fund
to meet the require
ments of
this
section
, to the extent the funds have not been repaid from the appropriation in section 7 of this section
.

(b)

Funds within the mineral impact
ed
road account shall be used by the transportation commission and department of transportation for relocation, construction or improvement of roads and bridges
directly
impacted by development
of coal resources
. The funds in the account shall be used to provide funding for
one (1) or more p
rojects in which a county has provided a binding commitment to pay twenty-nine and one
-
quarter percent (29.25%) of the anticipated cost of the project. As a condition of funding under this section a county shall:

(i)

Reach agreement with the department on the anticipated cost of the project and construction management of the project;

(ii)

Agree that all funds provided by the county shall be expended prior to the expenditure of any state funds on the project;

(iii)

Agree that no funds shall be returned to the county if the actual cost of the project is less than the anticipated cost.

(c)

The determination as to whether a binding commitment has been received shall be made by the attorney general.

Section
1
4
.

(a)

Except as provided in subsection (b) of t
his
section, this
act is effective July 1, 2016.

(b)

The following portions of th
is
act
are
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
:

(i)

Section
s 1, 2 and

4
of this act;

(ii)

Section 1
2
(c) of this act;

(
i
ii)

The appropriation in section 3(a)(ii) to the
E
ngineering
B
uilding
II
;

(iv)

The appropriation in s
ection 3(a)(i) to A&I-State Fac
.

- Casper II;

(
v)

The appropriation in section
3
(a)(i) to the DOC-WMCI Buildout; and

(vi)

Section 13 of this act.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1