ENDOW initiative.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0132

ENROLLED ACT NO. 64,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to economic diversification; providing for an economic diversification council to oversee and promote economic diversification activities in the state; providing for the development of a comprehensive economic diversification policy and strategy; providing for business development and innovation zones; specifying duties of the council and executive department in regard to implementation of the policy and strategy; providing for a coordinator of economic diversification; providing legislative findings and specifying intent; creating an account; providing an appropriation; specifying use of funds; and providing for an effective date.

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

Section
1
.

(a)

T
he
l
egislature finds that
the
legislature and the
governor ha
ve
undertaken
an effort to develop a twenty (20) year comprehensive and coordinated economic diversification strategy to encourage the expansion and diversification of Wyoming
'
s existing energy and industrial sectors and to stimulate new and emerging industries to create private sector jobs and encourage business development, entrepreneurship and innovation
.
The governor and legislature have identified and invested in several projects that
have and will
result in substantial public benefit and are advancing the interests of Wyoming, including, but not limited to
:
the Wyoming integrated test center, NRG COSIA Carbon XPRIZE,
the
value added energy and industrial plan,
developing
international markets
for Wyoming resources
, and the outdoor recreation task force.
Economic diversification in Wyoming should be fostered through the private sector and private/public partnerships in the
creation
of
business development and
innovation
zones.

Nothing in this act shall be construed to limit or contravene the powers of the governor or legislature to appropriate resources to capitalize on these or other opportunities to diversify Wyoming
'
s economy where they exist.

(b)

The
l
egislature further finds that it is beneficial to have a coordinated approach between the legislative and executive branches of government to determine appropriate policies, processes and procedures to allocate resources to promote diversification of Wyoming
'
s economy.

The
governor
'
s continued consultation with legislative leadership will allow the executive
and
legislative departments to
continue to formulate and advance economic policy, business development, entrepreneurship and innovation, and take action to further develop and diversify Wyoming
'
s economy.

(c)

This act c
reat
es
an executive council
supported by the governor
'
s office
to oversee
and promote
th
e
se efforts and to continually monitor, support and adjust th
e
se activities through subsequent legislative and executive department action.
The provisions of this act shall be interpreted in accordance with these findings and stated intent.

Section 2
.

W.S. 9
‑
12
‑
1401
through
9
‑
12
‑
140
4

are
created to read:

9
‑
12
‑
1
401
.

Economically needed diversity options for Wyoming
e
xecutive
c
ouncil; creation
; appointment and terms of members
.

(a)

There is created the
e
conomically
n
eeded
d
iversity
o
ptions for Wyoming
(ENDOW)
e
xecutive
c
ouncil. The members shall
represent existing, new and emerging economic sectors or subsectors or
have demonstrated
executive level experience
. The council shall consist of not more than fifteen

(15) voting members, appointed by the governor with the advice and consent of the senate.
The
presiding officers of the house and senate and the
chairmen of the house and senate minerals, business and economic development committees shall be ex officio, nonvoting members.
The governor may remove any
appointed
member as provided in W.S. 9
‑
1
‑
202. If
an
appointed member
'
s position is vacant
the governor shall appoint a new member as provided in W.S. 28
‑
12
‑
101. The governor, or his designee, shall be a member and cochairman of the council, but shall not vote. The council shall elect a cochairman from among the appointed members.
One
‑
half plus one
(1)
of the appointed members shall have initial terms of four (4) years and the remaining members shall have initial terms of two (2) years. Thereafter, appointed members shall serve for terms of four (4) years.

(b)

In appointing members the governor shall, to the extent practicable, provide for diversi
ty

of members
based upon existing, new and emerging
economic
sectors
and subsectors
.
No
more than
two
(2)
members
shall be
appointed to serve concurrently from the same
economic
sub
sector.

(c)

Members of the council shall not receive compensation for their services, but when engaged in the performance of their duties, they
may
receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state.

(d)

The council shall meet as often as necessary to conduct business. Meetings shall be called by the cochairm
e
n. A majority of
the voting m
embers of the
council
shall constitute a quorum
for the transaction of any business or the exercise of any power or function of the council
.

(
e
)

The council shall be administered by the office of the governor
and staffed and supported by the
Wyoming
business council, community college commission,
U
niversity of Wyoming and department of workforce services. The council shall, where appropriate and authorized by the governor, make use of the services and facilities of other departments, boards
, commissions
and agencies of the s
tate of Wyoming.

(
f
)

As used in this
article
:

(i)

"
Business development and innovation zone
"
means
defined
geographic areas within the state in which
local,
state and federal permitting and other regulatory requirements will be met for all or significant segments of industry located in the zone or in which industries
or businesses
would be benefitted substantially as a result of being located in proximity to each other;

(
i
i)

"
Economic sector
"
and
"
economic subsector
"
means a primary business activity identified respectively as a sector or subsector in the most recent edition of the North American Industry Classification System (NAICS) manual
.

9
‑
12
‑
1
4
02
.

General
powers
and duties of the council
; economic diversification policy and strategy; authority of governor.

(a)

The
ENDOW executive
council
shall
:

(i)

Receive

and evaluate public input, opinions and recommendations regarding
the
diversification
of Wyoming
'
s economy
and advise the governor and legislature of any findings or recommendations
. The council shall seek the advice of departments, boards, commissions and agencies of the
s
tate of Wyoming
;

(ii)

By August 30, 2017, p
repare and submit to the
g
overnor and
legislature
through the joint minerals, business and economic development interim committee
,

an exhaustive assessment of
socioeconomic data
, which shall include an examination of state and local fiscal sustainability
, existing, new and emerging economic sectors and subsectors of the economy,
identification of potential
business development
and innovation
zones,
an inventory of
existing workforce
strengths and
deficiencies,

economic trends and key enablers for economic growth in the state
that translate to viable business development
;

(iii)

By December 31, 2017, prepare and submit to the governor and legislature a report of its preliminary findings and recommendations in the development of a comprehensive economic diversification strategy. The preliminary report shall evaluate investments necessary to support new and emerging industries
or economic sectors
, knowledge transfer, infrastructure,
international trade, and
cooperation between the public sector and private
enterprise,
assess
the relationship between
incremental state and local tax revenues, costs of public services
and economic diversification and make recommendations as appropriate
. The report shall identify
specific
areas which
should
be designated as
business development and innovation
zones
. In identifying potential zones the report shall review the establishment of zones
including
, but not limited to,
industries
involving
agriculture and agricultural business,
renewable energy sources, advanced clean coal technologies, nuclear fuel processing and enrichment, hybrid energy sources, enhance
d
oil recovery, inland distribution ports,
international trade,
food and beverage industry distribution
,
promotion, marketing and development of the international trust and fiduciary business and related sectors,
emerging research and technological development
,
existing, new and emerging economic sectors and subsectors,
and value added manufacturing involving Wyoming resources. The
potential
zones shall be described by location in the state, including
recommended
boundaries. The report shall also identify existing industries in these areas which could be expanded and used to attract other businesses
in the same
, related
or
mutually supporting
industr
ies
.
The report shall identify existing deficiencies
and strengths
in Wyoming
'
s workforce and workforce training programs;

(iv)

By

August
1, 2018, prepare and submit
to the governor
for his approval
a twenty (20) year comprehensive economic diversification strategy. The strategy shall contain explicit
economic
targets to guide the evolution of Wyoming
'
s economy in order to build a sustainable and diversified, value

added economy by 203
8
.
The strategy shall identify agency specific or collective actions that can be implemented immediately without new state appropriations and resources and agency specific and
collective actions that will require new state appropriations or reallocation of state resources.
The strategy
shall address the creation of
business development and innovation
zones and plans to implement the zones
.

The council
may
recommend
to the governor
modifications
to

the twenty (20) year
plan from time to time
as it deems advisable
;

(v)

In coordination with departments, boards, commissions and agencies of the state of Wyoming, develop f
our
(
4
) year action plans
with performance benchmarks
, including policy recommendations and budget requests.
Each plan shall specify a time period for creating
business development and innovation
zones
within the plan
'
s f
our
(
4
) year period and a time schedule for full implementation of steps necessary to establish each zone.
The council shall submit each action plan to the governor for his approval. After approval by the governor, the council shall, in coordination with departments, boards, commissions and agencies of the state, implement the action plan and provide regular progress reports in meeting targets and
shall
identify adjustments to be made to the governor and legislature;

(vi)

Review with
the
Wyoming
business council,
community college commission, U
niversity of Wyoming
, the

department of workforce services
,
and other st
ate agency directors as d
etermined by the
governor and

ENDOW
executive
council to be necessary or desirable
, agency enabling legislation
,
rules
and regulations, policies, procedures and other governing mechanisms
to determine amendments which
would
b
etter align agency functions with
the
economic
diversification
strategy
and to allow for implementation of
business development and innovation
zones
;

(vii)

E
ngage the private sector in
review of state laws,
rules and regulations, policies, procedures and other governing mechanisms
that inhibit
economic diversification
efforts, including those which stand as obstacles to the implementation of
business development and innovation
zones,
in order to determine amendments to the same without compromising Wyoming
'
s environmental and workplace standards;

(v
ii
i
)

Have the authority to
contract with
consultants
through the
Wyoming
business council
for rendering
of
professional, financial and technical assistance and advice, including for studies and investigation likely to lead to economic diversification;

(i
x
)

At the request of the governor, r
eview and make recommendations to the governor for appr
oval on projects submitted for g
rant
and other
funding opportunities
from nonstate sources which support the economic diversification strategy
;

(x)

Conduct studies to identify services, facilities and amenities that are attractive to business
es

and
their employees
seeking to relocate but which are substantially lacking or deficient in Wyoming, and identify potential solutions to address those deficiencies
to create working and community life climates attractive to a modern day workforce
;

(
x
i
)

Develop a performance evaluation system, m
onitor progress and report to the governor the status of programs and activities outlined as goals, objectives or action items in the state
'
s economic
diversification
strategy
.

(b)

In carrying out his duties under this article the governor
,

in consultation with the presiding officers of the legislature,
may convene advisors to obtain objective advice in the formulation of economic diversification policy, including assessing local, national and global conditions and trends and evaluating the significance of those factors relative to Wyoming.

9
‑
12
‑
1
403
.

Coordinator of economic
diversification
; duties.

(a)

The g
overnor
shall

designate
a
coordinator
of economic diversification, who shall be a qualified elector of the state and who may be removed by the
g
overnor as provided in W.S. 9
‑
1
‑
202. The
coordinator
shall:

(i)

Provide administrative support for the
ENDOW
executive council;

(ii)

Direct and o
versee the execution of
Wyoming
'
s economic diversification strategies and initiatives and the advancement of the interests of Wyoming in policy, program and project development and implementation to support diversification of the economy of Wyoming
. Unless law
directs
a different state entity to undertake those programs and projects the coordinator may initiate or implement those programs and projects
;

(iii)

Coordinate activities with the
Wyoming
business council, community college commission,
U
niversity of Wyoming, department of workforce services,
Wyoming department of transportation,
department of environmental
quality
, office of state lands and investments

and other departments, boards, commissions
, authorities
and agencies of the state of Wyoming to assure efficient use of state resources in execution of Wyoming
'
s economic diversification strategy;

(iv)

Compile detailed information on all programs and projects undertaken for the purpose of measuring trends, development and progress in the diversification of the economy of Wyoming
;

(v)

Initiate, implement, sponsor, promote and coordinate policy research, policy development and economic analysis to support diversification of the economy of Wyoming
;

(vi)

Where
appropriate
and authorized by the governor
, make use of the services and facilities of other departments
,
boards
, commissions
and agencies of the
s
tate of Wyoming.

9
‑
12
‑
1
404
.

Economic diversification account created; authorized expenditures.

(a)

There is created an economic diversification account. All monies in the account are continuously appropriated to the office of the governor to be used solely for the purposes of this article
, including per diem, mileage and other administrative expenses of the ENDOW executive council.
Notwithstanding W.S. 9
‑
2
‑
1008 and 9
‑
4
‑
207
,
funds in the account shall not lapse at the end of the fiscal period. Interest earned on funds in the account shall be deposited to the account.

(b)

The governor may accept, and shall deposit to the account, any gifts, contributions, donations, grants or federal funds specifically designated for purposes of this article.

Section 3
.

Notwithstanding W.S. 9
‑
12
‑
1
401(
a) and 28
‑
12
‑
101, senate confirmation of the appointed members of the
economically needed diversity options for Wyoming executive council shall not be required until the 201
8
legislative session.

Section 4
.

Th
ere
is appropriated
two million five hundred thousand dollars (
$
2,500,000.00)
from
the legislative stabilization reserve account
to the economic diversification account created by this act.

Of this appropriation, not less than one million five hundred thousand dollars ($1,500,000.00) shall be earmarked for expenditure under this act for workforce development recommended by the ENDOW executive council to carry into effect the state's economic diversification strategy. These earmarked funds may be expended by the governor for other purposes consistent with the provisions of this act should the governor determine an immediate economic diversification opportunity exists and the earmarked funds are necessary to realize that opportunity.

Section
5
.

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)

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