Read the full stored bill text
20LSO-0580
2020
STATE OF WYOMING
20LSO-0580
ENGROSSED
3.0
HOUSE BILL NO. HB0237
Local impact assistance payments-2.
Sponsored by: House Appropriations Committee
A BILL
for
AN ACT relating to impact assistance payments; amending requirements related to impact assistance payments as specified; providing applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 39
‑
15
‑
111(c) and (d) by creating a new paragraph (iii) and 39
‑
16
‑
111(d) and (e) by creating a new paragraph (iii) are amended to read:
39
‑
15
‑
111.
Distribution.
(c)
If any person commences after the effective date of this act to construct an industrial facility, as that term is defined in W.S. 35
‑
12
‑
102, under a permit issued
pursuant to W.S. 35
‑
12
‑
106, or if the federal or state government commences to construct any project within this state with an estimated construction cost as specified in the definition of industrial facility in W.S. 35
‑
12
‑
102 the department of revenue shall thereafter pay to the county treasurer and the county treasurer will distribute to the county, cities and towns of that county in which the industrial facility or project is located, impact assistance payments from the monies available under paragraph (b)(i) of this section. Each payment to the county treasurer shall be equal to an amount determined by the industrial siting council under this subsection and shall continue during the period of construction except that in the case of an industrial facility or a federal or state government project which is expected to continue in phases for an indefinite period of time, the department of revenue shall discontinue payments under this section when construction of any phase has ceased or been substantially completed for twelve (12) consecutive months. The person constructing the industrial facility and the counties affected by the construction of the industrial facility shall provide evidence at the public hearing held pursuant to W.S. 35
‑
12
‑
110(f)(i) of the mitigated and unmitigated
impacts that the construction will have on the counties, cities and towns determined by the industrial siting council to be affected by the construction of the industrial facility. The industrial siting council shall review the evidence of the impacts and determine, applying a preponderance of evidence standard, the dollar amount of the unmitigated impacts. The council shall state, in the order issued under W.S. 35
‑
12
‑
113(a), the total dollar amount of the impact assistance payment and
the reasons for determining that amount
include specific findings of fact detailing the basis for its dollar amount determination
. The impact assistance payment shall be distributed by the department of revenue in an amount and on a schedule determined by the council, based on evidence presented at the hearing. Under no circumstances shall the
total dollar amount of the
impact assistance payment exceed
two and seventy
‑
six hundredths percent (2.76%)
two percent (2%)
of the total estimated material costs of the facility, as those costs are determined by the council. The impact assistance payments shall be distributed to the county treasurer and the county treasurer will distribute to the county and to the cities and towns therein based on a ratio established by the industrial siting council during a
public hearing held in accordance with W.S. 35
‑
12
‑
110(f)(i).
In determining the distribution ratio, the industrial siting council may consider the extent and location of the unmitigated impacts, the populations of the affected counties, cities and towns and any other equitable factors.
The industrial siting council shall review the distribution ratio for construction projects on a regular basis and make appropriate adjustments. A governing body which is primarily affected by the facility, or any person issued a permit pursuant to W.S. 35
‑
12
‑
106, may petition the industrial siting council for review and adjustment of the distribution ratio or the amount of the impact assistance payment upon a showing of good cause. The impact assistance payment shall be in addition to all other distributions under this section, but no impact assistance payment shall be made for any period in which the county or counties are not imposing at least a one percent (1%) tax authorized by W.S. 39
‑
15
‑
204(a)(i) and 39
‑
16
‑
204(a)(i) or at least a total of a two percent (2%) sales tax authorized under W.S. 39
‑
15
‑
204(a)(i), (iii) and (vi) and at least a total of a two percent (2%) use tax authorized under W.S. 39
‑
16
‑
204(a)(i), (ii) and (v). For purposes of this subsection, the industrial facility or federal or state
government project will be deemed to be located in the county in which a majority of the construction costs will be expended, provided that upon a request from the county commissioners of any adjoining county to the industrial siting council, the council may determine that the social and economic impacts from construction of the industrial facility or federal or state government project upon the adjoining county are significant and establish the ratio of impacts between the counties and certify that ratio to the department of revenue who will thereafter distribute the impact assistance payment to the counties pursuant to that ratio. The industrial siting council shall adopt rules as necessary to implement this subsection.
(d)
As used in subsection (c) of this section:
(iii)
"Unmitigated impact" means an expense incurred by a county, city or town directly attributable to the construction of an industrial facility and which:
(A)
Is not otherwise mitigated by the person constructing the industrial facility;
(B)
Is limited to expenses for medical services, fire and law enforcement services, roads and public utilities and is supported by an analysis of the current excess capacity in each of these areas;
(C)
May include the expenses of employing additional employees or officers only if the county, city or town has determined overtime compensation or contract labor would not be appropriate; and
(D)
Excludes the following:
(I)
Improvements to existing structures beyond that necessary to return the structure to the condition in which the structure existed before the construction of the industrial facility;
(II)
Expenses for which a county, city or town previously received an impact assistance payment unless the county, city or town can demonstrate the expenses are ongoing.
39
‑
16
‑
111.
Distribution.
(d)
If any person commences after the effective date of this act to construct an industrial facility, as that term is defined in W.S. 35
‑
12
‑
102, under a permit issued pursuant to W.S. 35
‑
12
‑
106, or if the federal or state government commences to construct any project within this state with an estimated construction cost as specified in the definition of industrial facility in W.S. 35
‑
12
‑
102 the department of revenue shall thereafter pay to the county treasurer and the county treasurer will distribute to the county, cities and towns of that county in which the industrial facility or project is located, impact assistance payments from the monies available under paragraph (b)(i) of this section. Each payment to the county treasurer shall be equal to an amount determined by the industrial siting council under this subsection and shall continue during the period of construction except that in the case of an industrial facility or a federal or state government project which is expected to continue in phases for an indefinite period of time, the department of revenue shall discontinue payments under this section when construction of any phase has ceased or been substantially completed for twelve (12) consecutive months. The person
constructing the industrial facility and the counties affected by the construction of the industrial facility shall provide evidence at the public hearing held pursuant to W.S. 35
‑
12
‑
110(f)(i) of the mitigated and unmitigated impacts that the construction will have on the counties, cities and towns determined by the industrial siting council to be affected by the construction of the industrial facility. The industrial siting council shall review the evidence of the impacts and determine, applying a preponderance of evidence standard, the dollar amount of the unmitigated impacts. The council shall state, in the order issued under W.S. 35
‑
12
‑
113(a), the total dollar amount of the impact assistance payment and
the reasons for determining that amount
include specific findings of fact detailing the basis for its dollar amount determination
. The impact assistance payment shall be distributed by the department of revenue in an amount and on a schedule determined by the council, based on evidence presented at the hearing. Under no circumstances shall the
total dollar amount of the
impact assistance payment exceed
two and seventy
‑
six hundredths percent (2.76%)
two percent (2%)
of the total estimated material costs of the facility, as those costs are determined by the council. The impact
assistance payments shall be distributed to the county treasurer and the county treasurer will distribute to the county and to the cities and towns therein based on a ratio established by the industrial siting council during a public hearing held in accordance with W.S. 35
‑
12
‑
110(f)(i).
In determining the distribution ratio, the industrial siting council may consider the extent and location of the unmitigated impacts, the populations of the affected counties, cities and towns and any other equitable factors.
The industrial siting council shall review the distribution ratio for construction projects on a regular basis and make appropriate adjustments. A governing body which is primarily affected by the facility, or any person issued a permit pursuant to W.S. 35
‑
12
‑
106, may petition the industrial siting council for review and adjustment of the distribution ratio or the amount of the impact assistance payment upon a showing of good cause. The impact assistance payment shall be in addition to all other distributions under this section, but no impact assistance payment shall be made for any period in which the county or counties are not imposing at least a one percent (1%) tax authorized by W.S. 39
‑
15
‑
204(a)(i) and 39
‑
16
‑
204(a)(i) or at least a total of a two percent (2%) sales tax authorized
under W.S. 39
‑
15
‑
204(a)(i), (iii) and (vi) and at least a total of a two percent (2%) use tax authorized under W.S. 39
‑
16
‑
204(a)(i), (ii) and (v). For purposes of this subsection, the industrial facility or federal or state government project will be deemed to be located in the county in which a majority of the construction costs will be expended, provided that upon a request from the county commissioners of an adjoining county to the industrial siting council, the council may determine that the social and economic impacts from construction of the industrial facility or federal or state government project upon the adjoining county are significant and establish the ratio of impacts between the counties and certify that ratio to the department of revenue who will thereafter distribute the impact assistance payment to the counties pursuant to that ratio. The industrial siting council shall adopt rules as necessary to implement this subsection.
(e)
As used in subsection (d) of this section:
(iii)
"Unmitigated impact" means an expense incurred by a county, city or town directly attributable to the construction of an industrial facility and which:
(A)
Is not otherwise mitigated by the person constructing the industrial facility;
(B)
Is limited to expenses for medical services, fire and law enforcement services, roads and public utilities and is supported by an analysis of the current excess capacity in each of these areas;
(C)
May include the expenses of employing additional employees or officers only if the county, city or town has determined overtime compensation or contract labor would not be appropriate; and
(D)
Excludes the following:
(I)
Improvements to existing structures beyond that necessary to return the structure to the condition in which the structure existed before the construction of the industrial facility;
(II)
Expenses for which a county, city or town previously received an impact assistance payment
unless the county, city or town can demonstrate the expenses are ongoing.
Section 2.
This act shall only apply to impact assistance payments for industrial facilities approved on or after the effective date of this act. The impact assistance payments for industrial facilities that are not subject to this act shall be determined on the basis of the law as it existed at the time the request for the impact assistance payment was submitted to the industrial siting council.
Section 3.
This act is effective July 1, 2020
.
(END)
1
HB0237