Read the full stored bill text
23LSO-0585
2023
STATE OF WYOMING
23LSO-0585
ENGROSSED
3.0
HOUSE BILL NO. HB0190
Wyoming value added energy and industrial plan.
Sponsored by: Representative(s) Harshman, Burkhart, Henderson, Larsen, L, Larson, JT, Nicholas, Niemiec, Stith, Walters and Wylie and Senator(s) Anderson, Cooper, Dockstader and Rothfuss
A BILL
for
AN ACT relating to the administration of government; creating the select committee on the Wyoming value added energy, economic development and industrial plan; specifying membership and duties of the select committee; authorizing the creation of task forces; specifying requirements and duties associated with created task forces; requiring reports and recommendations; providing appropriations; providing legislative findings; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
(a)
The legislature finds that:
(i)
The state of Wyoming is currently presented with multiple projects that may encourage expansion and diversification of Wyoming's energy and industrial economy while utilizing Wyoming's natural resources, infrastructure and human capital;
(ii)
These projects have the potential to result in substantial public benefit to the state of Wyoming;
(iii)
To maximize the ability of the state of Wyoming to capitalize on these projects, it is beneficial to have a coordinated, global approach between the legislative and executive branches of government to determine whether these proposed projects have a substantial likelihood of delivering a significant public benefit to the state of Wyoming and to determine appropriate policies, processes or procedures to allocate resources to secure the development of these projects.
Section 2.
(a)
There is created the select committee on the Wyoming value added energy, economic development and industrial plan. The select committee shall meet as necessary to accomplish the purposes of this section. Members shall be appointed to the select committee as follows:
(i)
Three (3) members of the senate shall be appointed by the president of the senate. Members appointed under this paragraph shall include:
(A)
One (1) member of the senate appropriations committee;
(B)
One (1) member of the senate minerals, business and economic development standing committee;
(C)
One (1) member of the senate appointed at the discretion of the president of the senate.
(ii)
Three (3) members of the house of representatives appointed by the speaker of the house. Members appointed under this paragraph shall include:
(A)
One (1) member of the house appropriations committee;
(B)
One (1) member of the house minerals, business and economic development standing committee;
(C)
One (1) member of the house appointed at the discretion of the speaker of the house.
(b)
Members appointed by the speaker of the house and the president of the senate shall be apportioned as nearly as possible to reflect the percentage of the elected members of the majority and minority parties, provided that not more than five (5) of the members appointed under subsection (a) of this section shall be from the same political party.
(c)
The select committee shall:
(i)
Select from among its members one (1) senator and one (1) member of the house to serve as co-chairmen;
(ii)
Meet as necessary to review outlines, timelines, proposed deliverables; project proposals, reports and recommendations of any task force established under this section to implement the Wyoming value added energy, economic development and industrial plan and accomplish other duties as prescribed by this section;
(iii)
Not later than November 1, 2023, report to the joint appropriations committee and the joint minerals, business and economic development interim committee on any recommendations received from task forces established under this section and on legislative action the select committee determines is necessary to further the purposes of this section;
(iv)
Pursuant to W.S. 28-8-104(e), develop and sponsor legislation as the select committee deems appropriate to further the purposes of this section.
(d)
The governor may establish task forces to study the topics and projects identified in this section. For the appointment of a task force under this subsection, the following shall apply:
(i)
The governor may appoint one (1) or more task forces to study whether the proposed projects listed in this paragraph have a substantial likelihood of delivering a significant public benefit to the state of Wyoming and to study, prepare and recommend policies, processes or procedures to allocate resources to secure the development of these proposed projects. Any task force appointed under this subsection shall consider, but are not limited to considering, the following or similar projects:
(A)
Development of a project or strategy to maximize the development of Wyoming's energy and natural resources in the most efficient, sustainable and cost-effective manner based on the model of the industrial heartland area in Alberta, Canada;
(B)
Projects and initiatives to encourage the development of liquid natural gas export facilities using Wyoming produced natural gas or to expand the use of Wyoming liquefied natural gas;
(C)
The development and construction of natural gas to liquid fuels facilities in the state of Wyoming and scenario analysis on how best to encourage the development and construction of these facilities;
(D)
The development and construction of electronics manufacturing facilities, owned by domestic or international companies, in the state of Wyoming and scenario analysis on how best to encourage the development and construction of these facilities;
(E)
Coordination of efforts and strategies to identify and develop opportunities to improve Wyoming's access to and growth in domestic and international markets for natural gas, oil, coal, uranium, power, nuclear energy, hydrogen, manufacturing, tourism and other commodities and products. Consideration of efforts and strategies under this subparagraph shall include:
(I)
Encouraging the development of deep water ports to export Wyoming nonrenewable natural resources, including the potential to institute or participate in legal actions to secure the access of Wyoming nonrenewable natural resources to these deep water ports;
(II)
Taking actions to improve the state's relative strength in the global market;
(III)
Taking actions to improve access to markets and address related regulatory, logistic and infrastructure concerns;
(IV)
Making recommendations for outreach, marketing, trade representation and international relations;
(V)
Identifying opportunities to add value to Wyoming commodities and products;
(VI)
Coordinating state agency efforts relating to international markets.
(F)
To build Wyoming's energy strategy initiatives, including but not limited to baseline water testing, carbon dioxide pipeline corridors, an energy atlas, hydrogen projects, trona projects, soda ash projects, liquid natural gas infrastructure planning and hybrid energy solutions and strategies;
(G)
Economic development opportunities likely to provide a substantial public benefit to the state of Wyoming, including but not limited to opportunities for economic development and land purchases along Wyoming's interstate and major transportation corridors, the creation, development or purchase of museums in Wyoming and the development or expansion of major tourist events in Wyoming.
(ii)
In determining the number of task forces to appoint under this subsection and the assignment of duties and areas of study to the task forces, the governor shall consult with the select committee created in this section to determine the most efficient manner in which to achieve the purposes of this section, the expertise required to effectively capitalize on each project and whether the purposes of this section would be best achieved by a particular task force considering one (1) or more projects;
(iii)
Each task force created by the governor shall have not less than one (1) and not more than two (2) members of the Wyoming legislature appointed to the task force by either the president of the senate or the speaker of the house of representatives, respectively. The president of the senate and the speaker of the house shall alternate appointment of members under this paragraph as needed for the total legislative membership on each task force created under this subsection;
(iv)
In considering appointments to task forces of members who are not members of the legislature, the governor may consider the expertise required to produce timelines, outlines, deliverables and recommendations to the select committee created in this section, and shall consider appointing personnel from the state treasurer's office, the office of state lands and investments, the attorney general's office, the University of Wyoming, the Wyoming business council, the Wyoming oil and gas conservation commission, the Wyoming energy authority, the University of Wyoming school of energy resources and private industry and business, including representatives of the western research institute and the Idaho national laboratory. Members may serve on more than one (1) task force;
(v)
For each task force appointed under this subsection, the governor shall appoint a chairman from among the members of the task force.
(e)
Task forces created under this section shall meet as necessary to timely accomplish the following assignments:
(i)
On or before May 15, 2023, provide the select committee with an outline of the objectives, timelines and deliverables of each task force established under this section;
(ii)
On or before August 31, 2023, report each task force's recommendations to the select committee for further legislative action necessary to secure the development of projects within the task force's areas of study with the potential of delivering a substantial public benefit to the state of Wyoming. Each task force shall provide the attorney general with an adequate amount of time and opportunity to review the recommendations of each task force before August 31, 2023 so that the attorney general may first determine whether the recommendations presented to the select committee are lawful. For purposes of this paragraph, the attorney general shall review and determine the legality of any recommendation made by a task force;
(iii)
Assist the select committee and the legislative service office in developing appropriate legislative action as the select committee deems necessary.
(f)
A task force may contract with experts as the task force deems necessary to fulfill the duties assigned under this section, with the approval of the governor. Task forces may recommend expenditure of funds appropriated in section 3 of this act for specific projects or purposes to the governor or the select committee, provided that no task force shall have the authority to authorize the expenditure of public funds.
(g)
Unless earlier terminated by the governor, task forces established under this section shall exist until December 31, 2026.
(h)
The select committee created under this section shall be staffed by the legislative service office. Any task force created under this section shall be staffed by the office of the governor.
(j)
The select committee created under this section shall exist until December 31, 2026.
(k)
Members of any task force established under this section who are not state employees or members of the legislature shall not receive a salary but shall receive reimbursement for mileage and per diem expenses at the rate provided for legislators under W.S. 28-5-501.
Section 3.
(a)
Of unexpended, unobligated funds appropriated in 2022 Wyoming Session Laws, Chapter 51, Section 325, there is appropriated to the office of the governor:
(i)
Two hundred thousand dollars ($200,000.00) to be expended for administrative purposes;
(ii)
Fifty thousand dollars ($50,000.00) for the development of a project based on the model of the industrial heartland area in Alberta, Canada;
(iii)
Fifty thousand dollars ($50,000.00) to encourage the development and construction of natural gas to liquid fuels facilities in the state of Wyoming;
(iv)
Fifty thousand dollars ($50,000.00) to encourage the development and construction of electronics manufacturing facilities in Wyoming;
(v)
Eight hundred fifty thousand dollars ($850,000.00) to improve Wyoming's access to and growth in domestic and international markets for Wyoming's products and natural resources;
(vi)
One million dollars ($1,000,000.00) to develop Wyoming's energy initiatives, including but not limited to the purposes and projects specified in section 2(d)(i)(F) of this act;
(vi)
One million dollars ($1,000,000.00) to develop economic development initiatives, including but not limited to the purposes and projects specified in section 2(d)(i)(G) of this act.
(b)
Funds appropriated under subsection (a) of this section are subject to the following conditions:
(i)
It is the intent of the legislature that the appropriations in subsection (a) of this section not be included in the governor's office's standard budget for the immediately succeeding fiscal biennium;
(ii)
If the total appropriations in subsection (a) of this section exceed the unexpended, unobligated funds available for appropriation, the appropriations shall be reduced on a pro rata basis until the appropriations do not exceed the total unexpended, unobligated funds;
(iii)
Notwithstanding any other provision of law, funds appropriated in subsection (a) shall not require any match before expenditure in accordance with this section;
(iv)
Funds appropriated under subsection (a) of this section shall not be expended for any other purpose and any unexpended, unobligated funds remaining from the appropriations shall revert as provided by law on June 30, 2027.
(c)
There is appropriated from the general fund to the legislative service office:
(i)
Fifty thousand dollars ($50,000.00) to provide salary, travel and per diem to members of the select committee created under section 2(a) of this act;
(ii)
Fifty thousand dollars ($50,000.00) to provide travel and per diem for legislative members appointed to serve on a task force established under section 2(d) of this act, including salary for attending meetings of the task force.
(d)
Funds appropriated under subsection (c) of this section shall be for the period beginning with the effective date of this act and ending June 30, 2027 and shall not be expended for any other purpose except those specified in subsection (c) of this section. Any unexpended, unobligated funds remaining from the appropriations in subsection (c) of this section shall revert as provided by law on June 30, 2027.
Section 4
.
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
HB0190