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24LSO-0584
2024
STATE OF WYOMING
24LSO-0584
Numbered
2.0
HOUSE BILL NO. HB0215
Integrated test center-governance.
Sponsored by: Representative(s) Conrad and Burkhart and Senator(s) Dockstader
A BILL
for
AN ACT relating to the administration of the government; codifying and continuing the integrated test center; specifying oversight and powers of the integrated test center; requiring reports; specifying budget procedures for the center; creating an account; making conforming amendments; providing for the transfer and assumption of obligations, funds and duties; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
(a)
The integrated test center established in 2014 Wyoming session laws, chapter 26, section 334(h)(ii) and (n), as amended by 2015 Wyoming session laws, chapter 142, section 334(h)(ii) and (o), shall be transferred to the University of Wyoming school of energy resources as of the effective date of this subsection. Except as provided in section 4 of this act, all property, equipment, obligations and unexpended funds of the integrated test center shall be transferred to the University of Wyoming school of energy resources on the effective date of this subsection.
(b)
Before October 1, 2024, the joint minerals, business and economic development interim committee is directed to study the impacts this act will have on the duties and responsibilities of the school of energy resources and the integrated test center, including the effect the transfer will have on existing funding and obligations of the integrated test center. The integrated test center and the school of energy resources shall assist the committee in this study as requested. The committee shall sponsor any necessary legislation to correct or improve the outcome of any issue associated with the transfer of the integrated test center or of any other issue identified in this study.
(c)
Not later than May 1, 2024, the director of the school of energy resources shall prepare a plan for the transfer of the integrated test center and its programs, assets, obligations and functions to the school of energy resources. The director shall submit the plan to the joint minerals, business and economic development interim committee for consideration during the committee's first interim committee meeting of 2024.
(d)
Not later than October 1, 2024 and again on February 1, 2024, the school of energy resources and the integrated test center shall report to the joint minerals, business and economic development interim committee on the status of the plan to transfer duties, property, obligations and responsibilities of the integrated test center to the school of energy resources. The center and the school of energy resources shall recommend to the committee any legislation necessary to correct or improve the outcome of any issue identified in the codification of the integrated test center as provided for by this act.
(e)
In anticipation of the transfer of the integrated test center to the school of energy resources, the school of energy resources may include any necessary exception requests for the integrated test center in the supplemental budget the school submits under W.S. 9
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1010 through 9
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1014 and 21
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117(c)(iv) before the 2025 general session.
(f)
Beginning with the effective date of this subsection until July 1, 2025, the integrated test center shall consult with the school of energy resources, the energy resources council and the governor regarding any agreement, contract, lease or other obligation the integrated test center seeks to enter into on behalf of the center.
Section 2.
W.S. 21
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117.1 is created to read:
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117.1.
Integrated test center; governance; duties; powers.
(a)
The integrated test center established in 2014 Wyoming session laws, chapter 26, section 334(h)(ii) and (n), as amended by 2015 Wyoming session laws, chapter 142, section 334(h)(ii) and (o), is hereby codified and continued as the integrated test center.
(b)
The school of energy resources, under direction from the energy resources council, shall oversee and operate the integrated test center.
(c)
The school of energy resources, under direction from the energy resources council, shall establish the structure and policies for the operation of the integrated test center consistent with the objectives of this section and W.S. 21
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117, and shall engage as many academic departments and colleges as possible in support of the center.
(d)
In operating the center, the school of energy resources shall:
(i)
Design, construct and operate a research facility to study the capture, sequestration, utilization and management of carbon dioxide emissions or other emissions, improvements in electricity generation technologies or other research projects. For purposes of this paragraph, a center designed and constructed under 2014 Wyoming session laws, chapter 26, section 334(n) shall be deemed to satisfy the requirements of this paragraph;
(ii)
Provide a testing location for research projects;
(iii)
Enter into leases with owners of real property where the research facility specified in paragraph (i) of this subsection is located. Any lease entered into under this paragraph shall offer the owner of the real property the right of first refusal to purchase the research facility and all fixtures at fair market value after conclusion of all center activities at the research facility;
(iv)
Establish relationships and work with the Wyoming energy authority, the office of the governor and any other relevant entity or state agency to ensure coordination of the center's activities and to communicate appropriate opportunities for collaboration;
(v)
Prioritize research space at the facility established under paragraph (i) of this subsection and resources to research projects that the school of energy resources and the energy resources council determines would:
(A)
Have a high likelihood for commercial success and are at the correct developmental stage for testing at the center;
(B)
Increase the knowledge base within the state of Wyoming on the capture, sequestration, utilization and management of carbon dioxide emissions or other emissions with the potential benefit of improving the future marketability of Wyoming energy sources;
(C)
Increase the national and international exposure of the state of Wyoming and its agencies, instrumentalities and political subdivisions as participants and locations for innovation in the use of energy;
(D)
Add ancillary or supplemental value to Wyoming products or byproducts; or
(E)
Lead to the development of methods or products that may advance the future use of Wyoming's natural resources.
(e)
The school of energy resources shall establish and collect fees and prepare a schedule of fees, rentals and other charges for the use of the integrated test center's research facility and any other facilities of the center, as the school of energy resources may determine.
(f)
Any fees or charges collected under subsection (e) of this section shall be deposited into the integrated test center account, which is hereby created. Funds in the account shall be invested by the state treasurer in accordance with law, and all earnings shall be deposited into the account. Funds in the account shall only be expended upon legislative appropriation for purposes of operating, managing and improving the integrated test center.
(g)
Not later than October 1 of each year, the school of energy resources shall report to the joint minerals, business and economic development interim committee and the joint appropriations committee on:
(i)
The work of the center in the past fiscal year, including the work and use of the research facility established under paragraph (d)(i) of this section;
(ii)
All accomplishments of the center in the past fiscal year and benefits accruing to Wyoming's economy as a result of the center's work;
(iii)
The current occupancy of the center, including lessees and the projects lessees are conducting at the center;
(iv)
The amount of fees and charges collected by the integrated test center and the balance of the integrated test center account created under subsection (f) of this section.
Section 3.
W.S. 21
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117(c)(iv) and by creating a new paragraph (v) is amended to read:
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117.
School of energy resources; creation authorized; University of Wyoming energy resources council established; reports; budget submittal.
(c)
The school of energy resources shall:
(iv)
Notwithstanding any other provision of this chapter, develop and submit a budget for the school for approval by the energy resources council and then shall submit for review in accordance with W.S. 9
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2
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1010 through 9
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2
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1014.
The school of energy resources shall include in the budget submitted under this paragraph a budget for the integrated test center created by W.S. 21
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117.1.
The school of energy resources shall submit its budget to the governor after approval by the energy resources council created in subsection (e) of this section. The school of energy resources shall submit a copy of its budget for informational purposes to the university's board of trustees
;
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(v)
Oversee and manage the integrated test center in accordance with W.S. 21
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117.1.
Section 4.
(a)
On July 1, 2025, the integrated test center designed and constructed under 2014 Wyoming session laws, chapter 26, section 334(n) shall be transferred to the authority of the University of Wyoming school of energy resources. Subject to the requirements of this section, all property, equipment, unexpended funds and obligations associated with the integrated test center, including any unexpended funds from funds appropriated in 2014 Wyoming session laws, chapter 26, section 334(h)(ii) and (n)(intro) shall be transferred to the school of energy resources on July 1, 2025, except as otherwise provided in this section. For purposes of this subsection, any funds appropriated for purposes of or to the integrated test center during the 2024 budget session and the 2025 general session of the legislature shall be transferred to the school of energy resources on July 1, 2025, subject to the requirements of this section.
(b)
Nothing in this act shall be construed to impair existing contracts, agreements or other obligations of the integrated test center that were entered into on the integrated test center's behalf before July 1, 2025. Except as otherwise provided in this subsection, contracts entered into by the integrated test center before July 1, 2025 shall be treated as if entered by the school of energy resources. The school of energy resources shall, to the greatest extent authorized by law and upon assuming responsibility for the integrated test center, fulfill existing agreements, contracts and other obligations of the integrated test center entered into before July 1, 2025. For any existing agreement, contract or other obligation that the school of energy resources cannot assume lawfully, the entity or agency originally entering into, assuming or holding the agreement, contract or obligation shall retain and fulfill those agreements, contracts and other obligations.
(c)
If any funds appropriated to or for the purpose of the integrated test center before July 1, 2025 cannot be lawfully transferred to the school of energy resources, the entity or agency to whom those funds were appropriated shall retain those funds and expend those funds for the integrated test center in accordance with the terms of the appropriation. Funds retained by an entity or agency under this subsection shall remain subject to all applicable provisions of law pertaining to appropriations, expenditures and reversions.
Section 5
.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2024
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(b)
Sections 1(b) through (f) and 5 of this 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.
(END)
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HB0215