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25LSO-0069
2025
STATE OF WYOMING
25LSO-0069
ENGROSSED
3.0
SENATE FILE NO. SF0019
Impact assistance payments-maximum percentages and review.
Sponsored by: Joint Minerals, Business & Economic Development Interim Committee
A BILL
for
AN ACT relating to industrial development and siting; specifying that the industrial siting council may increase the impact assistance payments of specified projects beyond the maximum allowable percentages; requiring approval of increases; specifying that approvals are not subject to judicial review; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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12
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105(c), 39
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15
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111(c), (d)(intro) and by creating a new subsection (r) and 39
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16
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111(d), (e)(intro) and by creating a new subsection (p) are amended to read:
35
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12
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105.
Appointment and duties of administrator; staff; rules and regulations.
(c)
The director, administrator and the staff of the division are authorized to the extent possible, at the request of local governments, to provide technical assistance to local governments in the preparation of anticipated impacts related to a proposed project consistent with W.S. 39
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15
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111(c)
,
and
(d)
and (r)
and 39
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16
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111(d)
,
and
(e)
and (p)
and negotiation of agreements with applicants as provided for in W.S. 35
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12
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107.
39
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15
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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
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12
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102, under a permit issued pursuant to W.S. 35
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12
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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
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12
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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
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12
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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
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12
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113(a), the total dollar amount of the impact assistance payment and include specific findings of fact detailing the basis for the total dollar amount determination and if requested by the affected county, city or town, its justification for rejecting, in whole or in part, an application for an impact assistance payment. 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 the maximum allowable percentage specified in this subsection of the total estimated material costs of the facility, as those costs are determined by the council. The maximum allowable percentage shall be two and twenty
‑
five hundredths percent (2.25%) for facilities with total estimated materials costs of three hundred fifty million dollars ($350,000,000.00) or less except as otherwise provided in this subsection, two percent (2%) for facilities with total estimated materials costs in excess of three hundred fifty million dollars ($350,000,000.00) but less than eight hundred fifty million dollars ($850,000,000.00) and one and one
‑
half percent (1.50%) for facilities with total estimated materials costs of eight hundred fifty million dollars ($850,000,000.00) or more. For facilities with total estimated materials costs of three hundred fifty million dollars ($350,000,000.00) or less, the council may increase the maximum allowable percentage to not more than two and seventy
‑
six hundredths percent (2.76%) if the council includes in the specific findings required under this subsection that the maximum allowable percentage of two and twenty
‑
five hundredths percent (2.25%) is insufficient to mitigate the identified impacts.
For facilities with total estimated materials costs exceeding three hundred fifty million dollars ($350,000,000.00), the council may increase the maximum allowable percentage to not more than two and seventy
‑
six hundredths percent (2.76%) in accordance with subsection (r) of this section.
The council shall submit a report to the joint appropriations committee and the joint minerals, business and economic development interim committee not later than ten (10) business days after increasing the maximum allowable percentage as specified in this subsection, including data to support the increase. 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
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12
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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, including any disproportionate impacts on smaller communities, and any other equitable factor. 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
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12
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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
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15
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204(a)(i) and 39
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16
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204(a)(i) or at least a total of a two percent (2%) sales tax authorized under W.S. 39
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15
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204(a)(i), (iii) and (vi) and at least a total of a two percent (2%) use tax authorized under W.S. 39
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16
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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. Each county, city and town that receives a distribution under this subsection shall provide an annual report to the industrial siting council describing how the impact assistance payment was expended. The report shall first be submitted not later than one (1) year after the impact assistance payment is approved and annually each year thereafter for the duration in which distributions are made and until all distributions are expended. The industrial siting council shall adopt rules as necessary to implement this subsection.
(d)
As used in
subsection
subsections
(c)
and (r)
of this section:
(r)
For industrial facilities for which the total estimated materials costs exceed three hundred fifty million dollars ($350,000,000.00), the industrial siting council may increase the maximum allowable percentage of any impact assistance payment to not more than two and seventy
‑
six hundredths percent (2.76%) in accordance with the following:
(i)
The council shall include in the specific findings required under subsection (c) of this section that the maximum allowable percentage, as applicable, for the industrial facility is insufficient to mitigate the identified impacts;
(ii)
Upon making the findings required in paragraph (i) of this subsection, the council shall forward the proposed percentage increase, the permit order or decision and, if requested by the board, the record of the hearing, to the state loan and investment board. The board shall not accept or consider any new evidence in its consideration under this paragraph. Not later than the next regularly scheduled board meeting after receiving a proposed percentage increase for an impact assistance payment, the state loan and investment board shall consider the council's proposed percentage increase and shall:
(A)
Approve the proposed percentage increase;
(B)
Deny the proposed percentage increase; or
(C)
Modify the proposed percentage increase to any percentage between the maximum allowable percentage as specified under subsection (c) of this section and the percentage that the council proposed.
(iii)
The council shall authorize that payments made under subsection (c) of this section be made at a percentage not to exceed the applicable maximum allowable percentage specified in subsection (c) of this section while the proposed percentage increase is pending before the state loan and investment board;
(iv)
If the state loan and investment board approves or modifies the proposed percentage increase under paragraph (ii) of this subsection and upon direction by the council, the department shall make payments in an amount sufficient to make the payments equal to the amount necessary to make the impact assistance payment's increased percentage retroactive to the beginning of the period of construction;
(v)
The decision of the state loan and investment board to approve, deny or modify a proposed percentage increase under paragraph (ii) of this subsection is final and shall not be subject to further review by the industrial siting council. Nothing in this paragraph shall be construed to abrogate any other right of review specified in the Industrial Development Information and Siting Act.
39
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16
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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 include specific findings of fact detailing the basis for the total dollar amount determination and if requested by the affected county, city or town, its justification for rejecting, in whole or in part, an application for an impact assistance payment. 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 the maximum allowable percentage specified in this subsection of the total estimated material costs of the facility, as those costs are determined by the council. The maximum allowable percentage shall be two and twenty
‑
five hundredths percent (2.25%) for facilities with total estimated materials costs of three hundred fifty million dollars ($350,000,000.00) or less except as otherwise provided in this subsection, two percent (2%) for facilities with total estimated materials costs in excess of three hundred fifty million dollars ($350,000,000.00) but less than eight hundred fifty million dollars ($850,000,000.00) and one and one
‑
half percent (1.50%) for facilities with total estimated materials costs of eight hundred fifty million dollars ($850,000,000.00) or more. For facilities with total estimated materials costs of three hundred fifty million dollars ($350,000,000.00) or less, the council may increase the maximum allowable percentage to not more than two and seventy
‑
six hundredths percent (2.76%) if the council includes in the specific findings required under this subsection that the maximum allowable percentage of two and twenty
‑
five hundredths percent (2.25%) is insufficient to mitigate the identified impacts.
For facilities with total estimated materials costs exceeding three hundred fifty million dollars ($350,000,000.00), the council may increase the maximum allowable percentage to not more than two and seventy
‑
six hundredths percent (2.76%) in accordance with subsection (p) of this section.
The council shall submit a report to the joint appropriations committee and the joint minerals, business and economic development interim committee not later than ten (10) business days after increasing the maximum allowable percentage as specified in this subsection, including data to support the increase. 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
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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, including any disproportionate impacts on smaller communities, and any other equitable factor. 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
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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. Each county, city and town that receives a distribution under this subsection shall provide an annual report to the industrial siting council describing how the impact assistance payment was expended. The report shall first be submitted not later than one (1) year after the impact assistance payment is approved and annually each year thereafter for the duration in which distributions are made and until all distributions are expended. The industrial siting council shall adopt rules as necessary to implement this subsection.
(e)
As used in
subsection
subsections
(d)
and (p)
of this section:
(p)
For industrial facilities for which the total estimated materials costs exceed three hundred fifty million dollars ($350,000,000.00), the industrial siting council may increase the maximum allowable percentage of any impact assistance payment to not more than two and seventy
‑
six hundredths percent (2.76%) in accordance with the following:
(i)
The council shall include in the specific findings required under subsection (d) of this section that the maximum allowable percentage, as applicable, for the industrial facility is insufficient to mitigate the identified impacts;
(ii)
Upon making the findings required in paragraph (i) of this subsection, the council shall forward the proposed percentage increase, the permit order or decision and, if requested by the board, the record of the hearing, to the state loan and investment board. The board shall not accept or consider any new evidence in its consideration under this paragraph. Not later than the next regularly scheduled board meeting after receiving a proposed percentage increase for an impact assistance payment, the state loan and investment board shall consider the council's proposed percentage increase and shall:
(A)
Approve the proposed percentage increase;
(B)
Deny the proposed percentage increase; or
(C)
Modify the proposed percentage increase to any percentage between the maximum allowable percentage as specified under subsection (d) of this section and the percentage that the council proposed.
(iii)
The council shall authorize that payments made under subsection (d) of this section be made at a percentage not to exceed the applicable maximum allowable percentage specified in subsection (d) of this section while the proposed percentage increase is pending before the state loan and investment board;
(iv)
If the state loan and investment board approves or modifies the proposed percentage increase under paragraph (ii) of this subsection and upon direction by the council, the department shall make payments in an amount sufficient to make the payments equal to the amount necessary to make the impact assistance payment's increased percentage retroactive to the beginning of the period of construction;
(v)
The decision of the state loan and investment board to approve, deny or modify a proposed percentage increase under paragraph (ii) of this subsection is final and shall not be subject to further review by the industrial siting council. Nothing in this paragraph shall be construed to abrogate any other right of review specified in the Industrial Development Information and Siting Act.
Section 2
.
This act shall only apply to impact assistance payments for industrial facility permit applications submitted on and after the effective date of this act.
Section 3
.
This act is effective July 1, 2025
.
(END)
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SF0019