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25LSO-0266
2025
STATE OF WYOMING
25LSO-0266
Numbered
2.0
SENATE FILE NO. SF0134
Industrial siting-wildlife mitigation.
Sponsored by: Senator(s) Hicks and Landen and Representative(s) Byron
A BILL
for
AN ACT relating to industrial development and siting; requiring the payment of wildlife mitigation impact costs for industrial siting projects as specified; providing definitions; making conforming amendments; specifying applicability; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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120 is created to read:
35
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120.
Industrial facilities; wildlife mitigation and impact payments.
(a)
Upon receiving a request for information and recommendations from the division under W.S. 35
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110(b) for the siting of an industrial facility, each eligible entity may apply to the council for a wildlife impact payment from the permit applicant, in accordance with all of the following:
(i)
The eligible entity seeking a wildlife impact payment shall complete and submit an application in a form and manner determined by the council;
(ii)
The eligible entity shall provide the following information on its application:
(A)
The specific impacts on wildlife as a result of the industrial facility, and evidence supporting those impacts;
(B)
Efforts that the eligible entity can take to mitigate or otherwise reduce the impacts on wildlife as a result of the industrial facility;
(C)
The mitigated and unmitigated impacts that the construction of the industrial facility will have on wildlife;
(D)
The estimated dollar amount of the unmitigated impacts on wildlife;
(E)
Any other information required by rule of the council.
(iii)
Before submitting an application under this subsection, the eligible entity may negotiate with the applicant of the industrial facility to determine and agree upon the amount of the wildlife impact payment to be made to the eligible entity. Upon entering an agreement under this paragraph:
(A)
The eligible entity shall submit a written report to the council on reaching an agreement with the applicant and the amount of the wildlife impact payment that the applicant will make to the eligible entity;
(B)
The council shall provide notice of the agreement to the entities specified in W.S. 35
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110(a), publish notice as required under W.S. 35
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110(a)(ii) and accept public comment on the proposed payment at the public hearing held under W.S. 35
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110(f)(i). The council shall not otherwise accept evidence of the wildlife impacts at the hearing. Subsections (b) and (c) of this section shall not apply to agreements reached under this paragraph;
(C)
The council shall include in its order under W.S. 35
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113(a) the amount of the wildlife impact payment that the applicant shall make to the eligible entity, subject to subsections (e) through (h) of this section.
(b)
Upon receiving an application under this section from an eligible entity, the council shall, at the public hearing held under W.S. 35
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110(f)(i), receive evidence from the eligible entity and the applicant on the impacts to wildlife.
(c)
The council shall review the evidence of the impacts and determine, applying a preponderance of the evidence standard:
(i)
The total dollar amount of the unmitigated impacts on wildlife as a result of constructing the industrial facility;
(ii)
The total dollar amount of the wildlife impact payment, including specific findings of fact detailing the basis for the total dollar amount determination;
(iii)
If requested by the eligible entity, the council's justification for rejecting, in whole or in part, an eligible entity's requested wildlife impact payment;
(iv)
The schedule of the wildlife impact payment.
(d)
The council shall state, in the order issued under W.S. 35
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113(a), any information provided by the eligible entity under paragraph (a)(iii) of this section or the determinations made under subsection (c) of this section.
(e)
Wildlife impact payments made and required under this section shall be:
(i)
Made by the applicant in accordance with the council's order for the wildlife impact payment included within the order issued under W.S. 35
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113(a);
(ii)
Expended by the eligible entity on mitigating the identified unmitigated impacts on wildlife as a result of constructing the industrial facility.
(f)
In awarding or approving a wildlife impact payment under this section, the council shall, in the order or decision approving a permit, include the terms specified in this section and any other conditions or requirements for the wildlife impact payment that the council deems necessary.
(g)
The applicant shall make all wildlife impact payments as required in the council's decision or order. The applicant shall make the payment to the state treasurer, who shall distribute the payment to the eligible entity under the schedule and other terms specified by the council.
(h)
Each eligible entity receiving a wildlife impact payment under this section shall keep records of all wildlife impact payments received and all expenditures made with funds received from the wildlife impact payment. Each eligible entity shall, upon request, provide to the council, the director or the administrator any or all records kept by the eligible entity under this subsection.
(j)
Wildlife impact payments made under this section shall be separate from any impact assistance payment made under W.S. 39
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111(c) and (d) and 39
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111(d) and (e).
Section 2.
W.S. 9
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104 by creating a new subsection (m), 18
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509(a), 18
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511(a)(iv), 35
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109(a)(xi), 35
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110(e), 35
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2101(e), 35
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102(a) by creating a new paragraph (xvi), 35
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105(c) and 35
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110(b) by creating a new paragraph (xxiv) are amended to read:
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104.
Wildlife and natural resource trust account board established; terms; meetings; duties.
(m)
The board may seek wildlife impact payments from an applicant for an industrial facility in accordance with W.S. 35
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120. The board shall expend any payments received under W.S. 35
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120 in accordance with the requirements of W.S. 35
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120 and any terms specified by the industrial siting council.
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509.
Referral.
(a)
Any board of county commissioners which receives an application to permit a wind energy facility or solar energy facility which does not meet the definition of an industrial facility as defined in W.S. 35
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102(a)(vii)(E) or (G) may refer the facility to the industrial siting council for additional permitting consistent with the requirements of the Industrial Development Information and Siting Act, W.S. 35
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101 through
35
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119
35
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120
, but the provisions of W.S. 39
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111 and 39
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111 shall not apply.
A referral shall be made only when a board of county commissioners finds there are potentially significant adverse environmental, social or economic issues which the county board of commissioners does not have the expertise to consider or authority to address.
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511.
Revocation or suspension of permit.
(a)
A permit may be revoked or suspended for:
(iv)
Failure of the proposed facility to receive a required permit from the industrial siting council pursuant to the Industrial Development Information and Siting Act, W.S. 35
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101 through
35
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119
35
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120
;
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109.
Powers and duties of director.
(a)
In addition to any other powers and duties imposed by law, the director of the department shall:
(xi)
Designate authorized officers, employees or representatives of the department to monitor the air, water, and land quality, and solid waste management operations of all facilities which have been granted permits under W.S. 35
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101 through
35
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35
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120
, for assuring continuing compliance with conditions and requirements of their permits and for discovering and preventing noncompliance with the permits or violations of law;
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110.
Powers of administrators of the divisions.
(e)
The administrator of the industrial siting division shall enforce and administer the provisions of W.S. 35
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101 through
35
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119
35
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120
.
He shall have the powers set forth in paragraph (a)(x) of this section.
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2101.
Advanced nuclear reactors; requirements.
(e)
The provisions of the Industrial Development Information and Siting Act, W.S. 35
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101 through
35
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119
35
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120
, shall apply only to the extent that those provisions do not interfere with, contradict or duplicate any requirements of the United States Nuclear Regulatory Commission.
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102.
Definitions.
(a)
As used in this chapter:
(xvi)
"Eligible entity" means the Wyoming game and fish commission and the Wyoming wildlife and natural resource trust account board.
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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
:
,
(i)
A
t 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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111(c) and (d) and 39
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111(d) and (e) and negotiation of agreements with applicants as provided for in W.S. 35
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107
;
(ii)
At the request of an eligible entity, to provide technical assistance to the eligible entity in the preparation of anticipated impacts to wildlife related to a proposed project, in providing recommendations under W.S. 35
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110(b) and for the negotiation of agreements with applicants under W.S. 35
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120
.
35
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110.
Service of notice of application; information and recommendations; application deficiencies; procedure; jurisdiction; hearing.
(b)
The division shall obtain information and recommendations from the following state agencies relative to the impact of the proposed facility as it applies to each agency's area of expertise:
(xxiv)
The Wyoming wildlife and natural resource trust account board.
Section 3.
This act shall apply to all industrial facilities as defined in W.S. 35
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102(a)(vii) for which the applicant receives a determination of jurisdiction from the director of the department of environmental quality or the administrator of the industrial siting division of the department of environmental quality on and after July 1, 2025.
Section 4.
The industrial siting council shall promulgate all rules necessary to implement this act.
Section 5.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2025
.
(b)
Sections 4 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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SF0134