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26LSO-0394
2026
STATE OF WYOMING
26LSO-0394
Numbered
2.0
SENATE FILE NO. SF0065
Wyoming business council-repeal.
Sponsored by: Joint Appropriations Committee
A BILL
for
AN ACT relating to the administration of the government; repealing and terminating the Wyoming business council; repealing the Wyoming Economic Development Act and renumbering portions of the act; specifying requirements and conditions for the repeal and termination; transferring specified functions of the Wyoming business council to other state entities; making conforming amendments; repealing obsolete provisions; requiring reports; specifying applicability; authorizing positions; providing an appropriation; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
(a)
On July 1, 2026, the Wyoming business council is repealed, terminated and shall cease to function, subject to the requirements of this act.
(b)
On the effective date of this section, the Wyoming business council shall:
(i)
Not accept any new applications for grants, loans, bonds or other funding for any programs operated by the Wyoming business council or for any programs for which the council has been delegated administration or operation;
(ii)
Not process any pending applications for grants, loans, financial aid, bonds or other funding for any programs operated by the Wyoming business council or for any programs for which the council has been delegated administration or operation;
(iii)
Not approve any grants or financial aid or disburse any grant funds for financial aid for grants or applications not approved or executed before the effective date of this section. For purposes of this paragraph, the business council may disburse grant funds and financial aid encumbered or obligated before the effective date of this section until July 1, 2026;
(iv)
Not approve any loans or bonds or disburse any funds for loans or bonds not approved or executed before the effective date of this section;
(v)
Take all actions necessary to transfer the functions and programs specified in section 2 of this act in accordance with section 2 of this act;
(vi)
Take all actions necessary to effectuate this act and wind up all activities of the Wyoming business council not later than July 1, 2026.
(c)
On the effective date of this section, no new capital construction projects as defined in W.S. 9
‑
2
‑
3001(b)(ii) specified for or on behalf of the Wyoming business council shall commence or begin construction. Nothing in this subsection shall be construed to impair any project commenced or in progress as of the effective date of this section.
(d)
Not later than April 30, 2026, the Wyoming business council shall report to the joint appropriations committee, the joint minerals, business and economic development interim committee, the governor, the state budget department, the state loan and investment board and the Wyoming energy authority on all of the following:
(i)
The total amount of grant funds and financial aid obligated for disbursement but not disbursed for grants and financial aid approved and executed before the effective date of this section, itemized by program;
(ii)
The number of loans executed by the business council before the effective date of this section that are still outstanding as of the date of the report required under this subsection. In reporting information under this paragraph, the business council shall itemize each loan by program and report the recipient of each outstanding loan, the terms and conditions of each outstanding loan, the repayment schedule for each loan and the amount remaining to be repaid for each outstanding loan;
(iii)
The number of bonds executed by the business council before the effective date of this section that are still outstanding as of the date of the report required under this subsection. In reporting information under this paragraph, the business council shall report each outstanding bond, the terms and conditions of each outstanding bond and any amount remaining to be paid or repaid for each outstanding bond;
(iv)
All real and personal property owned or held by the business council as of the date of the report required under this subsection. Information reported under this paragraph shall include the program or function for which the property is owned or held;
(v)
Each program and function administered or operated by the business council specified in section 2(d) of this act;
(vi)
Each set or group of funds received by the business council specified in section 2(d) of this act;
(vii)
The actions taken by the business council to support or assist in the completion of the forensic audit required under subsection (h) of this section;
(viii)
All actions taken by the business council to wind up the activities of the council and effectuate this act;
(ix)
All actions taken by the business council to transfer the functions and programs specified with section 2 of this act in accordance with section 2 of this act;
(x)
Whether any further legislative changes are needed to effectuate this act and the purposes of this act.
(e)
On July 1, 2026, the state budget department shall assume all duties, assets, liabilities, investments, equity positions, ownership interests and other interests of the Wyoming business council with respect to all existing loans, grants, financial aid and other obligations of the Wyoming business council executed before the effective date of this section, subject to the transfers specified in section 2 of this act. The state budget department shall administer the grants, financial aid, bonds and loans in accordance with the terms and conditions of those grants, financial aid, bonds and loans and in accordance with all applicable laws as those laws existed before their repeal on July 1, 2026.
(f)
On July 1, 2026:
(i)
All unexpended, unobligated funds held by the Wyoming business council or that are in accounts administered by the business council shall revert to the account or source from which the funds were appropriated to the Wyoming business council or the accounts administered by the business council, except as otherwise provided in this subsection;
(ii)
All unexpended, unobligated funds in the economic development account created in W.S. 9
‑
12
‑
301(a)(iii), the economic development enterprise fund account created in W.S. 9
‑
12
‑
305 and the large project account created in W.S. 9
‑
12
‑
308(a) shall be transferred by the state auditor to the state budget department for administration in accordance with this act;
(iii)
All unexpended, unobligated funds within the Wyoming workforce development
‑
priority economic sector partnership subaccount created in W.S. 9
‑
12
‑
1404(a)(iii), as repealed by this act, shall be transferred by the state auditor to the Wyoming workforce development
‑
priority economic sector account created in W.S. 9
‑
2
‑
2611(p), as created by this act;
(iv)
All unexpended, unobligated funds within the broadband development subaccount created in W.S. 9
‑
12
‑
1404(a)(ii), as repealed by this act, shall be transferred by the state auditor to the broadband development account created in W.S. 9
‑
1
‑
225, as created by this act;
(v)
All funds appropriated to the Wyoming business council, including funds appropriated during the 2026 budget session, for implementing the tourism program and functions in accordance with W.S. 9
‑
12
‑
1001 and 9
‑
12
‑
1002 shall be transferred by the state auditor to the office of tourism;
(vi)
All funds appropriated to the Wyoming business council during the 2026 budget session shall revert to the account, fund or source from which the funds were appropriated;
(vii)
All real and personal property held by the business council shall pass to and be vested in the state, consistent with W.S. 9
‑
12
‑
103(c), as repealed by this act. For purposes of this paragraph, the state agencies and entities specified in this act shall administer the property transferred under this paragraph in accordance with the requirements of this act. The Wyoming energy authority, the state budget department and the office of the governor shall take all actions necessary to effectuate the transfer of property specified in this paragraph.
(g)
On July 1, 2026, the authorization for any full
‑
time positions, part
‑
time positions and at
‑
will employment contract positions authorized for or allocated to the Wyoming business council, including any positions authorized during the 2026 budget session, shall cease and be terminated.
(h)
The state department of audit shall complete or cause to be completed a forensic audit of the Wyoming business council. The forensic audit shall be commenced as soon as possible after the effective date of this section. Upon the completion of the audit, the department of audit shall report the results and findings of the audit to the joint appropriations committee and the joint minerals, business and economic development interim committee. If the audit is unable to be completed by July 1, 2026, the department of audit shall report to the joint appropriations committee and the joint minerals, business and economic development interim committee not later than May 29, 2026 with that fact and the reasons for why the audit will not be completed by July 1, 2026. The forensic audit shall include, at a minimum:
(i)
A list or accounting of all funds currently held, received and expended by the Wyoming business council;
(ii)
A list or accounting of all accounts used to hold funds appropriated to, held by or expended by the business council, including all accounts associated with the business council that are specified by law, any accounts created by the business council and any accounts created by the state auditor or any other state agency or entity on behalf of the business council;
(iii)
A list or accounting of all funds from private sources donated to or otherwise provided to the business council that are currently held or maintained by the business council;
(iv)
A review of whether the business council has administered, held, expended and distributed funds in accordance with all applicable laws;
(v)
A review of whether the business council has accounted for, held and expended funds in conformance with generally accepted accounting principles.
(j)
On the effective date of this section, the Wyoming business council shall identify and hold all funds received by the business council from private sources and local governmental entities. For purposes of this subsection, "private source" means any source that is not a governmental entity. The following shall apply to funds from private sources and local governmental entities identified in this subsection:
(i)
Not later than July 1, 2026, the business council shall contact each private source and local governmental entity with funds donated to or held by the business council to consult with the private source or local governmental entity as to the source's or entity's wishes or directives for the disposition of the donated or provided funds;
(ii)
The business council shall refund or cause to be refunded all unexpended, unobligated funds of each private source and local governmental entity that requests that donated or provided funds be refunded or returned to the private source or local governmental entity;
(iii)
A private source or local governmental entity may direct the unexpended, unobligated funds of the private source or local governmental entity to another agency or entity in state government or for another purpose. Not later than July 1, 2026, the business council shall transfer or cause to be transferred all unexpended, unobligated funds identified in this paragraph to the appropriate state agency or entity in accordance with the stated directives of the private sources and local governmental entities;
(iv)
For donated or provided funds from private sources and local governmental entities who cannot be reached or decline to direct the disposition of the donated or provided funds, the funds shall be transferred to the state budget department on July 1, 2026 to be used to implement this act, unless:
(A)
The terms and conditions of the provided funds or donation restrict the use of the funds for a specified purpose or program; or
(B)
Another provision of law prohibits the transfer of funds under this subsection.
Section 2.
(a)
The Wyoming energy conservation improvement program created in W.S. 9
‑
12
‑
1201 through 9
‑
12
‑
1203 is hereby transferred to the Wyoming energy authority on July 1, 2026. All property, equipment, obligations and unexpended funds of the Wyoming energy conservation improvement program shall be transferred from the Wyoming business council to the Wyoming energy authority on July 1, 2026, except as provided in this section.
(b)
The Wyoming minerals to value added products program created in W.S. 9
‑
20
‑
101 through 9
‑
20
‑
104 is hereby transferred to the Wyoming energy authority on July 1, 2026. All property, equipment, obligations and unexpended funds of the Wyoming minerals to value added products program are transferred from the Wyoming business council to the Wyoming energy authority on July 1, 2026, except as provided in this section.
(c)
The broadband development program created in W.S. 9
‑
12
‑
1501 through 9
‑
12
‑
1510 is hereby transferred to the state loan and investment board on July 1, 2026. All property, equipment, obligations and unexpended funds of the broadband development program are transferred from the Wyoming business council to the state loan and investment board on July 1, 2026, except as provided in this section.
(d)
Unless otherwise provided by this act, on July 1, 2026, the following functions and programs, and all property, equipment, obligations and unexpended funds of the following functions and programs, are hereby transferred to the state budget department:
(i)
Any funds held or invested by or for the Wyoming business council for any programs for which the business council has statutory authority or other delegated authority to operate and administer, and the associated programs and functions connected to or funded by those funds;
(ii)
Any funds received by the business council from any nonstate source for disbursement or expenditure for any purpose, program or function for which the business council has statutory authority or other delegated authority to operate and administer, and the associated programs and functions connected to or funded by those funds;
(iii)
The administration of any funds or accounts held or administered by the Wyoming business council containing funds or created within the revolving investment fund created under article 16, section 12 of the Wyoming constitution;
(iv)
Any other program, function or group of funds assigned to the business council by law not otherwise transferred or repealed in this act;
(v)
Any other program, function or group of funds delegated by another state agency or entity to the business council, or for which the business council has assumed authority, administration or oversight, not otherwise transferred or repealed in this act.
(e)
The following shall apply to the reorganization specified in subsections (a) through (d) of this section:
(i)
No plan of reorganization under W.S. 9
‑
2
‑
1707(a)(iii) for the transfer of the programs and functions specified in this section shall be required;
(ii)
Upon the transfer of the programs and functions specified in this section, the agencies specified in this section to assume those programs and functions shall assume all duties and authorities granted under Wyoming law related to the programs and functions assumed.
Section 3.
(a)
Nothing in this act shall be construed to impair any existing contracts, agreements or other obligations of the Wyoming business council executed before the effective date of this section.
(b)
Beginning July 1, 2026, the state budget department shall, to the greatest extent authorized by law, fulfill existing agreements, contracts and other obligations of the Wyoming business council in accordance with the requirements of this act. To the extent that the Wyoming business council has outstanding contracts, agreements or other obligations that cannot be assumed lawfully by the state budget department as provided in this act, the office of the governor shall assume those contracts, agreements or other obligations.
Section 4.
W.S. 9
‑
1
‑
225 is created to read:
9
‑
1
‑
225.
Broadband development account.
(a)
The broadband development subaccount created in W.S. 9
‑
12
‑
1404(a)(ii) is hereby continued as the broadband development account. Funds within this account may be expended by the state loan and investment board to:
(i)
Provide funding for agreements entered into pursuant to W.S. 9
‑
12
‑
1501 through 9
‑
12
‑
1510;
(ii)
Provide the state's share of any matching funds required for the state to receive federal funds under any federal broadband program including, but not limited to, the broadband equity, access and deployment program established by the federal Infrastructure Investment and Jobs Act, P.L. 117
‑
58; 135 Stat. 429;
(iii)
Pay the reasonable administrative expenses of the state loan and investment board in an amount not to exceed three hundred thousand dollars ($300,000.00).
Section 5.
W.S. 9
‑
1
‑
202(a), 9
‑
2
‑
1004 by creating new subsections (d) and (e), 9
‑
2
‑
2601(d), 9
‑
2
‑
2604(c), 9
‑
2
‑
2610(a)(xii) and (xvi), 9
‑
2
‑
2611(a), (c), (m), (o)(ii) and by creating a new subsection (p), 9
‑
2
‑
2906(b)(xii), 9
‑
2
‑
3001(b)(i), 9
‑
4
‑
715(n)(intro), 9
‑
12
‑
1002(a)(intro), 9
‑
12
‑
1501(a), (d), (e)(intro), (f), (g) and (h) by creating a new paragraph (iii), 9
‑
12
‑
1502(a) and (b), 9
‑
12
‑
1503(a)(xiii), (b), (c)(intro) and (vi), 9
‑
12
‑
1504(a)(intro), (b) and (c), 9
‑
12
‑
1505(a), (b)(intro) and (c), 9
‑
12
‑
1506(c), 9
‑
12
‑
1507(a)(intro), (i) and (b), 9
‑
12
‑
1509(a), (b)(intro), (iii), (iv), (v)(intro), (A) and (c), 9
‑
12
‑
1510(a)(intro), (v)(A), (B) and (b), 9
‑
23
‑
102(a)(i), 9
‑
23
‑
105(f)(intro), (i)(intro), (ii) and (h), 9
‑
23
‑
106(g), 10
‑
3
‑
601(c), 11
‑
10
‑
115(a)(vi), 15
‑
1
‑
709, 17
‑
11
‑
104(a)(iv), 17
‑
11
‑
110(a), 21
‑
16
‑
1905(b), 21
‑
18
‑
104, 27
‑
13
‑
102(a)(intro), 37
‑
5
‑
503(j) and by creating a new subsection (k), 37
‑
5
‑
504(a)(xiii), 39
‑
15
‑
105(a)(viii)(S)(III)(4),
39
‑
16
‑
105(a)(viii)(H)(III)(4) and 40
‑
11
‑
102(b), (c) and by creating a new subsection (d) are amended to read:
9
‑
1
‑
202.
Removal of appointive officers and commissioners; reason for removal to be filed.
(a)
Notwithstanding any other provision of law and except as otherwise provided in this section, any person may be removed by the governor, at the governor's pleasure, if appointed by the governor to serve as head of a state agency, department or division, or as a member of a state board or commission.
The governor may only remove a member of the Wyoming business council as provided in W.S. 9
‑
12
‑
103.
9
‑
2
‑
1004.
Duties of the department; receipt of monthly statements of income, revenues and expenditures of state agencies and offices; authority to contract; purposes; administration of funds.
(d)
Beginning July 1, 2026, the department shall administer funds within the revolving investment fund created under article 16, section 12 of the Wyoming constitution previously administered by the Wyoming business council. Funds within the revolving investment fund and specified within this subsection shall not be expended except upon legislative appropriation.
(e)
Beginning July 1, 2026, the department shall administer any outstanding grants, loans, bonds and other obligations assumed or entered into by the Wyoming business council before the repeal of the Wyoming business council. Not later than November 1, 2026 and each November 1 thereafter, the department shall report to the joint appropriations committee and the joint minerals, business and economic development interim committee on the status of outstanding grant funds to be disbursed, outstanding loans, outstanding bonds and other obligations assumed by the board under this subsection. The report shall specify each grant, loan, bond and other obligation still outstanding and the amount, terms and conditions of each grant, loan, bond and other obligation.
9
‑
2
‑
2601.
Department of workforce services; duties and responsibilities; agreements with other agencies authorized; definition; merger with department of employment.
(d)
The department shall administer expenditures from the workforce development training fund as provided in W.S. 9
‑
2
‑
2604. The department shall administer expenditures from the Wyoming workforce development
‑
priority economic sector partnership
subaccount within the economic diversification
account as provided in W.S. 9
‑
2
‑
2609 through 9
‑
2
‑
2611
.
and 9
‑
12
‑
1404.
9
‑
2
‑
2604.
Workforce development training fund established.
(c)
Expenditures from the workforce development training fund for purposes authorized in subsection (b) of this section shall be approved by the director of the department of workforce services based on procedures, criteria and performance measures established by regulations.
Notification of expenditures approved under paragraphs (b)(iii) and (iv) of this section and a copy of the training fund application shall be provided to the Wyoming business council.
The director of the department of workforce services shall report annually to the governor and the legislature on the expenditures made from the training fund in the preceding fiscal year and the results of the activities funded by the training fund.
9
‑
2
‑
2610.
Definitions.
(a)
As used in this act:
(xii)
"Priority economic sector business" means an employer engaged in establishing or expanding operations within a priority economic sector identified in the twenty (20) year comprehensive economic diversification strategy approved by the governor
pursuant to W.S. 9
‑
12
‑
1402
in Wyoming that through the employment of knowledge or labor add value to a product, process or export service that results in the creation of new wealth;
(xvi)
"Wyoming workforce development
‑
priority economic sector partnership
subaccount
account
" or
"subaccount"
"account"
means the
subaccount
account
created in W.S.
9
‑
12
‑
1404(a)(iii)
9
‑
2
‑
2611(p)
;
9
‑
2
‑
2611.
Priority economic sector business workforce training programs; eligibility.
(a)
The department, in consultation with the coordinator of economic diversification shall administer the Wyoming workforce development
‑
priority economic sector partnership program.
Using available monies within the Wyoming workforce development
‑
priority economic sector partnership
subaccount
account
, the department may contract to provide training funds for education or skills based training for employees for priority economic sector businesses in new jobs.
The funds shall be provided to eligible training providers in accordance with contracts between the department, priority economic sector business employers and eligible training providers, for the purpose of providing employees with education and training required for jobs in new or expanding priority economic sector businesses in the state.
(c)
An applicant shall provide a match of at least one dollar ($1.00) for every one dollar ($1.00) requested from the
subaccount
account
. The match may include new loans and investments and expenditures for direct project related costs such as new equipment and buildings. The department may consider recent purchases of fixed assets directly related to the proposal on a case
‑
by
‑
case basis. A purchase of fixed assets directly related to the proposed training activities that have been made within ninety (90) days after submission of the application may be considered eligible by the department.
(m)
The Wyoming business council shall assist the department with review of information provided under paragraphs (h)(i) and (ii) of this section, as requested by the department.
If the department determines that an applicant meets the criteria established in this section and has complied with the applicable procedures and review processes established by the department, the department may recommend funding for a priority economic sector business workforce development program and the disbursement of funds under contract to the eligible training provider.
The recipient eligible training provider shall use funds received under the program in accordance with the provisions of the contract.
No funding shall be provided for any program without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therein.
Upon recommendation of the department, certification by the attorney general, and approval by the governor or his designee, funding from the Wyoming workforce development
‑
priority economic sector partnership
subaccount
account
may be distributed to the eligible training provider.
(o)
The department shall:
(ii)
Report annually to the joint appropriations committee on the expenditures made from the Wyoming workforce development
‑
priority economic sector partnership
subaccount
account
in the preceding fiscal year and the results of each partnership project's activities.
(p)
The Wyoming workforce development
‑
priority economic sector partnership subaccount created in W.S. 9
‑
12
‑
1404(a)(iii) is hereby continued as the Wyoming workforce development
‑
priority economic sector partnership account. Funds within this account may be expended:
(i)
As approved by director of the department of workforce services for administrative costs incurred by the department of workforce services associated with administration of the Wyoming workforce development
‑
priority economic sector partnership program under W.S. 9
‑
2
‑
2609 through 9
‑
2
‑
2611; and
(ii)
As approved by the governor or the governor's designee to provide funding for agreements entered into pursuant to W.S. 9
‑
2
‑
2609 through 9
‑
2
‑
2611.
9
‑
2
‑
2906.
Office of the state chief information officer and director; authority; duties of department.
(b)
The department shall carry out the following coordination and management functions:
(xii)
Enhance statewide broadband adoption and coordination among all governmental users in coordination with the
Wyoming business council
state loan and investment board
and its broadband advisory council;
9
‑
2
‑
3001.
State construction department created; definitions.
(b)
As used in this article:
(i)
"Agency" means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming
, the Wyoming business council
and the Wyoming department of transportation.
"Agency" shall include a Wyoming community college if the community college is conducting a capital construction project using state funds that requires approval by the community college commission or authorization by the legislature under W.S. 21
‑
18
‑
205(g);
9
‑
4
‑
715.
Permissible investments.
(n)
The state treasurer shall not invest state funds for a specific public purpose authorized or directed by the legislature in excess of a total of one billion dollars ($1,000,000,000.00), excluding investments made pursuant to W.S. 37
‑
5
‑
406 or 37
‑
5
‑
605.
By November 1 of each calendar year, the state treasurer, in consultation with the board, the Wyoming water development office
, the Wyoming business council
and the office of state lands and investments, shall provide a report to the select committee on capital financing and investments and the investment funds committee on all state funds invested for a specific public purpose authorized or directed by the legislature.
The report shall include:
9
‑
12
‑
1002.
General powers and duties of the board; rulemaking authority.
(a)
The board shall be responsible for implementing the tourism program
,
and functions assigned to the Wyoming business council under the Wyoming Economic Development Act,
including the expenditure of all funds appropriated for the tourism program and shall:
9
‑
12
‑
1501.
Broadband development program established; purposes; eligibility; definitions.
(a)
A broadband funding program is established under the
Wyoming business council
state loan and investment board
to provide funds to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state.
Upon request by the board, the office of state lands and investments shall provide administrative and technical support to the board for the program.
(d)
A governmental entity specified in subparagraph (c)(ii)(A) or (B) of this section shall develop a request for proposals, as prescribed by the
council
board
, on
such
a form
as may be
promulgated by the
council
board
, inviting business entities to participate in a project proposed for funding under this article. If no eligible business entity responds to the request for proposal with a proposal meeting the requirements specified, the governmental entity specified in subparagraph (c)(ii)(A) or (B) may apply individually, or jointly with any other governmental entity specified in subparagraph (c)(ii)(A) or (B) of this section.
(e)
As used in this article, until established otherwise by rule of the
Wyoming business council
board
pursuant to subsection (f) of this section, "unserved area" is an area in which there exists no fixed terrestrial broadband service, or in which the maximum fixed terrestrial broadband speed available:
(f)
The Wyoming business council may, by rule effective on July 1, 2022, modify the definition of "unserved area" for purposes of this article
, until July 1, 2026
.
Beginning on July 1, 2026, the board may, by rule, modify the definition of "unserved area" for purposes of this article.
The rule shall only modify the definition by providing for upload and download speeds exceeding those specified in subsection (e) of this section as the business council
or board
determines appropriate for technological conditions prevailing as of
July 1, 2022
the date the rule takes effect
.
(g)
The
Wyoming business council
board
shall by rule establish a definition of "business corridor" for purposes of this article. An area shall not be considered a business corridor unless multiple businesses are, or have undertaken permitting, construction or other substantial steps to be, located in proximity to each other.
(h)
As used in this article:
(iii)
"Board" means the state loan and investment board.
9
‑
12
‑
1502.
Application process.
(a)
An eligible applicant shall submit an application to the
council
board
on a form prescribed by the
council
board
. The
council
board
shall develop administrative procedures governing the application and funding process
.
by September 1, 2018.
The
council
board
shall be responsible for receiving and reviewing applications, entering into contracts and authorizing the distribution of funds under this article, subject to approval by the governor or his designee.
(b)
The
council
board
shall provide for funding periods not less frequently than biannually. At least thirty (30) days prior to the first day of the funding period for which applications may be submitted, the
council
board
shall publish on its official website the specific criteria and any quantitative weighting scheme or scoring system the
council
board
will use to evaluate or rank applications.
9
‑
12
‑
1503.
Application contents; application modification.
(a)
An applicant for funding under this article shall provide the following information on the application:
(xiii)
Additional information requested by the
council
board
.
(b)
The
council
board
may require an applicant to submit additional information to enable the
council
board
to properly assess the application for funding. The
council
board
may request an applicant to modify an application based on current broadband access in the proposed geographic broadband service area before awarding funding under this article.
(c)
The
council
board
shall
, after providing opportunity for public comment,
promulgate rules
on or before September 1, 2021
that identify the nature and type of information provided by broadband providers to the
council
board
that shall be treated as confidential, trade secret or proprietary and that shall be protected from disclosure to the public. The following information shall not be considered confidential, trade secret or proprietary and shall be subject to disclosure to the public:
(vi)
Information deemed public information by the
council
board
after a hearing on the issue.
9
‑
12
‑
1504.
Challenge process.
(a)
Within three (3) business days of the close of the funding application process, the
council
board
shall publish on its official website the proposed geographic broadband service area and the proposed broadband service speeds for each application submitted and shall notify each broadband provider who is listed with the
council
board
as providing broadband service in the proposed project area of the application and proposed project. The notification to each listed broadband provider shall include the shapefile or map submitted by the applicant under W.S. 9
‑
12
‑
1503(a)(i). An existing broadband service provider may, within fourteen (14) business days of publication of the information, submit in writing to the
council
board
a challenge to an application. A challenge shall contain information demonstrating that:
(b)
The
council
board
shall evaluate the information submitted in a provider's challenge under this section, and is prohibited from funding a project if the
council
board
determines the provider is currently providing broadband service or the provider's commitment to provide broadband service that meets the requirements of subsection (a) of this section in the proposed project area is credible.
(c)
If the
council
board
denies funding to an applicant as a result of a broadband service provider's challenge made under this section, and the broadband service provider does not fulfill the provider's commitment to provide broadband service in the project area, the challenging provider is prohibited from applying for funding for a project under this article for the following five (5) years
,
and the
council
board
is prohibited from denying funding to an applicant as a result of a challenge by the same broadband service provider for the following five (5) years, unless the
council
board
determines that the broadband service provider's failure to fulfill the provider's commitment was the result of factors beyond the broadband service provider's control.
9
‑
12
‑
1505.
Funding determinations.
(a)
In evaluating applications and providing funding under this article, the
council
board
shall give highest priority to applications
which
that
the
council
board
determines are public private partnerships.
(b)
In evaluating applications and entering into agreements to provide funding, the
council
board
shall give priority to applications that meet one (1) or more of the following criteria, with additional priority given for meeting multiple criteria:
(c)
The
council
board
shall endeavor to award grants under this section to qualified applicants in geographically diverse regions of the state.
9
‑
12
‑
1506.
Limitations.
(c)
The
council
board
shall
, by rule,
adopt
provisions
rules
to ensure that adequate consideration is provided for the expenditure of public funds on projects funded under this article.
9
‑
12
‑
1507.
Application evaluation report.
(a)
By June 30 of each year,
following adoption of the state broadband enhancement plan,
the
council
board
shall publish on its website and provide to the joint minerals, business and economic development interim committee a list of all applications for funding under this article received during the previous year and, for each application:
(i)
The results of any quantitative weighting scheme or scoring system the
council
board
used to fund the applications;
(b)
Within ninety (90) days after a project's proposed completion date, the
council
board
shall review the project and provide in the report under subsection (a) of this section, its determination of whether the project was completed and services rendered in accordance with the agreement under this article.
If the
council
board
reports that a project was not completed or services are not being rendered in accordance with an agreement, it shall report actions it has taken to enforce the agreement.
9
‑
12
‑
1509.
Broadband advisory council; broadband coordinator.
(a)
The
business council
board
shall
, in consultation with the economically needed diversity options for Wyoming (ENDOW) executive council,
establish a broadband advisory council consisting of eleven (11) members.
One (1) member shall be the state chief information officer or
his
the officer's
designee.
Remaining members shall be appointed by the
council
board
from the public at
‑
large, with geographic diversity and to include diverse interests, including backgrounds in economic development, state or local government entities, broadband providers, technology related businesses, health care, education, library services and public safety. At least one (1) representative of the Northern Arapaho or Eastern Shoshone tribes of the Wind River Indian Reservation shall be appointed to the advisory council. One (1) senator appointed by the president of the senate and one (1) representative appointed by the speaker of the house shall serve as legislative liaisons to the advisory council.
Legislative liaisons shall be paid salary, per diem and mileage as provided in W.S. 28
‑
5
‑
101 when attending meetings of the advisory council.
Members of the advisory council shall receive no salary, but shall be reimbursed under W.S. 9
‑
3
‑
102 and 9
‑
3
‑
103 for per diem and travel expenses incurred in the performance of their duties.
(b)
The advisory council shall provide advice and make recommendations to the
business council
board
on the following subjects:
(iii)
Coordination with
the ENDOW executive council,
the state chief information officer and local and tribal governmental entities to ensure that state and local policies are conducive to development of broadband services;
(iv)
Applications received under this article, as requested by the
council
board
;
(v)
Propose to the
council
board
:
(A)
A state broadband enhancement plan
,
for adoption by the
council not later than September 1, 2018
board
;
(c)
The
business council
board
shall, in consultation with the
ENDOW executive council
office of state lands and investments
and the governor's office, designate an employee of the
business council
board or the office of state lands and investments
as coordinator of broadband services.
The person designated shall have expertise in telecommunications and specifically in the provision of broadband services.
As directed by the
business council
board
, the coordinator shall staff the broadband advisory council.
The coordinator shall, with approval of the
business council
board
, accomplish the tasks set forth in paragraphs (b)(i) through (v) of this section and undertake other duties as assigned by the
business council
board
in consultation with the governor's office.
The
business council
board
may contract with a consultant to provide services to the broadband advisory council and to the
business council
board
under this act.
9
‑
12
‑
1510.
Middle
‑
mile broadband projects.
(a)
The
council
board
may fund middle
‑
mile broadband projects upon receiving an application as provided under this article. The provisions of this article shall apply to middle
‑
mile broadband projects except as otherwise provided by this section. The
council
board
shall not fund middle
‑
mile broadband projects under this article unless:
(v)
The broadband provider agrees to:
(A)
Allow the
council
board
to participate in arbitration of determining reasonable rates in the event of unsuccessful negotiations between the funding recipient and another broadband provider for access to the infrastructure; and
(B)
Provide to the
council
board
upon the
council's
board's
request any marketing information based on current leases to assist the
council
board
in determining reasonable rates for access to the infrastructure for the project funded under this article. Any information provided under this subparagraph shall be confidential and shall not be disclosed by the
council
board
.
(b)
The
council
board
shall promulgate rules for the funding of middle
‑
mile broadband projects as provided by this section.
9
‑
23
‑
102.
Definitions.
(a)
As used in this act:
(i)
"Agency" means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming, community college districts
, the Wyoming business council
and the Wyoming department of transportation;
9
‑
23
‑
105.
Selection procedures; emergency waiver.
(f)
Every agency, the University of Wyoming, each community college district
, the Wyoming business council
and the Wyoming department of transportation shall base selection of a firm for professional services in accordance with the following:
(i)
Except as provided in paragraph (ii) of this subsection and subsection (g) of this section, the agency, the University of Wyoming, each community college district
, the Wyoming business council
and the Wyoming department of transportation shall select firms that are resident firms as defined by this act.
Consideration between firms shall be based upon:
(ii)
Nonresident firms may be selected if no firms on file, together with any applications submitted for the project, are resident firms as defined by this act or if the resident firms are determined not qualified by the agency, the University of Wyoming, each community college district
, the Wyoming business council
or the Wyoming department of transportation. Consideration of qualified nonresident firms shall be based upon the considerations listed in subparagraphs (i)(A) through (G) of this subsection.
(h)
Whenever an emergency arises requiring professional services, the principal representative of an agency, the University of Wyoming, the community college district
, the Wyoming business council
and the Wyoming department of transportation may waive any applicable requirement of W.S. 9
‑
23
‑
104 and this section if the requirement endangers the health, welfare or safety of the public.
9
‑
23
‑
106.
Contract procedure.
(g)
If selection of a resident firm is required under this act, the contract for professional services entered into by an agency, the University of Wyoming, each community college district
, the Wyoming business council
or the Wyoming department of transportation shall contain a certification by the resident firm providing professional services that the firm will comply with W.S. 9
‑
23
‑
102(a)(vi)(B).
This subsection shall not be construed to require a firm to comply with W.S. 9
‑
23
‑
102(a)(vi)(B) if the proposed project is exempt from residence firm selection by W.S. 9
‑
23
‑
105(g) or if selection of a resident firm is waived in accordance with W.S. 9
‑
23
‑
105(h).
10
‑
3
‑
601.
Wyoming air services enhancement; legislative findings; Wyoming aeronautics commission authority to contract for services; requirements.
(c)
The commission has primary responsibility and may consult with or delegate to the aeronautics division of the Wyoming department of transportation
, Wyoming business council
or other entities as necessary, to develop criteria and contracts for financial aid under this section.
11
‑
10
‑
115.
State fair board; membership; terms; compensation.
(a)
There is created the state fair board consisting of the following members:
(vi)
One (1) voting member appointed by the governor
from the
who is a representative of
Wyoming business
council
interests
;
15
‑
1
‑
709.
Advice and information.
The
executive director of the Wyoming business council and the
University of Wyoming shall furnish advice and information in connection with a project when requested to do so by a county or municipality.
17
‑
11
‑
104.
Powers of corporation generally.
(a)
In furtherance of its purposes the corporation shall, subject to the restrictions and limitations herein contained, have the following powers:
(iv)
To cooperate with and avail itself of the facilities of the United States department of commerce
, the Wyoming business council created by W.S. 9
‑
12
‑
103
and any other similar state or federal governmental agencies; and to cooperate with and assist, and otherwise encourage organizations in the various communities of the state in the promotion, assistance, and development of the business prosperity and economic welfare of such communities or of this state or of any part thereof;
17
‑
11
‑
110.
Board of directors.
(a)
The business and affairs of the corporation shall be managed and conducted by a board of directors, which shall consist of not less than five (5) nor more than seven (7) members.
One (1) member of the board shall be the chief executive officer of the Wyoming business council or other person designated by the council.
The board of directors may exercise all the powers of the corporation except such as are conferred by law or by the articles of incorporation or the bylaws of the corporation upon the shareholders or members.
21
‑
16
‑
1905.
Administration; rules and regulations.
(b)
The commission shall promulgate rules necessary to implement this article in consultation with the University of Wyoming, the department of workforce services
, the Wyoming business council
and other stakeholders, including industry representatives. The rules shall provide for a preference to award scholarships which considers workforce shortages and economic development needs of the communities, regions and the state. First preference shall be given to students who received a scholarship under this article in the immediately preceding academic term and remain eligible to receive a scholarship under W.S. 21
‑
16
‑
1904(c). Second preference shall be given to students who have secured an industry sponsorship. Preference may be given to students based on the length of their Wyoming residency. Preference may be given to students without a degree.
21
‑
18
‑
104.
Small business development centers.
The small business development centers shall be operated by the University of Wyoming. The university shall specify the organizational structure of the network of centers
.
in consultation with the Wyoming business council created by W.S. 9
‑
12
‑
103.
The university shall integrate the operations of the centers with the Wyoming business council to the fullest extent permitted by federal law.
27
‑
13
‑
102.
Powers and duties; rules and regulations.
(a)
The division shall, in conjunction with the department of education,
the business council,
the department of workforce services, the workforce development council, the University of Wyoming and the community college commission, establish and maintain a plan to implement the occupational transfer and retraining programs and services for displaced workers created under this act. The plan shall designate:
37
‑
5
‑
503.
Purposes; report; duties.
(j)
Before any appropriation is made to the authority, the authority shall submit its budget for review as provided by W.S. 9
‑
2
‑
1010 through 9
‑
2
‑
1014. Any appropriation to the authority shall be expended only for administrative purposes, which shall include planning and research
, and for purposes of operating the programs specified in W.S. 37
‑
5
‑
701 through 37
‑
5
‑
703 and 37
‑
5
‑
801 through 37
‑
5
‑
804
.
(k)
The authority shall operate and administer:
(i)
The Wyoming energy conservation improvement program, pursuant to W.S. 37
‑
5
‑
701 through 37
‑
5
‑
703;
(ii)
The Wyoming minerals to value added products program, pursuant to W.S. 37
‑
5
‑
801 through 37
‑
5
‑
804.
37
‑
5
‑
504.
Powers of the authority.
(a)
The authority may:
(xiii)
Work in consultation and coordination with entities
including the Wyoming business council
to develop, promote and identify markets for natural resources associated with energy and facilitate supply for those markets;
39
‑
15
‑
105.
Exemptions.
(a)
The following sales or leases are exempt from the excise tax imposed by this article:
(viii)
For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:
(S)
Subject to meeting the applicable provisions of this subparagraph, the following purchases by a data processing services center as defined in W.S. 39
‑
15
‑
101(a)(xliv):
(III)
For the purpose of claiming the exemptions in subdivisions (I) and (II) of this subparagraph, the purchaser shall demonstrate to the department that he:
(4)
Has
received certification from the Wyoming business council
provided sufficient documentation to the department for the department to determine
that the purchaser has created or will create a number of jobs in Wyoming that is appropriate to the size and stage of development of the data processing services center
;
as determined by the Wyoming business council;
39
‑
16
‑
105.
Exemptions.
(a)
The following purchases or leases are exempt from the excise tax imposed by this article:
(viii)
For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:
(H)
Subject to meeting the applicable provisions of this subparagraph, the following purchases by a data processing services center as defined in W.S. 39
‑
15
‑
101(a)(xliv):
(III)
For the purpose of claiming the exemptions in subdivisions (I) and (II) of this subparagraph, the purchaser shall demonstrate to the department that he:
(4)
Has
received certification from the Wyoming business council
provided sufficient documentation to the department for the department to determine
that the purchaser has created or will create a number of jobs in Wyoming that is appropriate to the size and stage of development of the data processing services center
;
as determined by the Wyoming business council;
40
‑
11
‑
102.
Application by public corporation to establish and operate zone; designation of agency to apply on behalf of state.
(b)
The
Wyoming business council
governor
is
the public entity
hereby
designated and authorized to apply, on behalf of the state of Wyoming, for foreign trade zone authority, sub
‑
zone authority or port of entry pursuant to the act of congress and regulations issued pursuant to the act.
(c)
The designation of the
Wyoming business council
governor
to apply on behalf of the state of Wyoming for foreign trade zone or sub
‑
zone authority shall not prohibit other public corporations from applying for foreign trade zone authority pursuant to the act of congress.
(d)
Nothing in this section shall be construed to alter or abrogate any foreign trade zone authority, sub
‑
zone authority or port of entry applied for by the Wyoming business council before July 1, 2026.
Section 6.
W.S. 9
‑
12
‑
1201 through 9
‑
12
‑
1203 as 37
‑
5
‑
701 through 37
‑
5
‑
703 and 9
‑
20
‑
101 through 9
‑
20
‑
104 as 37
‑
5
‑
801 through 37
‑
5
‑
804 are amended and renumbered to read:
ARTICLE 7
WYOMING ENERGY PERFORMANCE PROGRAM
9
‑
12
‑
1201
37
‑
5
‑
701
.
Definitions.
(a)
As used in this article:
(i)
"Agency" means a branch, agency, department, board, instrumentality or institution of the state of Wyoming, a county, a municipal corporation, a school district, a community college district, the University of Wyoming, the cooperative tribal governing body, the Eastern Shoshone Tribe, the Northern Arapaho Tribe, a joint powers board formed pursuant to this act or a special district specifically involved in providing facilities or functions enumerated in W.S. 16
‑
1
‑
104(c);
(ii)
"Energy conservation measure" means an energy study, audit, improvement or equipment that is designed to provide energy, water and operational cost savings at least equivalent to the amount expended by a facility owner for such energy study, audit, improvement or equipment over a period of not more than twenty (20) years after the date such improvement or equipment is installed or becomes operational;
(iii)
"Energy performance contract" means the contract that allows a facility owner to accomplish energy or water efficiency projects without upfront capital costs or capital appropriations.
An energy performance contract shall not be considered to be a contract for public improvement pursuant to W.S. 15
‑
1
‑
113;
(iv)
"Energy services company" means the contractor not organized under the auspices of a utility regulated by the public service commission with demonstrated technical, operational, financial and managerial capabilities to design and implement energy conservation measures and the ability to secure necessary financial measures to ensure related guarantees for operational cost savings and who is responsible for the audit, design, implementation, measurement, verification and guarantee of savings for individual projects;
(v)
"Facility owner" means an agency or group of agencies, a public hospital or other public entity responsible for an individual facility or group of facilities;
(vi)
"Investment grade energy audit" means the detailed engineering investigation and report of a facility's current energy and water consuming equipment inventory, condition, operation, maintenance and performance, energy baseline, potential energy and water efficiency upgrades, life cycle costs and risks for future performance that provides the justification for the energy performance contract project;
(vii)
"Wyoming energy conservation improvement program" means the
Wyoming business council
state energy office program
within the Wyoming energy authority
designed to enable and support development and implementation of energy performance contract projects.
9
‑
12
‑
1202
37
‑
5
‑
702
.
Energy performance contracting.
The
council
Wyoming energy authority
shall establish a Wyoming energy conservation improvement program
which
that
provides support development and implementation of energy performance contract projects to facility owners voluntarily participating in the program. In order to participate in the program, facility owners and energy services companies shall be subject to the provisions of this article and rules adopted pursuant to this article.
9
‑
12
‑
1203
37
‑
5
‑
703
.
Energy performance contracting.
(a)
Upon receipt of a request from a facility owner, the Wyoming
business council
energy authority
shall provide the facility owner with a list of energy service companies interested in providing services to the facility owner and qualified by the Wyoming
business council
energy authority
to participate in the Wyoming energy conservation improvement program.
(b)
The energy services company participating in the Wyoming energy conservation improvement program shall provide an investment grade audit showing the estimated energy and operational cost savings that would result from the proposed energy conservation measures.
Before executing any contract or lease purchase agreement under subsection (c) of this section, the energy services company shall provide the facility owner with plans for the proposed energy conservation measures prepared by an engineer licensed to practice in Wyoming.
(c)
Notwithstanding W.S. 15
‑
1
‑
113 and subject to the provisions of subsection (e) of this section, a facility owner may enter into an installment payment contract or lease purchase agreement for an energy or water conservation measure which meets the criteria of this section.
Any documents related to negotiations entered into pursuant to this section with individual energy services companies by an agency or facility owner shall be considered trade secrets pursuant to the provisions of the Wyoming Public Records Act, W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205.
After a contract has been executed by an agency, the contract and all proposals from energy service companies shall be open records available for public inspection in accordance with the Wyoming Public Records Act.
(d)
Energy performance contracts entered into pursuant to the Wyoming energy conservation improvement program shall require the energy services company to provide to the facility owner an annual reconciliation of the guaranteed energy savings. If the reconciliation reveals a shortfall in annual energy savings, the energy services company shall be liable for compensation to the facility owner for such shortfall under the provisions of the energy performance contract. If the reconciliation reveals an excess in annual energy savings, the excess savings shall be retained by the facility owner and shall not be used to cover potential energy savings shortages in subsequent contract years.
(e)
An energy performance contract entered into pursuant to the Wyoming energy conservation improvement program may provide for financing, including tax exempt financing, by a third party.
The contract for third party financing may be separate from the energy performance contract.
A separate contract for third party financing shall include a provision that the third party financier shall not be granted rights or privileges that exceed the rights and privileges available to the energy services company.
(f)
The Wyoming
business council
energy authority
may provide support under the Wyoming energy conservation improvement program as requested by facility owners for purposes of this section.
The
Wyoming business council state energy office
authority
may fix, charge and collect reasonable fees for any administrative support and resources or other services provided by the
Wyoming business council
authority
pursuant to this subsection.
(g)
If the facility owner fails to appropriate or receive an appropriation of money for a periodic payment due for improvements made through an energy performance contract, any security interest in any property created pursuant to the energy performance contract, may be enforced by the holder of such a security interest against the property.
(h)
The term of an energy performance contract shall not exceed twenty (20) years after the date on which the work required by the energy performance contract to implement all energy conservation measures is completed.
(j)
The Wyoming
business council
energy authority
shall submit to the joint minerals, business and economic development interim committee by October 1, an annual report on the energy performance contracting performed under the Wyoming energy conservation improvement program.
The report shall include the number of applications submitted, the number of facility owners, the number of energy performance contracts, the results of the investment grade energy audits and the results of the energy performance contracts.
ARTICLE 8
WYOMING MINERALS TO VALUE ADDED PRODUCTS PROGRAM
9
‑
20
‑
101
37
‑
5
‑
801
.
Definitions.
(a)
As used in this
article
act
:
(i)
"Account" means the minerals to value added product program account created pursuant to W.S.
9
‑
20
‑
104(a)
37
‑
5
‑
804(a)
;
(ii)
"Minerals to value added products facility" includes a commercial scale mineral to liquid fuels or other value added products facilities but shall not include any facility which will derive fifty percent (50%) or more of its anticipated revenues from the generation of electricity;
(iii)
"Program" means the minerals to value added products program created pursuant to W.S.
9
‑
20
‑
102(a)
37
‑
5
‑
802(a)
;
(iv)
"Tolling fee" means a negotiated fee for the conversion of a feedstock mineral provided by the state of Wyoming under a contract with the operator of a value added facility;
(v)
"This act" means W.S.
9
‑
20
‑
101
37
‑
5
‑
801
through
9
‑
20
‑
104
37
‑
5
‑
804
.
9
‑
20
‑
102
37
‑
5
‑
802
.
Wyoming mineral to value added product program; rulemaking authority.
(a)
There is created the Wyoming minerals to value added products program. The program is intended to aid economic development of the state by providing mineral product input guarantees to enable the recruitment and operation of commercial scale minerals to value added products facilities, which have demonstrated proof of performance.
(b)
The Wyoming
business council
energy authority
shall establish and administer the program under this act.
Any commercial scale minerals to value added products facility shall submit a proposal to the governor.
The governor may provide recommendations for the size and parameters of the proposed contract.
An application to participate in the program shall then be submitted to and reviewed by the Wyoming
business council under the process set forth in W.S. 9
‑
12
‑
601 through 9
‑
12
‑
603
energy authority board
.
The application shall be submitted on forms prescribed by, and subject to rules promulgated by, the Wyoming
business council
energy authority
.
In determining whether to recommend a contract for approval, the
Wyoming business council
authority
shall consider if the applicant has demonstrated a business plan, balance sheet, sufficient cash flow, commitments to sell the finished product and other indices necessary to demonstrate the applicant's ability to perform under the contract as determined by rule
and regulation
of the
Wyoming business council
authority
.
(c)
The Wyoming
business council
energy authority
shall provide recommendations for terms and conditions contained in a proposed contract.
The
Wyoming business council's
authority's
recommendations shall be forwarded to the state loan and investment board for final consideration of the application.
(d)
After an application to participate in the program is approved by the state loan and investment board, the Wyoming
business council
authority
may complete negotiations to contract to supply not more than twenty percent (20%) of the expected mineral supply to the facility for the duration of the contract. Total contract amounts for any one (1) facility shall be set by rule of the state loan and investment board based on the provisions of this act and the expected return to the state of Wyoming, but in no event shall a contract exceed fifty million dollars ($50,000,000.00).
(e)
All complete applications to participate in the minerals to value added products program established under this act which conform to the criteria established by this act and rules and regulations promulgated hereunder, shall be considered. The Wyoming
business council
energy authority
shall review the application and may communicate directly with the applicant. A determination by the state loan and investment board to approve or disapprove an application under this act is not appealable.
(f)
If the Wyoming
business council
energy authority
receives multiple applications to enter a contract under the program, consideration shall be given to whether the applicant has demonstrated a past record of producing jobs in Wyoming and whether the applicant has and is likely to maintain a nexus to the state of Wyoming.
9
‑
20
‑
103
37
‑
5
‑
803
.
Criteria and procedures for contracts.
(a)
In determining whether to recommend or approve a contract under this act, the Wyoming
business council
energy authority
and state loan and investment board shall consider if:
(i)
There are sufficient funds in the account to fully fund the contract and all other outstanding commitments to the account;
(ii)
The contract establishes the terms and conditions of the contract as required by this act, including, but not necessarily limited to:
(A)
The duration of the contract to provide feedstock minerals, including the end date for the contract;
(B)
Criteria to determine proof of performance on the part of the minerals to value added products facility prior to expenditure of funds by the state of Wyoming under the contract;
(C)
Tolling fees for the conversion of the state's feedstock to a value added product;
(D)
Procedures and mechanisms for the sale of the finished product produced under the contract and the deposit of the proceeds of those sales to the account as provided in W.S.
9
‑
20
‑
104
37
‑
5
‑
804
.
(b)
Contracts considered under this act shall be subject to the following procedures:
(i)
The proposed contract shall be submitted to the Wyoming
business council
energy authority
for review and determination
;
under the process set forth in W.S. 9
‑
12
‑
601 through 9
‑
12
‑
603;
(ii)
The Wyoming
business council's
energy authority's
recommendations shall be forwarded to the state loan and investment board for final consideration of the contract.
(c)
The Wyoming
business council
energy authority
shall only recommend, and the state loan and investment board shall only approve, entering into contracts under this act for minerals to value added products facility projects
which
that
meet the following minimum requirements:
(i)
Are anticipated to have a beneficial economic impact to the state of Wyoming and provide the following minimum public benefits:
(A)
The creation of a substantial expansion of permanent jobs in the county or counties in which the project will be located;
(B)
A substantial increase in the assessed valuation of the county or counties in which the projects will be located;
(C)
A substantial increase in the sales, property or other tax revenues to the county or counties where the project will be located;
(D)
Promotion of a stable, balanced and diversified economy; and
(E)
Private investment in the county or counties in buildings, equipment and direct project infrastructure of not less than three (3) times the amount of any contract.
(ii)
Provide adequate consideration for the state of Wyoming to enter the contract;
(iii)
The feedstock materials supplied under the contract shall have been produced substantially in Wyoming;
(iv)
The contract shall not create debt of the state of Wyoming beyond the current year's taxes;
(v)
The facility to which the feedstock materials is to be supplied has not previously been supplied with feedstock materials from a contract entered into under the program; and
(vi)
The terms of the contract are such that the state of Wyoming is likely to realize a positive return on its investment under the contract.
(d)
No contract shall be entered into under this act without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therewith.
(e)
The governor, Wyoming
business council
energy authority
or state loan and investment board is authorized to employ such experts as necessary to fully evaluate an application and negotiate the terms and conditions of a contract under this act.
If experts are retained, the cost for the experts shall be paid by the applicant.
(f)
The Wyoming
business council
energy authority
may contract with such experts as necessary to assist in the performance of its obligations under any contract entered into, including assistance with
feed stock
feedstock
purchases and the sale of value added products.
9
‑
20
‑
104
37
‑
5
‑
804
.
Wyoming mineral to value added product program account; purpose; creation; rulemaking.
(a)
There is created a minerals to value added products program account.
Funds in the account shall be used exclusively to promote minerals to value added products facilities as provided in this act.
(b)
Funds appropriated by the legislature for the program shall be deposited into the account. All funds in the account are continuously appropriated for contracts and other expenses authorized under this act. The total principal balance of outstanding contracts shall not exceed the amounts appropriated by the legislature plus revenues accrued and collected less any losses, currently available in the account.
(c)
Any unexpended balance in the account shall be invested by the state treasurer and the interest earned shall be credited to the account.
(d)
Revenues generated from any contract entered into under this act shall be deposited into the account and continuously appropriated to the Wyoming
business council
energy authority
to be expended solely for the purpose of administering this act and contracts authorized hereunder, except as provided in subsection (e) of this section.
(e)
The Wyoming
business council
energy authority
shall report by November 1 of each year to the joint appropriations committee and the joint minerals, business and economic development interim committee on the status and condition of the program and the account. The report required under this subsection, and all its contents, shall be a public record. In addition to factors listed in this subsection, the Wyoming
business council's
energy authority's
report shall include the account fund balance and anticipated potential expenditures, including contracts, under the program for the next three (3) fiscal years, respectively.
The joint appropriations committee shall then determine whether to introduce legislation to appropriate a portion, or all, of the funds in the account for purposes other than the program.
The report shall further include:
(i)
A review of rules adopted by the Wyoming
business council
energy authority
or state loan and investment board during the reporting period;
(ii)
The portfolio of contracts entered into under the program;
(iii)
A risk analysis of the portfolio;
(iv)
Any other relevant information as determined by the state loan and investment board or the Wyoming
business council
energy authority
.
Section 7.
W.S. 9
‑
2
‑
2018(e)(iii), 9
‑
2
‑
2610(a)(iv), 9
‑
12
‑
101 through 9
‑
12
‑
106, 9
‑
12
‑
108 through 9
‑
12
‑
308, 9
‑
12
‑
601 through 9
‑
12
‑
603, 9
‑
12
‑
801 through 9
‑
12
‑
804, 9
‑
12
‑
901 through 9
‑
12
‑
905, 9
‑
12
‑
1002(b), 9
‑
12
‑
1101 through 9
‑
12
‑
1105, 9
‑
12
‑
1301 through 9
‑
12
‑
1405, 26
‑
4
‑
103(m), 35
‑
12
‑
110(b)(xvi), 37
‑
5
‑
502(c)(ii)
and 41
‑
2
‑
117(a)(i)(J)(II) are repealed.
Section 8.
(a)
There is authorized two (2) full
‑
time positions for the state budget department for purposes of implementing this act. These positions shall be effective for the period beginning July 1, 2026 and ending June 30, 2028. It is the intent of the legislature that these full
‑
time positions be included in the standard budget of the state budget department for the immediately succeeding fiscal biennium.
(b)
There is appropriated two million dollars ($2,000,000.00) from the general fund to the state budget department for purposes of funding the full
‑
time positions authorized in subsection (a) of this section. This appropriation shall be for the period beginning July 1, 2026 and ending June 30, 2028. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2028. It is the intent of the legislature that the portions of this appropriation associated with ongoing expenses of the two (2) positions authorized in subsection (a) of this section be included in the standard budget of the state budget department for the immediately succeeding fiscal biennium.
Section 9.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2026
.
(b)
Sections 1 through 3 and 9 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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SF0065