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September 19, 2005
Wyoming Oil and Gas Conservation Commission Building
Casper, Wyoming
Senator Bill Hawks, Co-Chairman
Representative Thomas A. Lockhart, Co-Chairman
Senator Hank Coe
Senator Kit Jennings
Senator Charles Townsend
Senator Bill Vasey
Representative Bob Brechtel
Representative Floyd Esquibel
Representative Debbie Hammons
Representative Elaine Harvey
Representative Becket Hinckley
Representative Frank Latta
Representative Lorraine Quarberg
Representative Doug Samuelson
Maxine Weaver, Staff Attorney
Please refer to
Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
Co-Chairman Lockhart called the meeting to order at 8:00 a.m. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
The minutes from the June and July meetings were discussed.
Co-Chairman Hawks moved to accept the June 8, 2005 minutes. The motion was seconded by Senator Jennings and passed.
Senator Jennings moved to accept the July 25, 2005 minutes, seconded by Representative Quarberg. The motion passed.
Tom Buchanan, President and Bill Gern, Vice President for Research Economic Development, University of Wyoming discussed the construction of the Wyoming Business Technology Center [Appendix 3], explaining the construction is on schedule with an estimated completion date for next year. President Buchanan discussed the expected funding and leasing schedules and he extended an invitation to the Committee to view the construction whenever they are in Laramie.
Dr. Jon Benson, the new director for the Wyoming Business Technology Center, explained his approach in the community and his attempts to attract people and companies to the Business Technology Center.
Rick Miller, Vice President for Governmental, Community and Legal Affairs and Myron Allen, Vice President for Academic Affairs University of Wyoming, discussed the development and proposed structure of the School of Energy Resources [Appendices 4 and 5].
President Buchanan explained the University will again be offering a baccalaureate degree in petroleum engineering at the University. Currently, petroleum engineering degrees are offered at the post graduate level but not at the undergraduate level.
Co-Chairman Hawks moved – subject to the acceptance of the final version of the University plan and subject to the approval of the University Trustees - that the Co-Chairs write an enthusiastic letter of support to the Governor and the Joint Appropriations Committee and copy Management Council. Following a second by Senator Vasey, the motion passed.
Co-Chairman Lockhart recognized and introduced former congressman John Wold.
Bobbe Fitzhugh, spoke on behalf of the Citizens Advisory Group on Solid Wastes (CAG), the Wyoming Association of Municipalities (WAM) and the Wyoming County Commissioners Association (WCCA). Ms. Fitzhugh explained these groups are supportive of the entire bill in its current form, including both the planning and monitoring portions, that they prefer to keep the bill as one bill, they want to ensure adequate funding is tied to the bill, and they are comfortable with the advisory board making recommendations.
John Corra, Director and Dave Finley, Administrator of the Solid and Hazardous Waste Division, Department of Environmental Quality (DEQ), presented the draft bill – 06LSO114.W3 [Appendices 6 and 7].
Cynthia Langston, President, Wyoming Solid Waste and Recycling Association (WSWRA), stated one member of WSWRA has concerns about DEQ administering the grants rather than the State Land and Investment Board and general concerns about the administration of the bill [Appendices 8 and 9].
Fremont County Solid Waste Disposal District (FCSWDD) provided a handout with their concerns with the draft bill [Appendix 10].
Co-Chairman Hawks moved for the Committee to sponsor 06LSO-0114.W3 as a Committee bill as drafted. Representative Latta seconded the motion and the motion passed.
Representative Esquibel moved on Page 2-line 7 to delete "to occur" and insert "performed or initiated". After a second by Representative Hinckley, the motion passed.
Representative Samuelson moved on Page 2-line 17 to delete "of pollutants" and insert "liquid leachate or methane gas". After a second by Representative Hammons, the motion and second were withdrawn.
Senator Jennings moved on Page 2-line 17 that before "pollutants" to insert "subsurface". The motion was seconded and passed.
Representative Harvey moved on Page 2-line 20 that after "standard" to insert "that exist as of July 1, 2005". Representative Latta seconded the motion. The motion failed.
Senator Jennings moved on Page 3-line 4 that before "pollutants" to insert "subsurface". Senator Townsend seconded the motion and the motion passed.
Representative Quarberg moved on Page 4-line 20 that after "35-11-521," to delete balance of line and on Page 4-line 21 to delete the line through "section". After a second by Representative Hammons, the motion passed.
Representative Quarberg moved on Page 7-line 5 to delete "should" and insert "could". Representative Hinckley seconded the motion and the motion passed 7-6. LSO drafting note: "could" is not used in LSO drafting so "may" will be inserted instead.
Senator Coe asked that on Page 11-line 14 the statute citation be corrected to include the hyphens. LSO staff will correct the citation to include hyphens.
Senator Jennings moved on Page 12-line 23 to change the effective date from July 1, 2006 to immediately. Senator Townsend seconded the motion and the motion passed.
Representative Esquibel moved to add language to the bill so any grants awarded that have not been expended will not revert. Co-Chairman Lockhart directed LSO staff to draft language to address the issue of non-reverter of the funds.
The bill as amended passed the Committee 14-0.
Co-Chairman Lockhart explained that due to a lack of time, some people were not able to comment at this meeting, so the Committee will continue consideration of this bill at the next meeting. Appendices 8-10 were left for the Committee.
Co-Chairman Hawks called the meeting back to order after lunch at 1:00 p.m.
Steve Waddington, Executive Director, Wyoming Infrastructure Authority (WIA), Mark Doelger, Chairman and Bryan Hassler, Executive Director of the Wyoming Natural Gas Pipeline Authority (WPA), University of Wyoming Vice President Bill Gern and Richard Boardman, Idaho National Lab provided information regarding the benefits of adding value to Wyoming's coal resources [Appendices 11 and 12]. Their recommendations for the legislators were to aggressively promote Wyoming as the site for a federally funded clean coal demonstration project and to consider legislation to provide additional incentives for private sector development of value added technology in Wyoming.
Marion Loomis, Wyoming Mining Association, provided a white paper on value added legislation [Appendix 13] and a chart on tax incentives for industry [Appendix 14]. He encouraged the Committee to reconsider last year's bill on coal beneficiation.
Co-Chairman Lockhart provided the May 19, 2005 LSO research memorandum on coal gasification and liquefaction to the Committee [Appendix 15]. He asked the Committee if they would consider 2005 HB-272 [Appendix 16], changing "beneficiation" in the catch title to "value added", changing the sponsor to the Joint Minerals Committee and changing the effective date to "July 1, 2006".
Representative Latta moved for the Joint Minerals, Business and Economic Development Committee to sponsor the bill, seconded by Representative Brechtel. The motion passed.
Senator Jennings moved to change the effective date to immediately. After a second by Representative Latta, the motion passed.
The bill as amended passed the Committee 14-0.
Representative Latta moved to have the Co-chairmen work with this group and the Governor's office in moving this issue forward as quickly as possible. The motion was seconded by Representative Harvey and passed.
Delbert McOmie, Chief Engineer, Wyoming Department of Transportation (WYDOT) provided the Committee a draft of the Attorney General Opinion regarding eminent domain for acquiring utility corridors [Appendix 17] which would allow corridors to be purchased as long as they are not gifted to the utility. Mr. McOmie will get a copy of the final Attorney General Opinion to the Committee. Co-Chairman Hawks asked Mr. McOmie to convey his appreciation to Director Cox for the Director's openness to address this issue in an expeditious manner. Mr. McOmie then discussed the final rule changes to Chapter 9 and 10 [Appendix 18].
Mark Doelger, (WPA) expressed the WPA's support and encouragement of allowing pipeline corridors in highway rights-of-ways, particularly with the anticipated pressure for construction along the Interstate-80 corridor and the need to get pipelines permitted in a timely manner.
John Glode, Deputy Director and Brad Miskimins, Grant and Loan Program Manager with the Office of State Lands and Investments provided an update on a rule package before the State Land and Investment Board regarding the Community Facilities program.
Tucker Fagan, Chief Executive Officer, Shawn Reese, Steve Achter and Shannon Stanfil with the Wyoming Business Council (WBC) explained how their programs fits in with other grant programs and what the WBC does to help the communities through the process.
Mr. Fagan presented the draft bill – 06LSO117.W3 [Appendix 19]. Co-Chairman Hawks explained the September 15, 2005 memorandum from LSO staff [Appendix 20].
Senator Vasey moved a do pass on the draft bill, seconded by Representative Hammons. The motion passed.
Co-Chairman Lockhart moved on Page 2-line 16 to reinsert the stricken "landscaping" and to insert "related" before "landscaping". Representative Hammons seconded the motion and the motion passed.
Representative Harvey moved on Page 2-lines 16 and 17 to reinsert the stricken "recreational and convention facilities". Senator Jennings seconded the motion. The motion passed.
The bill as amended passed the Committee 12-2. Voting no were Co-Chairman Hawks and Senator Vasey.
Co-Chairman Hawks announced the next meeting of the Joint Minerals, Business and Economic Development Committee will be December 5, 2005 in Casper, Wyoming to discuss reports presented to the Committee [Appendices 21 and 22] and to finalize the Community Landfill bill. Any materials to be presented to the Committee must be submitted to the Committee no later than November 18, 2005.
There being no further business, Co-Chairman Hawks adjourned the meeting at 4:00 p.m.
Respectfully submitted,
Senator Bill Hawks, Co-Chairman Representative Thomas A. Lockhart, Co-Chairman