Committee Meeting Information

November 19 and 20, 2008

Game and Fish Building

Casper, Wyoming

 

Committee Members Present

Senator Grant C. Larson, Co-Chairman

Representative Thomas A. Lockhart, Co-Chairman

Senator Eli Bebout

Senator Stan Cooper

Representative Bob Brechtel

Representative Amy Edmonds (Wednesday only)

Representative Floyd Esquibel

Representative Debbie Hammons

Representative Elaine Harvey

Representative Saundra Meyer (Wednesday only)

Representative Lorraine Quarberg

Representative William "Jeb" Steward

 

Committee Members Absent

Senator Bob Fecht

Senator Bill Vasey

 

Legislative Service Office Staff

Maxine Weaver, Staff Attorney

 

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

Call To Order (November 19, 2008)

Co-Chairman Lockhart called the meeting to order at 8:00 a.m.  Representative Brechtel moved to accept the minutes of the September meeting and Representative Esquibel seconded the motion.  The motion passed and the minutes were approved.  Senator Schiffer and Representative Childers were introduced as they came into the meeting.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee Meeting Agenda. 

 

Executive Summary

The Committee heard from the Governor's Office, the Business Council, the Department of Environmental Quality, the Banking Commission, the Department of Workforce Services, the Public Service Commission, the University of Wyoming and the State Engineer.

 

The Committee accepted reports and passed bills on the clean coal task force, the community facilities program, the workforce housing program, pipeline inspection and safety, industry partnership and mortgage loan originators.

 

The Committee will not consider bills on the community enhancement program, energy performance contracting, environmental quality council membership and tax incentives for clean coal facilities. 

 

University of Wyoming - Clean Coal Technologies

Rick Miller, Vice President Governmental, Community & Legal Affairs and Mark Northam, Director of the School of Energy Resources with the University of Wyoming (UW) submitted the final annual report on the School of Energy Resources [Appendix 3].  The report was accepted.

 

Mr. Miller briefed the Committee on the changes since the last meeting to the draft bill 09LSO-0070.W7 – Clean coal task force [Appendix 4] and offered an amendment [Appendix 5].  Representative Brechtel moved the bill including the Miller amendment.  Representative Meyer seconded the motion.  Co-Chairman Larson moved on page 4-line 19 to change "nonstate" to "non state of Wyoming public funds".  Representative Esquibel seconded the motion and the amendment passed.

 

The bill passed 12-2 with Senators Fecht and Vasey absent.

 

Mr. Northam presented the University of Wyoming's plan to develop a uranium center [Appendix 6].  Co-Chairman Larson moved to draft a letter to the Governor in support of the uranium center.  Representative Brechtel seconded the motion and the motion passed.

 

Co-Chairman Lockhart explained the response letter from the Nuclear Regulatory Commission [Appendix 7].  Mr. Miller and Mr. Northam described the High Plains Gasification Advanced Technology Center [Appendix 8].  Mr. Northam, Dennis Stickley, Visiting Professor at UW College of Law and Mark Doelger, Chairman, Wyoming Pipeline Authority discussed the conference on Wyoming pipelines [Appendix 9]. 

 

Clean Coal Technologies

Jon Doyle, Chief Executive, Medicine Bow Fuel and Power and Larry Wolfe representing Medicine Bow Fuel and Power, provided background for their bills [Appendices 10 and 11].  The Equality Policy Center submitted comments to the Committee [Appendix 12].  Mr. Wolfe and Mr. Doyle presented proposed bills 09LSO-0262.W3 – Clean coal facility-tax exemption, 09LSO-0263.W3 – Clean coal facility-coal taxation and 09LSO-0264.W1 – Clean coal facility-sales and use taxes [Appendices 13 through 15].  Following discussion, no motion was made on any of these bills and no vote was taken on any of these bills.

 

Energy Sources and Generation

Ryan Lance, Deputy Chief of Staff to the Governor and Rob Hurless, Energy and Telecommunications Advisor to the Governor's Office reported on the state and local governments and the application of the National Environmental Policy Act [Appendix 16].  Mr. Hurless updated the Committee on the GE project, pipeline projects and the cap and trade proposal. 

Shannon Anderson with the Powder River Basin Resource Council offered comments regarding tax breaks for coal  [Appendix 17]. 

 

Carbon Sequestration

Senator Perkins provided a summary on the status of the carbon sequestration bills being considered by the Joint Judiciary Interim Committee.

 

Wyoming Business Council

Mark Willis, Chief Operating Officer with the Wyoming Business Council presented Report # 205 & 228 [Appendix 18] on the effectiveness of bond investments.  Mary Randolph, Executive Director of the Wyoming Main Street Program submitted her annual Report #413 [Appendix 19].  Mr. Willis and Dan Noble, Administrator of the Excise Tax Division with the Department of Revenue explained Reports #354 on manufacturing equipment, #482 on coal gasification and #597 on railroad rolling stock [Appendices 20 through 22].  All the reports were accepted.

 

Shawn Reese, Director of the Investment Ready Communities Division with the Wyoming Business Council, reviewed proposed legislation 09LSO-0065.W5 – Energy performance contracting  [Appendix 23].  The Powder River Basin Resource Council submitted a letter in opposition to this bill [Appendix 24].  George Parks with the Wyoming Association of Municipalities expressed concerns regarding potential conflicts with this bill.  Following discussion, no motion was made on the bill and no vote was taken.

 

Mr. Reese discussed proposed legislation 09LSO-0108.W3 - Wyoming community facilities program [Appendices 25 and 26].  Representative Harvey moved the bill seconded by Representative Quarberg.  Representative Hammons moved on page 3-lines 10 and 11 to delete the new language.  Representative Esquibel seconded the motion and the amendment passed.  Senator Bebout moved on page 3-line 17 through page 4-line 6 to delete section 2.  Representative Edmonds seconded the motion and the amendment passed.

 

The bill passed 10-2-2 with Representatives Brechtel and Edmonds voting no and Senators Fecht and Vasey absent.

 

Mr. Reese asked that draft bill 09LSO-0109.W4 – Wyoming community enhancement program [Appendix 27] be withdrawn, so no motion was taken on this bill and no vote was taken.

 

Work Force Housing

Mr. Reese and David Haney, Executive Director of the Wyoming Community Development Authority described the changes on the draft bill 09LSO-0060.W5 - Workforce housing program [Appendices 28 through 30].  Senator Bebout moved the bill seconded by Representative Quarberg.  Co-Chairman Larson moved on page 6 to delete lines 1 through 7.  The motion was seconded and the amendment passed.  Senator Bebout moved on page 16 to delete lines 30 and 31 and on page 17 to delete lines 1 through 4.  Representative Hammons seconded the motion.  The amendment failed.

 

The bill passed 10-2-2 with Representatives Edmonds and Hammons voting no and with Senators Fecht and Vasey absent.

 

Update on Federal Mortgage Bailout

Mr. Haney updated the Committee on the effects of the federal bailout on the Wyoming Community Development Authority program [Appendix 31]. 

 

Department of Environmental Quality – Environmental Quality Council

John Corra, Director of the Department of Environmental Quality presented report #232 on the Underground storage tanks [Appendix 32].  The report was accepted.

 

Mr. Corra and Jim Ruby, Director of the Environmental Quality Council, described proposed legislation 09LSO-0266.W2 – Environmental quality council-membership [Appendices 33 and 34].  Representative Childers, Marion Loomis, Executive Director of the Wyoming Mining Association, Brett Moline with the Wyoming Farm Bureau Federation, Margo Sabec with Devon Energy and Bruce Hinchey and John Robitaille with the Petroleum Association of Wyoming expressed concerns about the bill. 

 

Representative Esquibel moved the bill.  The motion died for lack of a second.  No vote was taken on the bill.

 

Department of Environmental Quality – Carbon Sequestration

Mr. Corra and Mr. Ruby submitted report #638 on carbon sequestration [Appendix 35] and the report was accepted.

 

Department of Environmental Quality – Landfill Risk Assessment and Monitoring

Mike McDonald, Vice Chairman of the Fremont County Solid Waste Board, Dale Groutage and Mr. Johnson with Inberg-Miller briefed the Committee on their economic analysis [Appendices 36 and 37].  Mr. Corra explained United States Environmental Protection Agency requirements.  Representative Childers expressed concerns from Park County. 

 

Meeting Recess

The Committee recessed at 6:00 pm.

 

Call To Order (November 20, 2008)

Co-Chairman Larson called the meeting back to order at 8:05 a.m. 

 

Reports

Mike Geesey, Director of the Wyoming Department of Audit presented Report #589 on subpoena investigations [Appendix 38] and Report #591 on audit investigations [Appendix 39].  The reports were accepted.

 

Wyoming Banking Commission

Jeff Vogel, Banking Commissioner and Joe Mulberry Deputy Commissioner provided an update on the subprime loans and lending impacts on Wyoming.  Mr. Vogel, Mr. Mulberry and Marlene Atchison, Licensing Supervisor, described their draft bill – 09LSO- 0299.W3 – Mortgage loan originators [Appendices 40 through 42]. 

 

Co-Chairman Lockhart moved the bill seconded by Representative Hammons.  Senator Bebout moved the amendments from the Banking Commissioner [Appendix 43].  Co-Chairman Lockhart seconded the motion and the amendment passed.

 

The bill passed 10-4 with Senators Fecht and Vasey and Representatives Edmonds and Meyer absent.

 

Workforce Training, Development and Recruitment

Joan Evans, Director and Jeremiah Rieman, Policy Analyst with the Department of Workforce Services reviewed their proposed bill 09LSO-0061.W7 - Industry Partnership Act [Appendices 44 through 47].  Representative Steward moved the bill seconded by Representative Quarberg.  Senator Bebout moved on page 6-line 20 to delete "learning" and insert "training".  Representative Quarberg seconded the motion and the amendment passed.  Senator Bebout moved on page 9-line 21 to change "25%" to "50%".  The motion was seconded and the amendment passed.

 

Representative Quarberg moved on page 4 to delete lines 9-13; page 4 lines 17 and 18 to delete "identified by the department in conjunction with the council,"; and page 5 to delete lines 11-13.  Following a second the amendment failed.

 

Representative Quarberg moved on page 10 to delete lines 1-9 and page 10-line 12 to insert "identify or" before "implement".  Representative Hammons seconded the motion and the amendment passed.  Representative Esquibel moved on page 7-line 10 after "incarcerated" to insert "or are scheduled to be released from incarceration".  Following a second, the amendment failed.

 

Senator Cooper moved on page 10-line 16 after "purchase" to insert ", lease or repair"; after construction to insert ", but may include textbooks or manuals".  Following a second, the amendment passed.  Representative Hammons moved on page 7-line 8 to delete "including" and after "disadvantaged," to insert "women,".  After a second, the amendment passed.

 

Co-Chairman Lockhart moved to fund the program at 12.5% of the original amount.  Following a second and discussion, the amendment failed.  Senator Bebout moved option 2, seconded by Representative Hammons.  A friendly amendment by Co-Chairman Larson was allowed to round the amendment to four million dollars ($4,000,000.00).  Following discussion, the amendment passed.  Senator Bebout moved on page 14 lines 5 through 7 to delete the inclusion in the standard budget.  Representative Quarberg seconded the motion and the amendment passed.

 

The bill passed 8-2-4 with Co-Chairman Lockhart and Representative Brechtel voting no and with Senators Fecht and Vasey and Representatives Edmonds and Meyer absent.

 

Coalbed Methane Discharge

Pat Tyrrell, State Engineer explained the draft bill 09LSO-0026.C1 – Discharged water management being sponsored by the Joint Agriculture, State and Public Lands and Water Resources Interim Committee [Appendices 48 and 49]. 

 

Public Service Commission

Kathleen Lewis, Public Service Commission Chairman and Dave Piroutek, Engineering Supervisor presented their draft bill 09LSO-0110.W5 - Pipeline inspection and safety [Appendices 50 and 51].  Senator Bebout moved the bill seconded by Representative Esquibel.  Following discussion with no amendments, the bill passed 9-1-4 with Representative Brechtel voting no and with Senators Fecht and Vasey and Representatives Edmonds and Meyer absent.

 

Reports

A full list of reports due to the Committee is included as Appendix 52.

 

Meeting Adjournment

There being no further business, Co-Chairman Larson adjourned the meeting at 12:25 p.m. 

 

Respectfully submitted,

 

 

Representative Thomas A. Lockhart, Co-Chairman

 

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Committee Sign-In Sheet		Lists meeting attendees		Legislative Service Office (LSO)
2		Committee Meeting Agenda		Provides an outline of the topics the Committee addressed at the meeting		LSO
3		University of Wyoming		Report #537 – School of Energy Resources		University of Wyoming
4		Clean Coal Technologies		09LSO-0070.W7 – Clean coal task force.		LSO
5		Clean Coal Technologies		Proposed Amendment to 09LSO-0070.W7		LSO
6		University of Wyoming		Plan to Develop a Uranium Research Center		University of Wyoming
7		University of Wyoming		November 3, 2008 Letter from Nuclear Regulatory Commission		LSO
8		University of Wyoming		High Plains Gasification Advance Technology Center		University of Wyoming
9		Comments from 2008 Conference		November 19, 2008 Comments on UW Conference on "Wyoming Pipelines:  The Territory Ahead"		University of Wyoming
10		Clean Coal Technologies		October 13, 2008 Memorandum		Medicine Bow Fuel & Power
11		Clean Coal Technologies		November 19, 2008 Testimony		Medicine Bow Fuel & Power
12		Clean Coal Technologies		Memorandum		Equality State Policy Center
13		Clean Coal Technologies		09LSO-0262.W3 – Clean coal facility-tax exemption.		LSO
14		Clean Coal Technologies		09LSO-0263.W3 – Clean coal facility-coal taxation.		LSO
15		Clean Coal Technologies		09LSO-0264.W1 – Clean coal facility-sales and use taxes.		LSO
16		Reports		Report #613 – Application of National Environmental Policy Act		Governor’s Office
17		Clean Coal Technologies		Why Tax Breaks for Coal are a Bad Bet for Wyoming's Economy		Powder River Basin Resource Council
18		Reports		Report #205 & 228 – Effectiveness of Investment in Industrial Development Bonds		WBC & Treasurer
19		Reports		Report #413 – Wyoming Main Street Annual Report		WBC
20		Reports		Report #354 – Tax Exemptions for Manufacturing Equipment		WBC & Revenue
21		Reports		Report #482 – Tax Exemptions for Coal Gasification and Liquefaction		WBC& Revenue
22		Reports		Report #597 – Effects of the Sales and Use Tax Exemption for Railroad Rolling Stock		WBC & Revenue
23		Wyoming Business Council (WBC)		09LSO-0065.W5 – Energy performance contracting.		LSO
24		WBC		September 4, 2008 Letter		Powder River Basin Resource Council
25		WBC		WBC Commentary on 09LSO-0108 and 09LSO-0109		WBC
26		WBC		09LSO-0108.W3 - Wyoming community facilities program.		LSO
27		WBC		09LSO-0109.W4 – Wyoming community enhancement program.		LSO
28		WBC		WBC Discussion on 09LSO-00608		WBC
29		WBC		September 8, 2008 Memorandum		LSO
30		WBC		09LSO-0060.W5 - Workforce housing program.		LSO
31		Update on Federal Mortgage Bailout		Packet		Wyoming Community Development Authority
32		Department of Environmental Quality (DEQ)		Report #232 – Underground Storage Tanks		DEQ
33		DEQ - EQC		November 12, 2008 Memorandum		DEQ
34		DEQ – EQC		09LSO-0266.W2 – Environmental quality council-membership.		LSO
35		DEQ		Report #638 – Carbon Sequestration		DEQ, and Oil and Gas Conservation Commission
36		DEQ Landfill		October 24, 2008 Economic Analysis		Fremont County Solid Waste Disposal District
37		DEQ Landfill		November 2008 Economic Analysis		Fremont County Solid Waste Disposal District
38		Reports		Report #589 – Audit Investigations		Department of Audit
39		Reports		Report # 591 – Audit Investigations		Department of Audit
40		Wyoming Banking Commission (Banking)		Fact Sheet - NCSL		Banking
41		Banking		Testimony Comments		Banking
42		Banking		09LSO- 0299.W3 – Mortgage loan originators.		LSO
43		Banking		Amendment to 09LSO- 0299.W3 – Mortgage loan originators.		Banking
44		Workforce Training, Development and Recruitment (WTDR)		Goals – Industry Partnership Act		Department of Workforce Services (DWS)
45		WTDR		Examples - Industry Partnership Act		DWS
46		WTDR		09LSO-0061.W7 – Wyoming Industry Partnership Act.		LSO
47		WTDR		Funding Options - Industry Partnership Act.		DWS
48		Coalbed Methane Discharge		Sample Pictures – CBM Discharges into Natural Channels		State Engineer
49		Coalbed Methane Discharge		09LSO-0026.C1 – Discharged water management.		LSO
50		Public Service Commission (PSC)		November 6, 2008 Letter		PSC
51		PSC		09LSO-0110.W5 - Pipeline inspection and safety.		LSO
52		Reports		November 5, 2008 Report Due List		LSO