H.B. No. 0051

Industrial siting impact payments.

 

Sponsored By:     Representative(s) Madden, Stubson and Throne and Senator(s) Case and Schiffer

 

AN ACT relating to impact assistance payments; revising duties of the department of environmental quality and industrial siting division as specified; revising industrial facility permit fees; revising how impact assistance payment amounts are calculated; providing rulemaking authority; repealing conflicting provisions; providing applicability; providing an appropriation; and providing for an effective date.

 

2/7/2012    Bill Number Assigned

2/13/2012   H Received for Introduction

2/15/2012   H Introduced and Referred to H03

 

ROLL CALL

Ayes:  Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Esquibel, K., Freeman, Gay, Gingery, Goggles, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas, B., Patton, Peasley, Pedersen, Petersen, Petroff, Quarberg, Reeder, Roscoe, Semlek, Steward, Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 60    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/17/2012   H03 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Blikre, Campbell, Childers, Goggles, Madden, Miller, Petersen, Semlek and Vranish

Ayes 9    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/17/2012   H Placed on General File

2/17/2012   H Rereferred to H02

2/20/2012   H02 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Berger, Edmonds, Esquibel, K., Harshman, Pedersen, Steward and Wallis

Ayes 7    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/20/2012   H Placed on General File

 

HB0051HS001/ADOPTED

Page 1-line 1           After "payments;" insert "revising duties of the department of environmental quality and industrial siting division as specified; revising industrial facility permit fees;".

Page 1-line 8           After "W.S." insert "35‑12‑105(c), 35‑12‑109(b),".

Page 1-after line 9     Insert:

"35‑12‑105.  Appointment and duties of administrator; staff; rules and regulations.

(c)  The director, administrator and the staff of the division are authorized to the extent possible, at the request of local governments, to provide technical assistance to local governments in the preparation of anticipated impacts related to a proposed project consistent with W.S. 39‑15‑111(c) and (d) and W.S. 39‑16‑111(d) and (e) and negotiation of agreements with applicants as provided for in W.S. 35‑12‑107 and 35‑12‑113(a)(vi).

35‑12‑109.  Application for permit; form; fee; financial accounting.

(b)  At the time of filing an application or a written request for a waiver of the application provisions of this chapter as provided in W.S. 35‑12‑107, or as subsequently required by the director, an applicant shall pay a fee to be determined by the director based upon the estimated cost of investigating, reviewing, processing and serving notice of an application, holding a hearing in case of a request for waiver, inspection and compliance activities and processing application update requests. The fee shall be credited to a separate account and shall be used by the division as required to investigate, review, process and serve notice of the application, to hold a hearing in case of a request for waiver and to pay the reasonable costs of any meeting or hearing associated with permit compliance.  Unused fees shall be refunded to the applicant. The maximum fee chargeable shall not exceed one-half of one percent (0.5%) of the estimated construction cost of the facility or one hundred thousand dollars ($100,000.00) one hundred twenty-five thousand dollars ($125,000.00), whichever is less."  CHILDERS, CHAIRMAN

 

HB0051HS002/ADOPTED

Page 1-line 3           After "provisions;" insert "providing an appropriation;".

Page 9-After line 8     Insert:

      "Section 3.  There is appropriated forty thousand dollars ($40,000.00) from the general fund to the department of environmental quality, industrial siting division to contract with a consultant for the purpose of assisting with the timely development of the criteria to be used by the industrial siting council in making impact assistance decisions pursuant to this act. This is a one-time appropriation, and shall not be included in the department's 2015-16 standard budget request.".

Page 9-line 10          Delete "3" insert "4"BERGER, CHAIRMAN

 

2/23/2012   H Passed CoW

2/24/2012   H Passed 2nd Reading

 

HB0051H3001/ADOPTED  (CORRECTED COPY)

Page 1-line 3           After "provisions;" insert "providing applicability".

Page 2-line 24          After "provide" delete balance of the line.

Page 3-lines 1 through 11 Delete entirely.

Page 3-line 12          Delete "facility." insert "evidence at the public hearing held pursuant to W.S. 35‑12‑110(f)(i) of the mitigated and unmitigated impacts that the construction will have on the counties, cities and towns determined by the industrial siting council to be affected by the construction of the industrial facility.  The industrial siting council shall review the evidence of the impacts and determine, applying a preponderance of evidence standard, the dollar amount of the unmitigated impacts.  The council shall state in the order issued under W.S. 35‑12‑113(a), the total dollar amount of the impact assistance payment and the reasons for determining that amount. The impact assistance payment shall be distributed by the state treasurer in an amount and on a schedule determined by the council, based on evidence presented at the hearing.  Under no circumstances shall the impact assistance payment exceed two and seventy-six one-hundredths percent (2.76%) of the total estimated material costs of the facility, as those costs are determined by the council.".

Page 6-line 22          After "provide" delete balance of the line.

Page 6-lines 23 and 24        Delete entirely.

Page 7-lines 1 through 9      Delete entirely.

Page 7-line 10          Delete "facility." insert "evidence at the public hearing held pursuant to W.S. 35‑12‑110(f)(i) of the mitigated and unmitigated impacts that the construction will have on the counties, cities and towns determined by the industrial siting council to be affected by the construction of the industrial facility.  The industrial siting council shall review the evidence of the impacts and determine, applying a preponderance of evidence standard, the dollar amount of the unmitigated impacts.  The council shall state in the order issued under W.S. 35‑12‑113(a), the total dollar amount of the impact assistance payment and the reasons for determining that amount. The impact assistance payment shall be distributed by the state treasurer in an amount and on a schedule determined by the council, based on evidence presented at the hearing.  Under no circumstances shall the impact assistance payment exceed two and seventy-six one-hundredths percent (2.76%) of the total estimated material costs of the facility, as those costs are determined by the council.".

Page 9-After line 9 insert and renumber:

Section 3.  This act shall only apply to permits submitted to the council on or after the effective date of this act.  The impact assistance payment for industrial facilities which are not subject to this act shall be determined on the basis of the law as it existed prior to the adoption of this act.". 

Page 9-line 19          Delete "3." insert "4.".  MADDEN

 

2/27/2012   H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Esquibel, K., Freeman, Gay, Gingery, Goggles, Greear, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Patton, Peasley, Pedersen, Petersen, Petroff, Quarberg, Reeder, Roscoe, Semlek, Steward, Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays:  Representative(s) Nicholas, B.

Ayes 59    Nays 1    Excused 0    Absent 0    Conflicts 0

 

2/28/2012   S Received for Introduction

2/28/2012   S Introduced and Referred to S03

3/1/2012    S03 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Senator(s) Case, Emerich and Hines

Nays:  Senator(s) Perkins

Excused:  Senator(s) Barnard

Ayes 3    Nays 1    Excused 1    Absent 0    Conflicts 0

 

3/1/2012    S Placed on General File

3/1/2012    S Rereferred to S02

3/2/2012    S02 Recommended Do Pass

 

ROLL CALL

Ayes:  Senator(s) Hastert, Meier, Nicholas, P., Peterson and Von Flatern

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

3/2/2012    S Placed on General File

 

HB0051SS001/ADOPTED  (TO ENGROSSED COPY)

Page 4-line 19          After "35‑12‑110(f)(i)" insert "or 35‑12‑107(g)".

Page 5-line 3           Delete "order" insert "decision".

Page 6-line 1           After "cause" insert ", provided that the adjustment shall have no effect on the permittee".

Page 8-line 23          After "35‑12‑110(f)(i)" insert "or 35‑12‑107(g)".

Page 9-line 7           Delete "order" insert "decision".  HINES, CHAIRMAN

 

HB0051SW001/ADOPTED  (TO ENGROSSED COPY)

Page 4-line 17          After "counties" insert ", cities and towns".

Page 8-line 21          After "counties" insert ", cities and towns".  PERKINS

 

HB0051SW002/FAILED  (TO ENGROSSED COPY)

Page 5-line 11          After "facility" delete balance of line and insert "not exempt from excise tax under W.S. 39‑15‑103 as".

Page 9-line 15          After "facility" delete balance of line and insert "not exempt from excise tax under W.S. 39‑16‑103 as".  PERKINS

 

3/5/2012    S Passed CoW

 

ROLL CALL

Ayes:  Senator(s) Anderson, Burns, Case, Cooper, Dockstader, Driskill, Emerich, Geis, Hicks, Hines, Johnson, Meier, Nutting, Peterson, Schiffer and Scott

Nays:  Senator(s) Barnard, Bebout, Christensen, Coe, Esquibel, F., Hastert, Jennings, Landen, Martin, Nicholas, P., Perkins, Ross, Rothfuss and Von Flatern

Ayes 16    Nays 14    Excused 0    Absent 0    Conflicts 0

 

HB0051S2001/ADOPTED  (TO ENGROSSED COPY)

Page 5-line 9           Delete "two and seventy-".

Page 5-line 10          Delete "six one-hundredths percent (2.76%)" insert "one and thirty-eight one-hundredths percent (1.38%)".

Page 9-line 13          Delete "two and seventy-".

Page 9-line 14          Delete "six one-hundredths percent (2.76%)" insert "one and thirty-eight one-hundredths percent (1.38%)".  SCHIFFER

 

HB0051S2002.01/FAILED  (CORRECTED COPY)  (TO ENGROSSED COPY)

Page 5-line 5           After "amount." insert "Prior to any decision or distribution under this subsection, the council shall provide the information received to the state loan and investment board.  The state loan and investment board shall review the information and determine if any impact assistance payment distribution is required or if there are existing funds within the counties, cities and towns to address the impacts.  No distribution shall be made under this subsection unless approved by the state loan and investment board.".

Page 6-line 22          After "ratio." insert "No funds distributed under this subsection shall be used to supplant existing funds in the county, city or town which are available to address impacts from the industrial facility.".

Page 9-line 9           After "amount." insert "Prior to any decision or distribution under this subsection, the council shall provide the information received to the state loan and investment board.  The state loan and investment board shall review the information and determine if any impact assistance payment distribution is required or if there are existing funds within the counties, cities and towns to address the impacts.  No distribution shall be made under this subsection unless approved by the state loan and investment board.".

Page 10-line 18         After "ratio." insert "No funds distributed under this subsection shall be used to supplant existing funds in the county, city or town which are available to address impacts from the industrial facility.".  MEIER

 

HB0051S2002.02/FAILED  (CORRECTED COPY)  (TO ENGROSSED COPY)

Page 5-line 12          After "council." insert "Under no circumstances shall any one (1) county, city or town receive impact assistance payments in excess of one million dollars ($1,000,000.00) in any calendar year.".

Page 9-line 16          After "council." insert "Under no circumstances shall any one (1) county, city or town receive impact assistance payments in excess of one million dollars ($1,000,000.00) in any calendar year.". MEIER

 

HB0051S2003/ADOPTED  (TO ENGROSSED COPY)

Page 1-line 6           After "authority;" insert "requiring a report;".

Page 6-line 24          After "subsection." insert "Not later than December 1 of each year, the industrial siting council shall report to the joint appropriations interim committee on all funds requested and distributed under this subsection.".

Page 10-line 20         After "subsection." insert "Not later than December 1 of each year, the industrial siting council shall report to the joint appropriations interim committee on all funds requested and distributed under this subsection.".  MEIER

 

ROLL CALL

Ayes:  Senator(s) Bebout, Coe, Driskill, Emerich, Geis, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Schiffer and Von Flatern

Nays:  Senator(s) Anderson, Barnard, Burns, Case, Christensen, Cooper, Dockstader, Esquibel, F., Hastert, Hicks, Hines, Jennings, Martin, Rothfuss and Scott

Excused:  Senator(s) Johnson

Ayes 14    Nays 15    Excused 1    Absent 0    Conflicts 0

 

3/6/2012    S Passed 2nd Reading

3/7/2012    S Laid Back Pursuant to SR 10-4(a)

3/7/2012    S Failed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, Burns, Case, Driskill, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Meier, Nicholas, P., Peterson, Schiffer and Scott

Nays:  Senator(s) Barnard, Bebout, Christensen, Coe, Cooper, Dockstader, Emerich, Jennings, Landen, Martin, Nutting, Perkins, Ross, Rothfuss and Von Flatern

Ayes 15    Nays 15    Excused 0    Absent 0    Conflicts 0