S.F. No. 0106

S.F. No. 0106

Projects funded by abandoned mine land funds.

Sponsored By: Joint Appropriations Interim Committee

AN ACT relating to projects funded with abandoned mine land funds; authorizing application for funds and modifications of applications; authorizing redirection of funds and appropriating funds for specified uses; combining abandoned mine land funds with previous appropriations for specified projects; specifying reversion date for funds; and providing for an effective date.

1/10/2013 Bill Number Assigned

1/11/2013 S Received for Introduction

1/14/2013 S Introduced and Referred to S02

1/21/2013 S02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Bebout, Dockstader, Hastert, Meier and Perkins

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/21/2013 S Placed on General File

SF0106SS001/ADOPTED

Page 3-after line 11 Insert: "(b) 2012 Wyoming Session Laws, Chapter 27, Section 1(c)(ii)(A) is repealed.".

Page 3-line 22 After "center" delete balance of line.

Page 3-lines 23 and 24 Delete.

Page 4-line 1 Delete "partnership project".

Page 5-lines 13 through 25 Delete and renumber.

Page 6-lines 1 through 3 Delete.

Page 6-line 5 Delete "(f)" insert "(e)"; delete "Section".

Page 6-line 6 Delete through "and".

Page 6-line 8 Delete "(g)" insert "(f)".

Page 6-after line 12 Insert and renumber:

"Section 3. [Gillette Madison Pipeline]

The legislature authorizes the department of environmental quality to submit new grant applications or modify existing grant applications to the federal office of surface mining to redirect thirty million dollars ($30,000,000.00) previously authorized by 2009 Wyoming Session Laws, Chapter 159, Section 339(c)(i), for the joint UW/GE clean coal partnership project. These funds shall be redirected to the Wyoming water development office for deposit to the Gillette Madison pipeline account established pursuant to W.S. 99‑3‑1405(a)(iv).".

Page 6-line 14 Delete "Section 3." insert "Section 4.".

Page 7-line 9 After "expenditure." insert "No funds authorized under this section shall be expended for salaries or benefits. No funds shall be disbursed under this section until a like amount of funds from nonstate sources are secured by the University of Wyoming as matching funds for the research project under this section.".

Page 7-line 11 Delete "Section 4." insert "Section 5.".

Page 8-line 8 Delete "Section 5." insert "Section 6.". BEBOUT

SF0106SW001/ADOPTED

Page 3-after line 11 After the Senate Standing Committee Amendment (SF0106SS001/A) to this line, insert and renumber:

"Section 2.

(a) 2012 Wyoming Session Laws, Chapter 27, Section 2(b)(vi)(C)(intro) and by creating new subdivisions (IV) through (VIII) is amended to read:

Section 2. [AML FUNDING – REDIRECTION OF PRIOR AUTHORIZATIONS]

(b) The grant applications submitted by the department to the federal office of surface mining shall seek authority to redirect the funds for the following projects:

(vi)(C) Nine million dollars ($9,000,000.00) to the governor's office for the purpose of supporting the design or construction ~~and operation~~ of a commercial scale facility which converts ~~minerals to value added products~~ natural gas to liquids. Applications for grants under this subparagraph shall be received by the clean coal task force. Grants authorized under this subparagraph shall be awarded by the governor after receiving the recommendation of the joint minerals, business and economic development interim committee in accordance with this section. Any grant supporting the construction shall only be expended for the development of final design documents for or actual cost to construct a commercial natural gas to liquids conversion facility. The governor may take all actions necessary to ensure the legality of an expenditure of any portion of this appropriation. No funds shall be expended from this appropriation to provide salaries. ~~No funds shall be expended from this appropriation without~~ The expenditure of this appropriation shall be subject to the following:

(I) A dollar for dollar match of funds not from the state of Wyoming;

(II) A signed written agreement between the ~~University~~ state of Wyoming ~~school of energy resources~~ and the grantee, providing that all data, information, studies and analysis produced with funds from this appropriation or matching funds involving the siting of a commercial scale ~~minerals to value added products~~ natural gas to liquids conversion facility shall be transferred to the state of Wyoming upon abandonment of the project by the grantee as directed by the governor;

(III) The governor may request a determination by the ~~clean coal~~ advanced conversion technologies task force and the joint minerals, business and economic development interim committee that the grant has a reasonable likelihood of leveraging a substantial future capital investment in a large plant siting in this state;. In the event of multiple grant requests, the task force shall consider and give weight 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.

(IV) The grantee shall have entered into a contract or option for the purchase or lease of real property on which the natural gas to liquids conversion facility is to be constructed and which is zoned to allow use of the property as a commercial facility;

(V) The facility shall have an anticipated construction cost of more than fifty million dollars ($50,000,00.00);

(VI) The proposed use of grant funds shall be reviewed by the attorney general and the attorney general shall first determine that the facility will be of substantial benefit to the public and that the use is lawful;

(VII) The governor may require as a condition to any grant that the grantee enter into a cooperative agreement with the Wyoming business council, Wyoming department of transportation, or a Wyoming county to oversee the expenditure of the grant funds;

(VIII) If the governor has received multiple applications for the grant funds before approval of any grant, the grant funds shall be allocated in the governor's sole determination between the grantees, giving weight 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. No determination by the governor under this section is appealable.".

Page 3-line 13 Delete "2" insert "3".

Page 6-after line 12 In the Senate Standing Committee Amendment (SF0106SS001/A) to this line, delete "3" insert "4".

Page 6-line 14 In the Senate Standing Committee Amendment (SF0106SS001/A) to this line, delete "4" insert "5".

Page 7-line 11 In the Senate Standing Committee Amendment (SF0106SS001/A) to this line, delete "5" insert "6".

Page 8-line 8 In the Senate Standing Committee Amendment (SF0106SS001/A) to this line, delete "6" insert "7". BEBOUT

1/25/2013 S Passed CoW

SF0106S2001/ADOPTED

Page 3–line 18 Delete "eight million nine hundred fifty".

Page 3–line 19 Delete "thousand dollars ($8,950,000.00)" and insert "eleven million nine hundred fifty thousand dollars ($11,950,000.00)".

Page 5–after line 12 After the Senate Standing Committee Amendment (SF0106SS001/A) to this line, insert and renumber:

"(g) Up to three million dollars ($3,000,000.00) from the account for the purposes of construction of an engineering building at the university of Wyoming in this section shall only be expended for endowments at the university of Wyoming to support programs of national significance within the college of engineering and applied sciences as follows:

(i) One million five hundred thousand dollars ($1,500,000.00) to be matched by qualifying contributions meeting the provisions of W.S. 21‑16‑901 through 21‑16‑904, including valuation of matching funds, toward the development of a niche area of excellence in a coal research program; and

(ii) One million five hundred thousand dollars ($1,500,000.00) to be matched by qualifying contributions meeting the provisions of W.S. 21‑16‑901 through 21‑16‑904, including valuation of matching funds toward the development of a niche area of excellence in a natural gas program;

(iii) The university of Wyoming shall develop a detailed plan which shall include requirements that would bring the areas of excellence in this subsection to national prominence, including faculty, graduate support, lab and equipment, organizational structure and ongoing budget. No expenditures from the account shall be made until the matching funds are raised and the governor, after seeking input from an assembled panel of public and private interests for the advancement of the college of engineering and applied sciences, and the university of Wyoming board of trustees have approved the plan for the development of the programs. The university of Wyoming shall submit a report to the joint minerals, business and economic development interim committee on October 1, 2013 and October 1, 2014 on the progress in creating the endowment programs.

Page 6-lines 14 through 24 Delete including the Senate Standing Committee Amendment (SF0106SS001/A) to these lines.

Page 7-lines 1 through 9 Delete including the Senate Standing Committee Amendment (SF0106SS001/A) to these lines. Nicholas

ROLL CALL

Ayes: Senator(s) Anderson, JD S02, Barnard, Bebout, Christensen, Coe, Cooper, Craft, Emerich, Esquibel, F., Geis, Hastert, Hines, Johnson, Landen, Nicholas, P., Perkins, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Nays: Senator(s) Anderson, JL S28, Burns, Case, Dockstader, Driskill, Hicks, Meier, Nutting and Peterson

Ayes 21 Nays 9 Excused 0 Absent 0 Conflicts 0

SF0106S2002/ADOPTED

Page 3-after line 11 In the Bebout Committee of the Whole Amendment (SF0106SW001/A) to this line, in subparagraph (b)(vi)(C) amended by that amendment, reinsert "minerals to value added products" and delete "natural gas to liquids"; delete "natural gas to liquids" insert "minerals to value added products"; in subdivision (II) amended by that amendment, reinsert "minerals to value added products" and delete "natural gas to liquids"; in subdivision (IV) created by that amendment, delete "natural gas to liquids" insert "minerals to value added products". ROTHFUSS, VON FLATERN

1/28/2013 S Passed 2nd Reading

SF0106S3001/ADOPTED

Page 5-after line 12 In the Nicholas Second Reading Amendment (SF0106S2001/A) to this line, in paragraph (g)(iii) created by that amendment, delete ", organizational structure and ongoing budget". HICKS

SF0106S3002/ADOPTED

Page 5-after line 12 In the Nicholas Second Reading Amendment (SF0106S2001/A) to this line, in paragraph (g)(iii) created by that amendment, after "ongoing budget." insert "The plan shall include a plan for income utilization which provides for long term utilization of funds through a strategy of retaining or reducing expenditure of these funds in any fiscal year when adequate funds for the program are available from other sources.". NICHOLAS

1/29/2013 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Nays: Senator(s) Burns, Case and Meier

Ayes 27 Nays 3 Excused 0 Absent 0 Conflicts 0

1/30/2013 H Received for Introduction

1/31/2013 H Introduced and Referred to H02

2/19/2013 H02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Burkhart, Harshman, Moniz, Nicholas, B., Stubson and Wallis

Nays: Representative(s) Esquibel, K.

Ayes 6 Nays 1 Excused 0 Absent 0 Conflicts 0

2/19/2013 H Placed on General File

SF0106HS001/ADOPTED (TO ENGROSSED COPY)

Page 1-line 6 After "funds;" insert "providing legislative findings;".

Page 2-line 17 After "After" insert "substitution of these funds with general funds as provided in 2012 Wyoming Session Laws, Chapter 27, section 4, and".

Page 3-line 19 After "(b)" insert "(iii)(intro) and"; After "(C)" insert "and (c) by creating a new paragraph (iii) and renumbering paragraphs (iii) through (vi) as (iv) through (vii)".

Page 4-After line 4 Insert:

"(iii) One million dollars ($1,000,000.00) to the ~~department of transportation for a compressed natural gas fueling station and conversion of existing vehicles or purchase of new vehicles for the department or the~~ University of Wyoming for the purchase of buses powered by compressed natural gas.~~, subject to the following conditions:~~".

Page 6-line 19 Delete entirely.

Page 6-line 20 Delete the line through "and".

Page 6-line 24 Delete "the" insert "an agency of the state of".

Page 6-line 25 Delete entirely.

Page 6-line 26 Delete "transportation,".

Page 7-line 10 Delete "No determination".

Page 7-line 11 Delete entirely.

Page 7-After line 11 Insert:

"(c) Except for funds specified in this subsection, funds appropriated under this section shall be for the period beginning with the effective date of this section and ending June 30, 2014. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207(a), any unexpended, unobligated funds subject to:

(iii) Paragraph (b)(iii) of this section shall not revert until June 30, 2016;

~~(iii)~~(iv) Paragraph (b)(v) of this section shall not revert until June 30, 2016;

~~(iv)~~(v) Subparagraph (b)(vi)(C) of this section shall not revert until June 30, 2016;

~~(v)~~(vi) Paragraph (b)(vii) of this section shall not revert until June 30, 2016; and

~~(vi)~~(vii) Paragraph (b)(viii) of this section shall not revert until June 30, 2016.

(b) 2012 Wyoming Session Laws, Chapter 27, Section 2(b)(iii)(A) through (D) is repealed.".

Page 12-after line 22 Insert:

"Section 6. The legislature acknowledges the action of the governor in substituting general funds for the University Arena Auditorium renovation project authorized under 2012 Wyoming Session Laws, Chapter 27, section 1(c)(ii). The legislature further finds that the action resulted in no abandoned mine lands funds being expended for that project. The action is ratified as taken in accordance with 2012 Wyoming Session Laws, Chapter 27, section 4, and legislative intent in enacting that provision.".

Renumber as necessary. HARSHMAN, CHAIRMAN

2/21/2013 H Passed CoW

SF106H2001/WITHDRAWN

SF0106H2002/FAILED (TO ENGROSSED COPY)

Page 4-line 7 After "to" insert "be substituted by state general funds and deposited to the legislative stabilization reserve account as provided by law."; strike balance of the line.

Page 4-lines 8 through 26 Strike all existing language and delete all new language.

Page 5-lines 1 through 27 Strike all existing language and delete all new language.

Page 6-lines 1 through 27 Strike all existing language and delete all new language.

Page 7-lines 1 through 11 Delete entirely including the standing committee amendment (SF0106HS001/AE) to these lines.

Page 7-After line 11 In the standing committee amendment (SF0106HS001/AE) to this line: in paragraph (c)(vi) as renumbered by that amendment delete "until June 30, 2016"; in subsection (b) inserted by that amendment delete "is" insert "and 2(b)(vi)(D) are".

Page 12-After line 22 Insert:

"Section 7. The legislature acknowledges that in accordance with 2012 Wyoming Session Laws, Chapter 27, section 4, general funds were substituted for all abandoned mine land funds authorized under 2012 Wyoming Session Laws, Chapter 27, Section 2(b)(vi)(C) for the commercial scale facility which converts minerals to value added projects. The authority for that project is hereby repealed and all unexpended general funds substituted for abandoned mine land funds for that project shall be deposited to the legislative stabilization reserve account upon the effective date of this act.".

Renumber as necessary. JAGGI

2/22/2013 H Passed 2nd Reading

2/25/2013 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Baker, Barlow, Berger, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Connolly, Eklund, Esquibel, K., Filer, Goggles, Greear, Greene, Harshman, Harvey, Hunt, Kasperik, Kirkbride, Krone, Larsen, Lockhart, Lubnau, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays: Representative(s) Blake, Coleman, Davison, Freeman, Gay, Gingery, Halverson, Hutchings, Jaggi, Kroeker, Loucks, Madden, McKim, Piiparinen, Reeder and Watt

Ayes 44 Nays 16 Excused 0 Absent 0 Conflicts 0

2/25/2013 S Received for Concurrence

2/26/2013 S Did Not Concur

ROLL CALL

Nays: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Ayes 0 Nays 30 Excused 0 Absent 0 Conflicts 0

2/26/2013 S Appointed JCC01 Members:

Senator(s) Bebout, Nicholas, P., Perkins

2/26/2013 H Appointed JCC01 Members:

Representative(s) Wallis, Coleman, Harshman

2/27/2013 S Adopted SF0106JC01

SF0106JC01/A ADOPTED (TO ENGROSSED COPY)

Delete the following House amendments:

SF0106HS001/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 6 After "funds;" insert "providing legislative findings;".

Page 2-line 17 After "After" insert "substitution of these funds with general funds as provided in 2012 Wyoming Session Laws, Chapter 27, section 4, and".

Page 3-line 19 After "(b)" insert "(iii)(intro) and by creating new subparagraphs (E) and (F) and"; After "(C)" insert "and (c) by creating a new paragraph (iii) and renumbering paragraphs (iii) through (vi) as (iv) through (vii)".

Page 4-After line 4 Insert:

"(iii) One million dollars ($1,000,000.00) to the department of transportation for a compressed natural gas fueling station and conversion of existing vehicles or purchase of new vehicles for the department or the University of Wyoming powered by compressed natural gas, subject to the following conditions:

(E) Prior to the expenditure of any funds, the University of Wyoming shall present a budget for the purchase or conversion of vehicles which operate on compressed natural gas to the joint appropriations interim committee;

(F) None of these funds shall be expended except upon further legislative authorization.".

Page 6-line 19 Delete entirely.

Page 6-line 20 Delete the line through "and"; after "lawful" insert ". The governor shall additionally determine that the facility will be of substantial benefit to the public".

Page 6-line 24 Delete "the" insert "an agency of the state of".

Page 6-line 25 Delete entirely.

Page 6-line 26 Delete "transportation,"; after "county" insert ", as designated by the governor,".

Page 7-After line 11 Insert:

(iii) Paragraph (b)(iii) of this section shall not revert until June 30, 2016;

~~(iii)~~(iv) Paragraph (b)(v) of this section shall not revert until June 30, 2016;

~~(iv)~~(v) Subparagraph (b)(vi)(C) of this section shall not revert until June 30, 2016;

~~(v)~~(vi) Paragraph (b)(vii) of this section shall not revert until June 30, 2016; and

~~(vi)~~(vii) Paragraph (b)(viii) of this section shall not revert until June 30, 2016.

Page 12-After line 22 Insert:

BEBOUT, NICHOLAS, P., PERKINS, WALLIS, COLEMAN, HARSHMAN

ROLL CALL

Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Scott and Von Flatern

Nays: Senator(s) Case

Excused: Senator(s) Schiffer

Ayes 28 Nays 1 Excused 1 Absent 0 Conflicts 0

2/27/2013 H Adopted SF0106JC01

SF0106JC01/AA ADOPTED (TO ENGROSSED COPY)

Delete the following House amendments:

SF0106HS001/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 6 After "funds;" insert "providing legislative findings;".

Page 2-line 17 After "After" insert "substitution of these funds with general funds as provided in 2012 Wyoming Session Laws, Chapter 27, section 4, and".

Page 4-After line 4 Insert:

(F) None of these funds shall be expended except upon further legislative authorization.".

Page 6-line 19 Delete entirely.

Page 6-line 20 Delete the line through "and"; after "lawful" insert ". The governor shall additionally determine that the facility will be of substantial benefit to the public".

Page 6-line 24 Delete "the" insert "an agency of the state of".

Page 6-line 25 Delete entirely.

Page 6-line 26 Delete "transportation,"; after "county" insert ", as designated by the governor,".

Page 7-After line 11 Insert:

(iii) Paragraph (b)(iii) of this section shall not revert until June 30, 2016;

~~(iii)~~(iv) Paragraph (b)(v) of this section shall not revert until June 30, 2016;

~~(iv)~~(v) Subparagraph (b)(vi)(C) of this section shall not revert until June 30, 2016;

~~(v)~~(vi) Paragraph (b)(vii) of this section shall not revert until June 30, 2016; and

~~(vi)~~(vii) Paragraph (b)(viii) of this section shall not revert until June 30, 2016.

Page 12-After line 22 Insert:

BEBOUT, NICHOLAS, P., PERKINS, WALLIS, COLEMAN, HARSHMAN

ROLL CALL

Ayes: Representative(s) Baker, Barlow, Blake, Blevins, Blikre, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Goggles, Greear, Greene, Harshman, Harvey, Hunt, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Stubson, Teeters, Throne, Wallis, Walters, Watt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays: Representative(s) Freeman, Gingery, Halverson, Madden, McKim and Semlek

Excused: Representative(s) Berger, Brown, Davison, Gay, Hutchings, Jaggi, Piiparinen, Reeder and Sommers

Ayes 45 Nays 6 Excused 9 Absent 0 Conflicts 0

2/27/2013 Assigned Number SEA No. 0086

2/27/2013 S President Signed SEA No. 0086

2/27/2013 H Speaker Signed SEA No. 0086

3/13/2013 Governor Signed SEA No. 0086

3/13/2013 Assigned Chapter Number

Chapter No. 0156 Session Laws of Wyoming 2013