Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0004 - Industrial Siting Council
Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS
Section 1-12 - Impact Assistance Funds

020-1 Wyo. Code R. § 1-12

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Current through April 27, 2019
Section 1-12 - Impact Assistance Funds

(a) If all affected counties, cities and towns in the area primarily affected can agree to an amount and schedule for payment distributions, they may provide their agreement to the Division for submission to the Council for its consideration. If an amount and schedule supported by all governments within the area primarily affected has not been provided to the Division within 30 days of filing an application or waiver of permit application, the Division will review the information provided in the application and provide to counties, cities and towns within the area primarily affected the Administrator's recommendation to the Council for distribution of the impact assistance funds. Counties in disagreement with the Administrator's draft recommendation shall provide to the parties an alternate distribution recommendation and information showing that the Administrator's recommended distribution does not account for all the unmitigated impacts.

(b) Pursuant to W.S. 39-15-111(c) and (d), and W S. 39-16-111(d) and (e) the Council shall, after consideration of all evidence and recommendations presented at the hearing held pursuant to W.S. 35-12-107(g) and W.S. 35-12-110(f), establish an amount and schedule for distribution of impact assistance funds. The Council shall establish a dollar amount associated with the unmitigated impacts on the affected counties, cities and towns from the construction of the proposed facility. Under no circumstances shall the impact assistance payment exceed two and seventy-six hundredths percent (2.76%) of the total estimated material costs of the facility, as those costs are determined by the Council.

(c) If impact assistance payments are already being distributed to an affected area of site influence, and another facility commences construction, the Council shall consider the effect of the following factors in establishing, modifying, adjusting or revising the distribution:

  • (i) The amount of impact assistance funds generated by each facility and the degree of impact in the county attributable to each facility; and
  • (ii) The timeframe in which different amounts of impact assistance funds are generated by each facility in relation to the timeframe in which impacts attributable to each facility occur.

(d) The Council may adjust, revise or modify distributions during the construction of a facility. A local government which is primarily affected by the facility and which has filed a notice of intent to be a party pursuant to W.S. W.S. 35-12-111(b), or any person issued a permit pursuant to W.S. 35-12-106, may petition the Council for review and adjustment of the distribution upon a showing of good cause. The request shall be submitted to the Division.

  • (i) Upon receiving a request to modify a distribution, the Administrator shall:
    • (A) Within ten (10) days after the request is received, serve a copy of the request to each local government primarily affected. A copy of the request shall be provided to the permittee.
    • (B) Request the affected local governments and permittees to submit to the Division all relevant studies, statements, reports, analyses, evaluations, compilations, or other written material which will enable the Council to determine whether the social and economic impacts have changed and establish a new distribution.
    • (C) Conduct such investigations, studies, reports and evaluation as may be necessary to prepare a recommendation on the request.
  • (ii) The Administrator shall present the request for impact assistance funds to the Council at least thirty (30) days after the Division received the request, with a recommendation. The Council may thereupon, after consideration of the materials submitted by the local governments, applicants, permittees and Administrator, determine that the social and economic impacts from construction of the facility have changed, and establish a new distribution as appropriate and necessary.

(e) Pursuant to W.S. 39-15-111(c) and (d), and W.S. 39-16-111(d) and (e) the Council, may determine that the social and economic impacts from construction of an industrial facility upon the adjoining county are significant and establish the distribution of impacts between all communities in the impact area.

  • (i) The Council may adjust, revise or modify a distribution during the construction of a facility; upon receiving a written request from any person issued a permit pursuant to W.S. 35-12-106, and a showing of good cause.

(f) Upon establishing or modifying a distribution pursuant to W.S. 39-15-111(c) and (d), and W. S. 39-16-111(d) and (e) the Division shall notify all parties.

(g) For the purposes of this Section of these regulations, the period of construction for a facility shall end when the physical components of the industrial facility are ninety (90) percent complete. The physical components of the industrial facility shall include all materials, supplies, and equipment included in the estimated construction cost of the facility pursuant to Section 2(l) of these regulations.

020-1 Wyo. Code R. § 1-12

Amended, Eff. 4/4/2017.

Amended, Eff. 8/9/2018.