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SF 19

Impact assistance payments-maximum percentages and review.

2025 Regular Session

Allows the Industrial Siting Council to raise the impact-assistance cap for large projects (>$350M materials) to 2.76%, with findings, increasing payments funded by General Fund.

H:Died in Committee Returned Bill Pursuant to HR 5-4
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Bill Summary · SF 19

Summary — SF 19: Impact assistance payments — maximum percentages and review

Status: Introduced January 14, 2025; Passed the Wyoming Senate (24–6–1); died in House committee (H: Died in Committee Returned Bill Pursuant to HR 5‑4).

Purpose

SF 19 would amend Wyoming’s industrial siting / impact assistance law to give the Industrial Siting Council (the Council) limited authority to raise the statutory maximum percentage used to calculate impact assistance payments for large industrial projects when the Council determines the existing maximum is insufficient to mitigate identified local impacts.

Key provisions

  • Allows the Industrial Siting Council to increase the maximum allowable impact‑assistance percentage for industrial facilities with total estimated materials costs exceeding $350 million to not more than 2.76%.
  • The Council may exercise this discretion only after making specific findings that the existing maximum is insufficient to mitigate the facility’s identified unmitigated impacts and documenting those findings in its order.
  • The Council is required to forward its proposed increased percentage (and supporting findings) for consideration — the fiscal note indicates submission to the State Loan and Investment Board; committee versions also require reporting to relevant legislative committees.
  • The bill (as amended in committee) removes language that would allow judicial review of these approvals (i.e., approvals would not be subject to judicial review).
  • Impact assistance payments continue to be paid from the General Fund share of sales and use taxes and distributed by county treasurers to the county and impacted municipalities using the distribution ratio set by the Council.
  • Applicability: the bill applies only to permit applications submitted on or after the bill’s effective date. The bill states it takes effect upon enactment.

Fiscal impact

  • Overall fiscal impact is indeterminable because it depends on the number, size, and timing of future industrial projects.
  • Examples in the legislative fiscal note:
    • For an approved project with $850 million in estimated material costs, raising the cap from 2.00% to 2.76% could increase General Fund impact assistance payments by up to about $6.46 million.
    • For a $1.0 billion project, raising the cap from 1.50% to 2.76% could increase General Fund payments by up to about $12.6 million.
  • Payments would be increases from the General Fund share of sales and use taxes.

Who would be affected

  • Counties and incorporated municipalities that host large industrial projects would potentially receive larger impact assistance payments when the Council increases the cap.
  • The State General Fund (sales and use tax distributions) would bear the increased expenditure.
  • Industrial project applicants and local governments engaged in siting proceedings would be affected procedurally (Council findings, reporting requirements).
  • Parties seeking judicial review would be limited if the bill’s amendment barring judicial review were in effect.

Procedural / timeline notes

  • Senate committee (Minerals, Business & Economic Development) recommended amendment and do‑pass unanimously; the Senate adopted an amendment clarifying that the increased percentage is the one the Council proposed and removed language allowing judicial review.
  • Passed the Senate on 1/23/2025 (24–6–1); received in the House on 1/24/2025; referred to House Minerals committee.
  • Recall from committee attempt failed on 2/25/2025 (16–45–1); no report prior to the House Committee of the Whole cutoff; the bill subsequently died in the House committee (returned pursuant to HR 5‑4 on 3/3/2025).

Prepared from the bill text, committee amendment, and Legislative Services fiscal note (25LSO‑0069).

Compiled from official sources — confirm details with the bill’s official record.

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