SF0019

Allows the Industrial Siting Council to increase impact assistance payment percentages for industrial facilities beyond standard maximums, subject to State Loan and Investment Board approval, with such board decisions made final and not subject to judicial review.

• Establishes tiered maximum allowable percentages for impact assistance payments based on facility construction costs: 2.25% for facilities under $350 million, 2% for $350-850 million, and 1.50% for $850 million or more. (W.S. 39-15-111(c), W.S. 39-16-111(d))
• Permits the Industrial Siting Council to increase the maximum allowable percentage up to 2.76% for facilities under $350 million if the council finds the standard 2.25% maximum is insufficient to mitigate identified impacts. (W.S. 39-15-111(c), W.S. 39-16-111(d))
• Requires the Industrial Siting Council to submit a report to the Joint Appropriations Committee and Joint Minerals, Business and Economic Development Interim Committee within 10 business days of any percentage increase, including supporting data. (W.S. 39-15-111(c), W.S. 39-16-111(d))
• For facilities exceeding $350 million in construction costs, the council may propose increasing the maximum allowable percentage to 2.76% and must forward the proposal to the State Loan and Investment Board, which must consider it at its next regularly scheduled meeting. (W.S. 39-15-111(r), W.S. 39-16-111(p))
• The State Loan and Investment Board may approve, deny, or modify a proposed percentage increase to any amount between the applicable standard maximum and 2.76%, but shall not consider new evidence in its review. (W.S. 39-15-111(r)(ii), W.S. 39-16-111(p)(ii))
• Impact assistance payments continue at the standard maximum percentage while a proposed increase is pending before the State Loan and Investment Board. (W.S. 39-15-111(r)(iii), W.S. 39-16-111(p)(iii))
• If the State Loan and Investment Board approves or modifies a percentage increase, the department shall make retroactive payments to the beginning of the construction period to equalize payments at the new approved percentage.