020-1 Wyo. Code R. §§ 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.
Notes
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No prior version found.