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Past 2008 Daily Legislative Updates

Here, you will find daily legislative updates from the 2008 Budget Session.

The WCV Daily Legislative Update ...

... for Tuesday, February 19, 2008
(Click here for this session's previous daily updates)

The Wyoming Legislature dove into the multibillion-dollar state budget on Day 7 of the 20-day 2008 Budget Session, with each house passing its version of the financial plan on first reading. Budget provisions approved by the governor and the Joint Appropriations Committee over the winter were explained and debated in both the House and Senate, with all top conservation priorities faring well.

SF 1 and HB 1 are "mirror bills" containing identical budget proposals from the appropriators, starting their way through each house simultaneously in a reform that in recent years has greatly speeded the budgeting process. After each house considers and amends the countless provisions, a conference committee will sort out the differences for final approval by both bodies prior to the March 7 adjournment deadline.

Both these bills contain a combined $34.5 million in new investments in the Wyoming Wildlife and Natural Resources Trust Account and its separate project spending account for habitat improvements and resource conservation; a first-ever infusion of $1.8 million in state "general fund" tax proceeds into non-game management and sensitive species conservation programs of the Wyoming Game & Fish Department; and a special $1.8 million research account to document potentially endangered species of wildlife in the state in order to address problems with their habitat or populations before they require listing under the Endangered Species Act. These budget items appeared to have strong support during initial floor debate.

... for Monday, February 18, 2008
The Wyoming Legislature continued its work Feb. 18 despite the President's Day government holiday falling on Day 6 of the 20-day 2008 Budget Session. Of greatest interest to conservationists and sportsmen, a bill authorizing a watershed-scale state study of potential oil and gas impacts in the Encampment area passed a House committee heavily amended, and with its funding slashed by 90 percent, while a Senate committee's chairman warned of division and many amendments ahead while still passing a controversial wastewater management re-write for the coalbed methane industry.

After nearly two hours in the public spotlight over animal cruelty legislation, the House Travel Committee faced severe time constraints in evaluating HB 105. The bill calls for a Department of Environmental Quality study of the potential impacts of oil and gas development in the Encampment-area parcels recently identified for federal leasing. Drilling effects identified for scrutiny included those on rural residential communities, groundwater and surface water, soil quality and other landscape alterations which would occur were leasing to proceed. The report would be due in November 2008 and would have cost approximately $500,000 --- before the committee's revisions.

Rep. Jeb Steward, R-Encampment, described his intentions in sponsoring the measure as disclosing fully to the public the potential impacts of mineral development if approved by federal officials to proceed in his south-central Wyoming district. Most questions to Steward, however, suggested the committee was unconvinced of the need for a study and not at all committed to funding it at the level sought. Committee Chairman Pat Childers then introduced a lengthy substitute-bill amendment to limit the scope of the study, shift it from the DEQ to the governor's natural resource planning office, use existing studies rather than new ones, rely on the federal NEPA process for review of issues, and require the Natural Resources Council to assist in the study. His amendment also reduced funding to $50,000. Steward, asked if he viewed the amendment as friendly, replied that he did. The committee then breezed through the amendment approval and a 9-0 vote for passage of the bill. HB 105 now heads to the House Appropriations Committee before proceeding to the full House for floor debate, during which the substitute-bill amendment must be ratified to stay attached to the legislation.

Meanwhile Monday, the Senate Minerals Committee resumed its lengthy debate on SF 46, intended to cope with the adverse effects on downstream landowners and the land due to coalbed methane water discharges into ephemeral streams. Industry representatives pushed amendments to exempt certain regulatory actions if upstream landowners wanted to store the waters, while opponents pointed to the act's failure to compensate owners for damage caused to land and livelihood, constitutional contradictions, the exclusion of natural flows in calculations of violations, its overall reactive approach and its subjective definitions of carrying capacity and reach of interest. Opponents see a bill that does little that would require coal bed methane operators to act in a reasonable and responsible manner. Landowners will still be unwitting victims of excessive discharge and will be required to suffer damages, prove those damages and then wait for a favorable response from the state and violator. Meanwhile, because this process can extend up to 14 months or more, the landowner could continue to experience damage due to constant discharge.

After the committee voted 5-0 to pass the bill and move it back to the full Senate, Committee Chairman Grant Larson acknowledged that the act would come under intense scrutiny and predicted introduction of several amendments together with vigorous debate on the floor.

... for Friday, February 15, 2008
The 59th Wyoming Legislature on Day 5 of the 20-day 2008 Budget Session moved several bills of interest to sportsmen and conservationists through their first of the two legislative bodies. Bills moving to the opposite end of the Capitol Friday related to underground carbon dioxide sequestration, Wildlife Trust Fund projects, subdivision regulations, and Game & Fish non-game species management funding. Lawmakers also passed the deadline for voting on introducing non-budgetary bills into the session, consigning about 100 measures to procedural defeat for the year.

The House of Representatives gave its final approval to both HB 89 and HB 90, which enable development of a new industry in the state devoted to underground, long-term storage of carbon dioxide in geological "pore spaces" in order to keep the climate-change pollutant out of the atmosphere. HB 89 grants ownership of the storage zones underground to surface landowners, allowing them to control and profit from the leasing, while HB 90 creates a rulemaking requirement and a regulatory process for such projects through the Wyoming Department of Environmental Quality. HB 89 passed the House 59-1 and HB 90 passed 60-0. Both bills now head to the Senate for committee action and, if successful at that stage, floor debate.

House members also allowed introduction of HB 103, which exempts holders of Game & Fish "pioneer licenses" from having to purchase the $12-per-year conservation stamp most sportsmen must carry alongside their hunting or fishing licenses. The pioneer license is a discounted license available to senior sportsmen who have lived in the state continuously for several decades. The measure would trim agency receipts by about $37,000 annually, according to estimates. It would take effect with the 2009 licensure year. The vote to introduce was 47-12 and the bill now goes to the House Travel Committee.

The Senate, meanwhile, gave its final go-ahead to SF 3, which lets the Wyoming Game & Fish Department seek and spend state General Fund tax dollars on managing non-game species, a $1.8 million-per-biennium program currently funded by sportsman fees and taxes. Under the bill, the agency will prepare a separate budget for these programs and report to the Legislature annually on its activities. Funds freed up by this change will be returned to programs which serve sportsmen. The actual appropriation will be considered next week in the budget bill in both houses. This enabling legislation passed 29-1 and now goes to the House for committee action.

Senators also granted final passage to SF 11, which lets county governments regulate larger-sized subdivision lots than they presently can review, and requires subdivision marketers to plainly disclose which, if any, public services such as water and sewer utilities will be available on new subdivisions. The bill passed 19-11 and now faces committee and floor action in the House next week.

The Senate also overwhelmingly approved final reading of SF 63, which allocates more than $2.9 million to 13 projects which repair grassland or aspen habitats, conserve soil in key watersheds, prevent ranch subdivision and combat invasive species. The vote of 30-0 sends that bill to the House as well.

Senators further approved, on final reading, SF 69, clarifying guidelines for legislative review of large-dollar projects to stipulate than in addition to projects costing more than $200,000 to the Trust requiring specific legislative approval, projects which surpass further multiples of $200,000 over time must also go through another legislative review. The 27-3 favorable vote sends that bill to the House too.

... for Thursday, February 14, 2008
Members of the Wyoming Legislature continued their work on long-term underground carbon dioxide sequestration, Wildlife Trust Fund projects, subdivision regulations, and Game & Fish non-game species management funding, while also agreeing to take up a study of watersheds in the Encampment area now facing expanded energy development --- all as the 2008 Budget Session completed Day 4 of its 20-day run.

The House of Representatives gave second-reading approval to both HB 89 and HB 90, which create a legal framework for the ownership and regulation of underground, long-term storage of carbon dioxide in geological "pore spaces" beneath the land surface. HB 89 grants ownership of the storage zones underground to surface landowners; HB 90 creates a rulemaking requirement and a regulatory process for such projects by the Wyoming Department of Environmental Quality. The approvals came on voice votes and included a minor technical amendment to HB 90 to expand the required notices to more stakeholders in such projects. Both the bills face their final House reading on Friday, Feb. 15.

House members also granted introduction to HB 105 by the narrowest possible margin, 40-20, the exact two-thirds majority required for such action in a budget session. The bill calls for a Department of Environmental Quality study of the impacts of oil and gas development in the Encampment-area parcels recently identified for federal leasing. The study is designed to focus on impacts on rural residential communities, groundwater and surface water, soil quality and other landscape attributes from drilling, pipelines and other production activities which would occur if leasing proceeds. The report would be due in November 2008 and cost approximately $500,000. The bill now goes to the House Travel Committee for consideration on Monday, Feb. 18.

The Senate, for its part, gave second-reading approval on a procedural vote to SF 3, which lets the Wyoming Game & Fish Department seek and spend state General Fund tax dollars on managing non-game species, a roughly $1.8 million program currently funded by sportsman hunting and fishing licenses and (to a far lesser extent) federal equipment taxes. Under the bill, the agency will prepare a separate budget for these programs and report to the Legislature annually on its activities. Funds freed up by this change will be returned to programs which serve sportsmen. The actual appropriation will be considered next week in the budget bill in both houses. This enabling legislation gets its final Senate reading Friday, Feb. 15.

Senators also gave second-reading approval, with further amendments, to SF 11, which lets county governments regulate larger-sized subdivision lots than they presently can review, and requires subdivision marketers to plainly disclose which, if any, public services such as water and sewer utilities will be available on new subdivisions. Senators approved an amendment sponsored by Sen. Charles Scott, R-Casper, to let landowners sell or transfer up to 10 units of land every five years, exempt from the bill, so long as they are not further subdivided within five years, and with any entities sharing 80 percent or more common ownership treated as a single entity under the exemption. The bill now faces its final Senate reading on Feb. 15.

The Senate approved on second reading SF 63, which allocates more than $2.9 million to 13 projects which repair grassland or aspen habitats, conserve soil in key watersheds, prevent ranch subdivision and combat invasive species. Final reading in the Senate is set for Feb. 15.

Senators also completed a pro-forma second reading on SF 69, clarifying guidelines for legislative review of large-dollar projects to stipulate than in addition to projects costing more than $200,000 to the Trust requiring specific legislative approval, projects which surpass further multiples of $200,000 over time must also go through another legislative review. Final Senate reading is to occur Feb. 15 as well.

Finally, senators approved introduction of SF 94, authorizing and funding a study of impacts on Wyoming's electrical power generation and transmission capacities if various alternative energy technologies develop in the state, and the changes to employment and tax revenues which would result. The $250,000 review would also assess the outcomes of a potential electrical generation tax, and the potential impacts on the environment. The University of Wyoming School of Energy Resources would prepare the report by Dec. 1, 2008. Senators voted 28-2 in favor of introduction and sent the bill to the Senate Revenue Committee.

... for Wednesday, February 13, 2008
The Wyoming State Legislature focused on bills to remove carbon emissions from the atmosphere, review large projects approved by the Wildlife Trust Fund, enable the Game & Fish Department to receive taxpayer funds for non-game species management, and increase county governments' ability to regulate subdivisions, as the 2008 Budget Session passed Day 3 of its 20-day term.

The House of Representatives gave approval on first reading to both HB 89 and HB 90, which together build a legal framework for the underground, long-term storage of carbon dioxide in geological "pore spaces" beneath the land surface. HB 89 establishes that the storage zones underground are the property of the surface landowners, while HB 90 sets up a regulatory process for such projects, largely through the Department of Environmental Quality. The approvals came on voice votes and move the bills to a second reading on Thursday, Feb. 14.

House members also fell short of a two-thirds majority to introduce a bill which would have diverted a $50 million deposit into the Permanent Mineral Trust Fund instead into the Wildlife Trust Fund, to move closer to the $200 million target for that long-term savings account which generates interest for habitat and resource restoration and preservation across the state. The vote on introducing HB 124 was 32-27 in favor of introduction, eight votes short of the margin needed to bring most types of legislation into the Budget Session.

The state Senate, meanwhile, gave its approval on the first of three readings to SF 3, which will allow the Wyoming Game & Fish Department to receive state General Fund tax dollars to pay for management of non-game species, a roughly $1.8 million program currently funded by revenue from sportsman licenses and equipment taxes. Under the bill, the agency will prepare a separate budget for these programs and report to the Legislature annually on its activities. Funds freed up by this change will be returned to programs which serve sportsmen. The approval came on a voice vote and the bill goes to a second reading on Thursday, Feb. 14.

Senators also gave first-reading approval, with amendments, to SF 11, which gives county governments more oversight of larger-sized subdivision lots than they presently can review, as well as requiring more "truth in advertising" from subdivision marketers regarding what public services will be available on new subdivisions. The voice vote moves the bill to second reading on Feb. 14.

The Senate further approved on first reading SF 63, which allocates more than $2.9 million to 13 projects which repair grassland or aspen habitats, conserve soil in key watersheds, prevent ranch subdivision and combat invasive species. There was brief debate over the Fund's decision to purchase a variety of conservation easements to prevent development of major tracts of open spaces in western Wyoming, but the bill was approved overwhelmingly by voice vote. Second reading is set for Feb. 14.

Senators took further action on the Wildlife Trust by passing, on first reading, SF 69, to clarify guidelines for legislative review of large-dollar projects to conform to the spirit of the original act. Projects costing more than $200,000 to the Trust must receive specific legislative approval, but the act was unclear on what process should apply if a long-running project passed a second $200,000 in funding. Trust board members agreed the spirit of the law should return those projects to the Legislature for another look. Senators agreed too, passing the measure on a voice vote and sending it to a second reading Feb. 14.

... for Tuesday, February 12, 2008
The 59th Wyoming Legislature began to take up a variety of conservation and wildlife interests as the Budget Session got fully under way on Day 2 of their 20-day gathering.

Senate Travel Committee members unanimously approved two measures advancing the Wildlife and Natural Resources Trust Fund. The special state savings account generates interest which a statewide board allocates to landscape conservation projects benefiting wildlife and natural resource preservation. SF 63 allocates more than $2.9 million to 13 projects which repair grassland or aspen habitats, conserve soil in key watersheds, prevent ranch subdivision and combat invasive species, and passed the committee 5-0. SF 69 clarifies guidelines for legislative review of large-dollar projects to conform to the spirit of the original act, in a consensus move, and likewise passed 5-0 and headed to the Senate floor.

The same committee also passed SF 3, setting up the legal framework for the Wyoming Game & Fish Commission to accepts state General Fund dollars to manage, with annual reporting, its non-game management program. A separate provision in the state biennial budget (HB 1 / SF 1) provides $1.8 million over two years to run the non-game management efforts currently being paid for with limited sportsman license and equipment tax funds. The enabling legislation passed the committee 5-0 and heads to the Senate floor.

Members of the Senate Corporations Committee approved, with amendments, SF 11, to give county governments more oversight of larger-sized subdivision lots than they presently can review, as well as requiring more "truth in advertising" from subdivision marketers regarding what public services will be available on new subdivisions. Committee members approved amendments, which will be facing ratification on the floor Wednesday. The bill passed committee 5-0 and will be up for first reading on the Senate floor Wednesday, Feb. 13.

The Senate Agriculture Committee took up bills affecting predator control and state trust land management funding on Tuesday as well. SF 7 removes the "sunset" date from the Animal Damage Management Board, set up at the turn of the recent century to fund coyote control as well as research into predator reproduction and aversion conditioning to try to pre-empt naturally occurring livestock and wildlife predation. The board was originally intended and designed to raise a self-sustaining funding stream from livestock industry supporters, but has gradually transitioned into a multimillion-dollar annual beneficiary of General Fund taxpayer dollars which passes dollars along to nearly two dozen local boards for additional control efforts. Committee members nevertheless voted 5-0 to send it to the full Senate floor.

Senate Ag members also approved SF 58, which diverts one percent of all state lands revenue, including leases and royalties, to fund preservation or enhancement of state land or mineral resources or their value, or their productivity of annual income to the school trust. The committee voted 5-0 to send it to the Senate floor.

... for Monday, February 11, 2008
The 59th Wyoming Legislature has returned to the Capitol, but Gov. Dave Freudenthal took center stage on Day 1 of the 2008 Budget Session.

In his annual "State of the State" address to a joint session of the state House and Senate, the governor flagged several conservation, wildlife and land-use debates for special attention as lawmakers weigh more than 200 bills and a two-year budget for fiscal years 2009 and 2010.

Freudenthal told the 90 assembled representatives and senators of the importance of building the Wildlife and Natural Resources Trust Fund steadily. The special state savings account generates interest which a statewide board allocates to landscape conservation projects benefiting wildlife. The governor had recommended a $50 million infusion split between the interest-generating and income accounts, an amount trimmed in January to $34.5 million by the Joint Appropriations Committee ($29.5 million for the main fund and $5 million for direct project spending, both figures over the two-year budget period), amid a flattening of projected state revenues over the upcoming biennium.

Freudenthal also touted pending reforms to subdivision laws offered by the Joint Corporations Committee to give county governments more oversight of larger-sized subdivision lots than they presently can review, as well as requiring more "truth in advertising" from subdivision marketers regarding what public services will be available on new subdivisions. The governor noted that many past subdivisions have pushed the cost of utilities, roads and other public services onto taxpayers, which he described as at-odds with the typical rules of the free market economy.

Later in the day a House committee took up another of the governor's priorities by passing HB 89 and HB 90, two bills developed by the Joint Judiciary Committee in the summer and fall of 2007 to provide a legal framework for potential future storage of carbon dioxide in the state's geological formations. The laws will be necessary if Wyoming is to develop an industry based on removing global warming pollutants from the atmosphere. Before passing the bills, the House Judiciary Committee rejected amendments proposed by some in the oil and gas industry which would have allowed use of these geologic containment areas underground without compensation to landowners. The bills now go back to the House for floor debate.

The full House of Representatives also narrowly declined to introduce HB 4, introduced by the Joint Interim Agriculture Committee, which would have forbidden the Game & Fish Department and all other state agencies from holding federal grazing leases or cooperatively managed them with federal agencies. This potential reversal of existing state procedures would have threatened the long-term wildlife conservation productivity of several large state-managed parcels throughout Wyoming which provide winter range for wildlife. Representatives voted 37-22 in favor of introduction: three votes short of the two-thirds majority required for introduction in the Budget Session.