Wyoming Minerals to Value Added Products Program

Wyo. Stat. Ann. tit. 9, ch. 20

in effect

Wyo. Stat. Ann. § 9-20-101 Definitions.

(a) As used in this article: (i) "Account" means the minerals to value added product program account created pursuant to W.S. 9-20-104(a); (ii) "Minerals to value added products facility" includes a commercial scale mineral to liquid fuels or other value added products facilities but shall not include any facility which will derive fifty percent (50%) or more of its anticipated revenues from the generation of electricity; (iii) "Program" means the minerals to value added products program created pursuant to W.S. 9-20-102(a); (iv) "Tolling fee" means a negotiated fee for the conversion of a feedstock mineral provided by the state of Wyoming under a contract with the operator of a value added facility; (v) "This act" means W.S. 9-20-101 through 9-20-104.

Wyo. Stat. Ann. § 9-20-102 Wyoming mineral to value added product program; rulemaking authority.

(a) There is created the Wyoming minerals to value added products program. The program is intended to aid economic development of the state by providing mineral product input guarantees to enable the recruitment and operation of commercial scale minerals to value added products facilities, which have demonstrated proof of performance. (b) The Wyoming business council shall establish and administer the program under this act. Any commercial scale minerals to value added products facility shall submit a proposal to the governor. The governor may provide recommendations for the size and parameters of the proposed contract. An application to participate in the program shall then be submitted to and reviewed by the Wyoming business council under the process set forth in W.S. 9-12-601 through 9-12-603. The application shall be submitted on forms prescribed by, and subject to rules promulgated by, the Wyoming business council. In determining whether to recommend a contract for approval, the Wyoming business council shall consider if the applicant has demonstrated a business plan, balance sheet, sufficient cash flow, commitments to sell the finished product and other indices necessary to demonstrate the applicant's ability to perform under the contract as determined by rule and regulation of the Wyoming business council. (c) The Wyoming business council shall provide recommendations for terms and conditions contained in a proposed contract. The Wyoming business council's recommendations shall be forwarded to the state loan and investment board for final consideration of the application. (d) After an application to participate in the program is approved by the state loan and investment board, the Wyoming business council may complete negotiations to contract to supply not more than twenty percent (20%) of the expected mineral supply to the facility for the duration of the contract. Total contract amounts for any one (1) facility shall be set by rule of the state loan and investment board based on the provisions of this act and the expected return to the state of Wyoming, but in no event shall a contract exceed fifty million dollars ($50,000,000.00). (e) All complete applications to participate in the minerals to value added products program established under this act which conform to the criteria established by this act and rules and regulations promulgated hereunder, shall be considered. The Wyoming business council shall review the application and may communicate directly with the applicant. A determination by the state loan and investment board to approve or disapprove an application under this act is not appealable. (f) If the Wyoming business council receives multiple applications to enter a contract under the program, consideration shall be given to whether the applicant has demonstrated a past record of producing jobs in Wyoming and whether the applicant has and is likely to maintain a nexus to the state of Wyoming.

Wyo. Stat. Ann. § 9-20-103 Criteria and procedures for contracts.

(a) In determining whether to recommend or approve a contract under this act, the Wyoming business council and state loan and investment board shall consider if: (i) There are sufficient funds in the account to fully fund the contract and all other outstanding commitments to the account; (ii) The contract establishes the terms and conditions of the contract as required by this act, including, but not necessarily limited to: (A) The duration of the contract to provide feedstock minerals, including the end date for the contract; (B) Criteria to determine proof of performance on the part of the minerals to value added products facility prior to expenditure of funds by the state of Wyoming under the contract; (C) Tolling fees for the conversion of the state's feedstock to a value added product; (D) Procedures and mechanisms for the sale of the finished product produced under the contract and the deposit of the proceeds of those sales to the account as provided in W.S. 9-20-104. (b) Contracts considered under this act shall be subject to the following procedures: (i) The proposed contract shall be submitted to the Wyoming business council for review and determination under the process set forth in W.S. 9-12-601 through 9-12-603; (ii) The Wyoming business council's recommendations shall be forwarded to the state loan and investment board for final consideration of the contract. (c) The Wyoming business council shall only recommend, and the state loan and investment board shall only approve, entering into contracts under this act for minerals to value added products facility projects which meet the following minimum requirements: (i) Are anticipated to have a beneficial economic impact to the state of Wyoming and provide the following minimum public benefits: (A) The creation of a substantial expansion of permanent jobs in the county or counties in which the project will be located; (B) A substantial increase in the assessed valuation of the county or counties in which the projects will be located; (C) A substantial increase in the sales, property or other tax revenues to the county or counties where the project will be located; (D) Promotion of a stable, balanced and diversified economy; and (E) Private investment in the county or counties in buildings, equipment and direct project infrastructure of not less than three (3) times the amount of any contract. (ii) Provide adequate consideration for the state of Wyoming to enter the contract; (iii) The feedstock materials supplied under the contract shall have been produced substantially in Wyoming; (iv) The contract shall not create debt of the state of Wyoming beyond the current year's taxes; (v) The facility to which the feedstock materials is to be supplied has not previously been supplied with feedstock materials from a contract entered into under the program; and (vi) The terms of the contract are such that the state of Wyoming is likely to realize a positive return on its investment under the contract. (d) No contract shall be entered into under this act without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therewith. (e) The governor, Wyoming business council or state loan and investment board is authorized to employ such experts as necessary to fully evaluate an application and negotiate the terms and conditions of a contract under this act. If experts are retained, the cost for the experts shall be paid by the applicant. (f) The Wyoming business council may contract with such experts as necessary to assist in the performance of its obligations under any contract entered into, including assistance with feed stock purchases and the sale of value added products.

Wyo. Stat. Ann. § 9-20-104 Wyoming mineral to value added product program account; purpose; creation; rulemaking.

(a) There is created a minerals to value added products program account. Funds in the account shall be used exclusively to promote minerals to value added products facilities as provided in this act. (b) Funds appropriated by the legislature for the program shall be deposited into the account. All funds in the account are continuously appropriated for contracts and other expenses authorized under this act. The total principal balance of outstanding contracts shall not exceed the amounts appropriated by the legislature plus revenues accrued and collected less any losses, currently available in the account. (c) Any unexpended balance in the account shall be invested by the state treasurer and the interest earned shall be credited to the account. (d) Revenues generated from any contract entered into under this act shall be deposited into the account and continuously appropriated to the Wyoming business council to be expended solely for the purpose of administering this act and contracts authorized hereunder, except as provided in subsection (e) of this section. (e) The Wyoming business council shall report by November 1 of each year to the joint appropriations committee and the joint minerals, business and economic development interim committee on the status and condition of the program and the account. The report required under this subsection, and all its contents, shall be a public record. In addition to factors listed in this subsection, the Wyoming business council's report shall include the account fund balance and anticipated potential expenditures, including contracts, under the program for the next three (3) fiscal years, respectively. The joint appropriations committee shall then determine whether to introduce legislation to appropriate a portion, or all, of the funds in the account for purposes other than the program. The report shall further include: (i) A review of rules adopted by the Wyoming business council or state loan and investment board during the reporting period; (ii) The portfolio of contracts entered into under the program; (iii) A risk analysis of the portfolio; (iv) Any other relevant information as determined by the state loan and investment board or the Wyoming business council.

Wyo. Stat. Ann. § 9-20-201 Definitions.

(a) As used in this article: (i) "Authority" means the Wyoming energy authority; (ii) "Manufactured product" or "value-added manufactured product" means natural gas that undergoes substantial molecular transformation in Wyoming to produce a new product; (iii) "Methane intensity" means the measure of methane emissions relative to the natural gas that is processed; (iv) "Substantial molecular transformation" includes, without limitation: (A) The thermal decomposition of natural gas into hydrogen and solid carbon, also known as methane pyrolysis or turquoise hydrogen production; (B) The conversion of natural gas and nitrogen into anhydrous ammonia, also known as ammonia synthesis or blue or turquoise ammonia production; (C) Any other process that transforms natural gas to produce hydrogen, ammonia or another valuable product that is chemically distinct from methane or from other gases that are part of the natural gas stream including carbon dioxide, nitrogen, hydrogen sulfide and helium.

Wyo. Stat. Ann. § 9-20-202 Industrial sovereign zones.

(a) A board of county commissioners may nominate an area within its jurisdiction as an industrial sovereign zone. Two (2) or more counties may jointly nominate a contiguous or related area as a single sovereign zone. Each county shall adopt a formal resolution approving the nomination of an industrial sovereign zone under this subsection. Nominations under this section shall be made in the form required by the authority and shall include: (i) A defined geographic boundary describing the nominated industrial sovereign zone; (ii) Evidence of access to natural gas resources; (iii) Information required by the authority to evaluate the suitability of the area for the production of value-added manufactured products under this article. (b) The authority shall establish an industrial sovereign zone in an area nominated as an industrial sovereign zone under subsection (a) of this section if the authority determines there is an opportunity for the production and distribution of value-added manufactured products due to a reduced price paid for sales of natural gas in that area or other factors determined by the authority. The authority may modify the boundaries of an industrial sovereign zone by decreasing the size of the zone as determined necessary by the authority. The boundaries of an industrial sovereign zone shall not be enlarged unless each affected county formally consents to the enlargement of the zone outside of the boundaries defined in the nomination under subsection (a) of this section. (c) For any industrial sovereign zone established under subsection (b) of this section, the following shall apply: (i) Any person seeking to establish a facility for the production of a value-added manufactured product in the industrial sovereign zone: (A) May apply to the authority for assistance in establishing the facility including, without limitation, identification and assistance in complying with state licensing applications or requirements; (B) Shall be eligible for the expedited permit process as provided by W.S. 35-11-109(a)(xvi). (ii) If a facility is established for the production of a value-added manufactured product in the zone, machinery sold or purchased for use in the facility shall be eligible for the tax exemptions under W.S. 39-15-105(a)(viii)(O)(V) and 39-16-105(a)(viii)(D)(V).

Wyo. Stat. Ann. § 9-20-203 Gold standard certification.

(a) The authority shall establish standards of certification for any value-added manufactured product that is produced in Wyoming to promote the special attributes of the manufactured product. The authority shall establish a certification for any manufactured product that certifies that the product is a gold standard Wyoming product if the producer of the manufactured product demonstrates that the product is produced with not more than two-tenths percent (0.2%) methane intensity. (b) The use of any certification standards established under subsection (a) of this section by any producer of a manufactured product shall be on a voluntary basis. The authority may collect fees on an annual basis, not exceeding the cost of administering the certification program under subsection (a) of this section, from producers participating in the voluntary certification program. Any fees collected under this subsection may be retained by the authority and shall only be expended to administer the certification program under subsection (a) of this section. (c) The authority may suspend or revoke a certification granted under this section if the recipient of the certification fails to meet all of the requirements adopted by the authority.

Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title09.pdfFetched: 10/4/2026