Tuesday JULY 29, 2025 |
County Commissioners push for changes to the state’s industrial siting system.
When a large-scale industrial or energy project is planned, the developer is required to pay impact assistance money to offset the strain to local infrastructure, services, and housing.
When a developer proposes a major project, they must submit an application to the Wyoming Industrial Siting Council. The Council determines how much impact assistance funding should go to affected counties and municipalities, based on the estimated materials cost of the project, often submitted years before construction begins.
During the July 14th Board of Carbon County Commissioners meeting, Wyoming Industrial Siting Administrator Jenny Staeben addressed upcoming projects within Carbon County. Administrator Staeben began by explaining how impact assistance funds are calculated, saying that projects under $350 million are required to pay 2.25% of the total materials cost to mitigate the project’s impact to the local area. However, Staeben added that the Industrial Siting Council has the authority to increase the impact assistance money.
Administrator Staeben said projects valued between $350 million and $800 million are required to allocate 2% of their estimated materials cost to help mitigate impacts on the local landscape and economy. Projects totaling $850 million or more are required to contribute 1.5% toward impact assistance. Staeben acknowledged that the actual materials cost isn’t known until the project is complete.
Commissioner John Johnson said that all too often, the estimated materials costs used by the Industrial Siting Council to determine a project’s impact assistance contribution are found to be inaccurate by the time construction begins. In his view, Commissioner Johnson said impact assistance should be reevaluated by the Council if the estimated cost was shown to be significantly different than the actual amount.
Industrial Siting Administrator Staeben, who took her position in late 2023, said she could not comment on decisions made by her predecessors. Staeben said in her administration, Industrial Siting permits are considered using the estimated numbers provided by project developers in their initial application forms. While things can change during the construction process, Staeben said the amount of impact assistance money is not reconsidered unless requested by a local government.
Commissioner Johnson said projects approved by the Industrial Siting Council may take several years to complete. By that point, Commissioner Johnson said inflation has substantially raised the project’s cost, making the original impact assistance evaluation outdated.
In those cases, Administrator Staeben advised the Board of Carbon County Commissioners to file their own amendment with the Industrial Siting Council. However, Staeben said the project developer must have enough impact assistance money left over to cover the county’s desired funding increase.
To avoid the need for an appeal, Commission Chairman Travis Moore suggested having the Industrial Siting Council reevaluate a project after construction officially begins. Since some projects take years to begin construction, material costs can vary significantly between the initial estimates and the actual expenditures. Chairman Moore asked Administrator Staeben if she was planning to implement his suggested changes.
Staeben responded that altering the operations of the Industrial Siting Council would require a change in state law. In the absence of such legislation, she said the Council has no plans to act on the Commission Chairman’s recommendation.
Commission Chairman Moore asked Staeben how many projects actually hit their estimated materials cost. The Industrial Siting Administrator said she didn’t know but offered to provide the information to the Board at a later date. Chairman Moore said those numbers would help determine if a change in state law is necessary to ensure the accuracy of the impact assistance payments.
Staeben was also asked if the Industrial Siting Council has ever denied an application based on public comments. Staeben said in her experience, the public typically doesn’t make formal complaints against a proposed project, despite her office’s best outreach efforts.
Staeben said the seven-member Industrial Siting Council is requesting increased feedback from the public. The Industrial Siting Administrator recommended submitting public comments even if individuals are unwilling to provide personal details, as the Council relies on that information to make well-informed decisions about proposed projects.
Commissioner John Johnson said he believed people are more likely to voice concerns to their local county representatives rather than travel to Cheyenne to deliver a formal statement. Administrator Staeben explained that she receives a high volume of calls and emails from the public.
However, even after individuals are provided with the necessary information to submit a public comment, they still choose not to participate. Staeben asked the Board of County Commissioners to forward any public comments they receive to her office so the information can be relayed to the Industrial Siting Council.
Commissioner Sue Jones asked if the Council has the authority to change the scope of a project in response to public input, adding that residents are less likely to submit formal comments if they believe the Council will not act on the feedback. Administrator Staeben explained that the Council determines if a project will negatively impact the area. However, Staeben said no one has requested a change of scope during her time with the organization.
Administrator Staeben acknowledged that testifying before the Industrial Siting Council can be intimidating. To make the process easier, her office offers pre-filed statements and exhibits. Staeben said impacted parties are provided with a template, allowing them to simply fill in the blanks. The information is then presented to the Industrial Siting Council for review.
Staeben explained that, using the new process, the reporting party will simply be asked by the Council if any details in their statement have changed and then invited to answer questions. The Industrial Siting Administrator said that while she cannot completely change the process, she is working to make it easier for individuals and organizations to submit comments on a project.
