Wyoming State Legislature

I entered the doors of the Capitol last week full of both excitement and a bit of trepidation: Which bills would be introduced? Which bills would move forward, and which bills would die a swift death? And — would my lingering leg injury, sustained on a Search and Rescue mission last year, impede my ability to advocate?

Now, with the first week of the session behind us, I am happy to report that the Capitol is quite possibly one of the best places in the state to get around on a scooter — and that most of the bills we were concerned with met an early death.

It was a busy week, and I was glad to be joined by climate and energy policy director John Burrows and program director Alec Underwood. Together, we tracked new bills as they dropped, fought bad bills, and supported good ones through testimony and lobbying. In total, 353 bills came out. Of those, almost half have already died. 

Want to see the current status of the many bills we’ve been watching? Check out our bill tracker.

Key Updates

• Many of the bills we opposed died this week, because they either missed the introduction deadline or did not receive the two-thirds majority vote needed to pass introduction in a budget session.
  
• SJ01, which would have supported federal land transfer to the state, died on introduction. We strongly opposed this bill.
  
• HB94, which would have increased the generation cap for net-metering systems, died on introduction. We supported this bill.
  
• Numerous bills negatively targeting wind and solar energy have died or been withdrawn. 

Actions to Take

There are multiple sections of the budget that impact conservation. As the budget enters its second and third readings this week, we strongly encourage you to call or email your legislators to let them know you support the following parts of the budget:

• Protecting the Kelly Parcel: We’re closer than ever to ensuring protections for the Kelly Parcel. According to thousands of Wyomingites as well as former governors, protecting the Kelly Parcel is a win for Wyoming! We need legislators to support Section 324 of the budget, which would allow for the direct sale of the Kelly Parcel to the National Park Service. Learn more and contact your legislators below.

• Ensuring our state agencies are appropriately staffed: Let your legislators know that you support retaining staffing requests for agencies that influence conservation, including the Department of Environmental Quality, the Office of State Lands and Investments, and the Wyoming Energy Authority. (The budget sections related to these agencies, respectively, are Sections 020, 060, and 090.)
• Combating invasive grasses: Tell your legislators to fully fund the governor’s request to fight invasive grasses to support wildlife, livestock, and ranchers as part of the Wyoming Wildlife and Natural Resource Trust. The governor originally asked for $20 million, but his request was reduced to $5 million, with a difficult requirement for a 3:1 match with non-state funds. 
• Funding the Grant Management Office: Tell your legislators to support the funding of this office within the State Budget Department with $500k to support both the state and local governments in finding and securing grants.

Bills We’re Following

Some of the surviving bills we are focusing on are listed below. For the full list, please see our bill tracker.

HB01, SF01  |  Budget Bills  |  Support/Amend

These are the most important bills of the session and the only ones that are constitutionally required. They will be heavily amended on second and third readings this week before a conference committee made up of members of both chambers will try to reconcile their differences and create a budget both chambers can approve. See above in Actions to Take for ways to influence what is included in the final budget.

HB33  |  Mining Operations Blasting Requirements  |  Support 

This bill provides clarity and authorization for the DEQ to regulate non-coal blasting. (While coal blasting is already regulated, non-coal blasting is not.) Blasting can have substantial impacts outside of the mine — affecting wildlife, ground and surface water, and nearby structures. 

HB35  |  Limitation on Environmental Rulemaking  |  Monitor

We worked this bill through the interim — shifting it from a bad one to a reasonable one. As originally written, it would have prohibited the DEQ from making any regulations stricter than federal ones (such as from the Environmental Protection Agency). There are times, such as when there were air quality concerns near Pinedale, when regulating more strictly has significantly benefited Wyoming. As it stands right now, this bill puts the DEQ’s existing practices into law. We’ll watch this bill to make sure that it does not revert back to the original.

HB36  |  Natural Resource Protection Act  |  Oppose

This bill is one of several that pushes back against the Bureau of Land Management’s Rock Springs Resource Management Plan. This bill would give the governor and the attorney general the power to decide if federal laws or regulations regarding land management, such as the RS RMP, do not comply with other federal laws. They could then direct all state and local entities to refuse to enforce these federal laws if they are deemed to not be in the best interest of the state.  

HB67  |  Outdoor Recreation and Tourism Trust Fund Administration-2  |  Support

This bill would set up the guidelines for administering the Outdoor Recreation and Tourism Trust Fund, which was established during the 2023 legislative session. During the interim, we worked to add wildlife considerations to this bill. Numerous studies confirm the impact that recreation can have on wildlife, and while we support and enjoy outdoor recreation, we want to be sure that it is appropriately planned and implemented. 

This bill is an example of some of the new dynamics we’re seeing this session. The “2” at the end of this bill indicates that it is a copy of the committee bill that was introduced in the senate, SF40. This committee bill (and a surprising number of other committee bills) was killed on introduction, without discussion, when it did not reach the required two-thirds majority. It’s a move that bucks tradition and wastes significant investment of time and money made by legislators, state agencies, and the public who weighed in on the committee bill during the interim.

SF44  |  Limited Mining Operations amendments  |  Oppose

This bill expands the limited mining operations category (an exception to more rigorous permitting) from inert sand and gravel mining operations to include any non-coal mineral, except those associated with nuclear regulations. This includes rare earths, gold, and other resources which could be associated with heavy metals or other pollutants of significant concern. It also removes all local control by prohibiting county commissioners from denying permits and then removing the ability for meaningful public comment from those who may be impacted. 

SF 64  |  Mineral Royalties Proportional Severance Tax Return  |  Oppose

Bills like this one — in which lawmakers propose to reduce the severance taxes fossil fuel companies pay to the state — have become common in recent years. We are opposed to this bill because studies conducted by the state continue to confirm that geology is more important than tax rates in encouraging or discouraging exploration and production. Although Wyoming must reduce its dependence on fossil fuel taxes and diversify its economic base, we believe it is poor policy to continue to reduce taxes on these industries, especially at a time of record profits for many companies. 

What to Watch for This Week

Today, Monday, lawmakers will move through their second reading of the budget. While the first reading was a simpler walk-through of its contents, the second reading will be full of amendments and could be quite contentious. The third reading of the budget, scheduled for Wednesday, will bring even more amendments.

This week will also see more deadlines and chances for bills to die:

• Wednesday is the last day for bills to pass the Committee of the Whole in their house of origin.
• Friday is the last day for bills to make it through smaller and more specific standing committees. These standing committees are the only chance the public has to testify on a bill before legislators.
• Bills that have not passed the second reading in their house of origin by next weekend (Feb. 24–25) will be dead for the session.

You can find these deadlines (and which bills will be discussed in which committees) here.

Need a refresher on how a bill becomes a law, and how bills die throughout the process? Check out our recent blog on the journey from bill to law.

Thank You

I’d like to extend a huge thanks to those who answered our call last week to support the Kelly Parcel. You may not think that your one email can make a difference, but I assure you — it does! In fact, I often hear legislators and the governor’s office referencing messages from constituents.

If not for the power of your engagement with lawmakers, our work at the Capitol would have much less weight. Thanks for being a part of our team, and stay tuned for future alerts. We’ll also keep our State Legislature page fresh with action alerts as they arise.

Onward as the fog begins to lift!

For me, today’s not just another Monday. It’s the kickoff to the budget session of the 67th Wyoming Legislature — a day that’s been circled in big, bold strokes on my calendar for months.

So what will happen, you ask, on this Not-Just-Any-Monday?

Let’s start with what we know: When this email reaches your inbox, I’ll be on my way to the Capitol. At 10 a.m., Gov. Mark Gordon will deliver his State of the State address to the House and the Senate. And at 2 p.m., both chambers will hold opening ceremonies before beginning their discussions on the many, many non-budget bills on the docket.

We know that many of those bills will die before the week is out, because they won’t reach the two-thirds majority required to be introduced before Friday’s deadline.

Finally, we know that I (along with WOC program director Alec Underwood and energy and climate policy director John Burrows) will do plenty of racing through the halls as we track the conservation-related bills we’ve prioritized. Keep an eye on our bill tracker to follow along as we monitor, support, oppose, and suggest amendments to these bills.

There’s still plenty we don’t yet know, and won’t know, until the end of this week — like which bills will die before they see the light of day and what new bills lawmakers will publish before the window for new legislation closes on Wednesday. It’s what we don’t yet know that will make this week so dynamic and action-packed.

Today we’ll begin by diving into uncertainty, but as the days unfold, we’ll know more and more — and our priorities will become clearer. Every step of the way, our bill tracker will provide updated information about which bills have died and where the rest of them are in the process. 

That process isn’t the most straightforward thing in the world, so we’ve included a helpful guide to the journey from bill to law below. It’ll help you get the most out of our bill tracker, so it’s worth a look!

As the session progresses, you’ll hear us note where bills of interest are on their road to becoming law. This infographic lays out the entire process! But here’s a little more detail.

The Speaker of the House or President of the Senate picks the order of bills to be introduced to their respective chambers. Introduction is the First Reading of a bill.

During this year’s budget session, a bill must pass a two-thirds majority vote to be introduced. (This step is skipped in a General Session.) If the bill passes the introductory vote, the Speaker or President then assigns it to a Standing Committee. 

The Committee Chair determines when, or even if, a bill will be heard by the committee. If it is heard, the committee reviews the bill, hears input from the public, considers amendments, and votes on if or how to recommend the bill to the full chamber.

If the bill moves out of committee, it is then placed on General File. This “file” is where bills wait before they are debated by the entire House or Senate. The Majority Floor Leader decides the order of bills on General File. They (like committee chairs and the Speaker or President) can work to keep a bill from being discussed by keeping it at the end of the list. 

The Committee of the Whole is the entire chamber (House or Senate). The Committee of the Whole debates the bill and decides whether to support or reject the recommendation from the committee, or to amend it. If a majority votes to support the bill, it then moves to Second Reading, where it can be amended and/or voted on again. Unless there is an amendment, this step is expedited by putting the bill on a Consent List where it is voted on as a package with other bills. Any legislator can ask that a bill be removed from the consent list, discussed, and voted on separately. (Introduction and Third Reading votes may also be expedited by utilizing consent lists as well.)

Each bill has a Third Reading where it can again be amended before being voted upon. If it passes, all amendments are engrossed, which means they are added to the bill before it moves to the other chamber. This whole process, from Introduction to Third Reading, is then repeated in the other chamber. 

If the bill is amended in the second chamber, the first chamber may agree with these changes, or not. If not, it is sent to a Conference Committee. This committee is made of members of both chambers. They attempt to work out the differences between the bills and create a version that both chambers can approve.

Once both chambers agree on the same version of a bill, it is then enrolled and sent to the governor. The governor can sign it into law, let it become law without his signature, or veto it. The legislature can override a veto with a two-thirds majority of both chambers. 

The bill then takes effect on the effective date.

It’s important to remember that the budget bill follows a different process. For more on the budget process, see our blog about demystifying Wyoming’s budget.

Follow the action

All floor proceedings and committee meetings during the 2024 Budget Session will be broadcast live via the Wyoming Legislature’s YouTube channel. That’s also where recordings (of this session as well as past sessions) can be found.

Find our bill tracker

Get the latest information on the bills we support and oppose with WOC’s bill tracker on our State Legislature webpage. Learn about the bills we’re tracking and where they are in the journey from bill to law.

Get your lobbying skills in tip-top shape

Are you looking to deepen your grassroots lobbying skills? It’s not too late to sign up for the Equality State Policy Center’s free SHAPE training, which takes place virtually next week. (You might just get hooked … In fact, this is how Era got her first taste of the legislative process years ago!)

The Wyoming Outdoor Council is a coalition member of ESPC. 

Capitol collaborations

ESPC, along with the Wyoming Independent Citizens Coalition and the Wyoming Civic Engagement Network, invite you to Capitol Collaborations, an event to bring together the vibrant Latino and Hispanic communities in Wyoming at the Capitol. This free event includes a tour of the Capitol and a chance to learn more about the state’s legislative process. Capitol Collaborations will happen March 1. Details and registration HERE.

Thanks for asking!

In last week’s Legislative Lowdown, we demystified the state budget and budget process. We received this follow-up question in response.

Q: You’ve said the budget impacts conservation by distributing funding to agencies such as the DEQ and Wyoming Energy Authority … but what about Game and Fish?

Wyoming Game and Fish Department’s budget is not part of the general budget bill or the broader state budget process. They do not receive State General Funds, and instead generate their own revenue.

Keep the questions coming! To learn more about Wyoming’s budget process, be sure to visit last week’s Lowdown.

One last thing: During this busy first week, chances are good we’ll call on you to voice your support for good bills, or help stop bad bills in their tracks. So keep an eye out for action alerts in your email inbox and on our social media. (Here’s our Instagram and Facebook.) You can also find plenty of advocacy tools on our State Legislature page. Thank you in advance for speaking up for conservation.

To borrow a phrase from my other role, on my county’s Search and Rescue team, onward into the fog! 

One week from today, the 93 citizen lawmakers of the Wyoming State Legislature will convene to kick off the 2024 legislative session — a budget session. Before that, though, let’s do a quick gut check: What happens when you hear the words, “It’s time to talk about the state’s budget?”

If you’re as engrossed in state fiscal policy as I am, maybe these words cause your ears to perk up … but if you’re not, it’s likely your eyes are already glazing over and you may be asking yourself why the state’s budget should matter to you at all.

I completely get it: Discussions about the budget are often obscure, inaccessible, and confusing. But it doesn’t have to be that way. Moreover, it shouldn’t be that way — because the budget lawmakers eventually approve in the next several weeks will impact you, me, and everyone else in Wyoming.

So, let’s demystify the state’s budget and discuss what in the world all of this has to do with conservation.

(If after reading the budget still feels convoluted and complex — or you just want to know more — there’s a spot below where you can ask us your burning questions!)

What does Wyoming spend its money on?

Wyoming budgets its revenue for all the state institutions and services we rely on: schools, state agencies, family services, roads, corrections, and local governments — to name a few!

Great — but why does the budget matter for conservation?

Broadly, the budget distributes (or, in some cases, denies) funding to state agencies that influence the conservation and protection of Wyoming’s lands, air, wildlife, waterways, and quality of life. Numerous agencies fall into this category, including the Wyoming Energy Authority and the Department of Environmental Quality.

Where does the money for Wyoming’s budget come from?

Wyoming’s major revenue sources are sales and use taxes, severance taxes (imposed on the extraction of natural resources), federal mineral royalties, mineral ad valorem taxes (similar to property taxes, but based on mineral rights), and federal funds. Unlike most states, Wyoming does not fund its operations entirely with tax revenue and federal funds — investment income is also a significant source of funding. Much of the money in these investment funds came from severance tax revenue saved over time.

How do state officials know how much revenue they can spend?

Wyoming can’t spend more than predictions say we will earn in revenue. These predictions are made several times a year by the Consensus Revenue Estimating Group, a group of economics and minerals professionals, academics, and state executives. Wyoming’s revenue is highly dependent on forces outside our state’s control, including the market prices of fossil fuels and state investment income. These and many other external forces can cause dramatic fluctuations in revenue. (For example, unexpectedly high gas prices last winter may have hurt our pocketbooks, but they led to higher state revenue for the year.)

You’ve said that this year’s legislative session is a budget session. What does that mean, and how is it different from a general session?

A budget session is typically 20 days, half the length of a general session. During the budget session, lawmakers are primarily focused on agreeing on a budget to guide the state’s spending for the next biennium, or two-year period. The legislature considers other, non-budget bills during a budget session, too — but to ensure a greater focus on the budget, these other bills require a two-thirds majority vote for introduction, which can be a high bar to pass.

What’s the process to approve the state’s budget during the session?

Before the session, the governor and then the Joint Appropriations Committee (which consists of members of both the House and Senate) put in a lot of work on the budget. When the session begins, the budget bill is introduced in both chambers as identical “mirror” bills, SF001 and HB001. These bills are discussed, voted on, and amended multiple times, after which members from each chamber work out the differences between their respective bills. Then the budget is sent to the governor. The governor can sign it into law, or veto individual sections and then sign it into law. The legislature can override a veto with a two-thirds majority vote.

How can citizens get involved in the budget process?

If you know about a certain provision in the budget (see our highlights below), you can call or email your legislators to let them know what you support or oppose. Because of its length and its many, many components, following the budget bill and its progression through the chambers can be challenging. That’s where the Outdoor Council comes in — we’ll do our best to keep you updated via email on how and when you can reach out to your legislators on conservation topics within the budget.

Do we know what those budget-related conservation topics are going to be?

As of the time of this blog’s publication, this year’s budget bill has not yet been finalized. Still, we already know of several important conservation priorities within it, including:

• Section 20, Department of Environmental Quality – The DEQ (which is responsible for protecting the state’s environment while enabling economic development) requested 14 new positions to support both industry and the environment. Most of these positions are in air quality and water quality divisions. We support the addition of positions to the DEQ — with the EPA’s recent methane reduction rule and other anticipated federal air quality rules in the coming year, the DEQ needs more employees to keep up with demand and to meet federal requirements.
  
  
• Section 39, Wyoming Wildlife and Natural Resource Trust – Gov. Mark Gordon requested $20 million to protect wildlife habitat by fighting invasive grasses. We support the governor’s request. Invasive grasses such as cheatgrass pose a significant threat to biologically diverse habitats, agricultural grazing capacity, and our state’s wildlife populations.
  
  
• Section 90, Wyoming Energy Authority – The WEA, which advocates for Wyoming’s energy economy and implements its energy strategy, requested five new positions. While we would like to see all of these positions added, we are particularly supportive of the Renewable Resource Manager. As the need to diversify our economy increases, this position will increase the agency’s ability to promote responsible renewable energy growth and proper siting.
  
  
• Section 96, State Budget Department – Gov. Gordon proposed $500,000 to continue funding the work of the grant management office, which was created in 2023. This office helps Wyoming’s small and under-resourced communities by assisting them with grant applications for abundant federal funds. We support the governor’s proposal. This funding is especially important in the context of the Inflation Reduction Act and the Joint Infrastructure and Jobs Act, each of which have programs that are available to the state.
  
  
• Section 300, Kelly Parcel (and other items) – This catch-all section of the budget will include a statement asking the State Board of Land Commissioners to sell the Kelly Parcel directly to the federal government for $100 million. You may remember hearing from us recently about the proposed sale of Kelly Parcel, a piece of land prized for its irreplaceable wildlife habitat. We strongly support the direct sale of the parcel to the federal government for incorporation into Grand Teton National Park. The requested price tag is over 160% of its appraised value. At this price, the $4 million it would earn annually in income is over 1400 times the $2,800 it currently earns annually from leasing. This additional revenue could significantly contribute to funding our schools.
  

How can I make my voice heard for non-budget bills during session? And where can I find out how to contact my legislators?

Visit our State Legislature webpage to find a wealth of resources, information about contacting your legislators, and tips and tricks for making your voice heard during the session.

What other questions do you have about the budget or the upcoming session? Share them with us below!

I’ll see you next Monday (the first day of session!) for another Legislative Lowdown.

Get ready for the rodeo … the 2024 session of the Wyoming Legislature is almost here!

Last May, I proudly stepped into the role of government affairs manager at the Outdoor Council. In the nine or so months since then, I’ve been singularly focused on preparing for the upcoming session. From endless reading, research, and meetings to time spent cultivating relationships, it’s all been in support of our work in the halls of the Capitol, which will kick off in just two short weeks. Soon, there will be nothing left to do but jump in the saddle and hold onto my hat.

There are already more than 150 bills on the docket — and we anticipate many more by February 14, the last day to submit bills for consideration. That means that during the session, which lasts only a whirlwind 20 days, lawmakers and lobbyists will attempt to wrangle several hundred bills.

Once the action begins on February 12, the dust won’t settle until early March. But I’ll be at the Capitol from start to finish, along with other Outdoor Council staff. Together, we’ll work to corral support for conservation-favoring bills, bust the bad ones, and keep an eye on the issues that matter most to you.

Through it all, I’ll be sharing updates with you, in the form of weekly email newsletters and action alerts as needed — so make sure you’re signed up to receive our emails! For now, read on for more information about what to expect in this year’s session.

Barrel racing through the budget

This year’s session is a budget session. That means that when lawmakers convene, they’ll be primarily concerned with debating (and eventually modifying and passing) Gov. Mark Gordon’s proposed budget for the next biennium, the two-year period from 2025–2026.

Big questions for this year’s budget session will include if or how to fill in the gaps exposed by the end of federal COVID dollars. In 2020, declining revenue from our extractive industries compelled significant budget cuts. Many of these cuts were mitigated when federal COVID relief money to the state allowed funds for these programs.

Though the threshold for introducing non-budget bills is higher during a budget session, we’ll still see plenty of other legislation including bills in response to the Rock Springs Resource Management Plan, the Rocky Mountain Power rate case, and rising property tax valuations.

For a primer on the legislative process and how a bill becomes a law, check out the infographic below.

You can catch this and much more in the recording of our virtual 2024 Legislative Preview. Plus, I’ll be covering the nuts and bolts of the state’s budget in my first weekly legislative email newsletter — look out for it next week!

Spurring conservation action: What to expect from WOC

We’ll maintain a full-time presence in Cheyenne, tracking the action where it’s happening: in the halls of the Capitol.

We’ll keep a close eye on conservation bills. We’ll work to ensure development of state lands doesn’t come at a cost to Wyoming’s wildlife, clean air and clean water, and wide-open spaces. We’ll support responsible siting of renewable energy projects, advocate ample funding for the agencies stewarding our natural resources, and oppose the bad ideas that regularly creep into legislation, such as state takeover of federal lands.

We’ll share opportunities for you to make a difference. It makes an enormous difference when citizens speak up, and throughout the session we’ll be roping in help from supporters like you. Be sure to follow us on social media and sign up for our emails and text message alerts. (On our sign-up page, check “Yes, sign me up for text messages.”) Things can change quickly down there, but we’ll keep you in the know with weekly updates on key bills.

We’ll lift the veil on what can seem like a complex process. Our State Legislature webpage is full of useful resources to help you be an effective citizen advocate, including our Citizen’s Guides and a live bill tracker. You can also watch our virtual 2024 Legislative Preview, which contains expert tips for sharing your priorities and concerns with legislators.

We’ll publish our Conservation Vote Report after the session, which contains analyses of the conservation issues debated by lawmakers, as well as a record of how they voted on key legislation.

The rodeo’s fast on its way. If there’s one last thing I can offer you before we hop on the bull, it’s to not underestimate the power of contacting your elected officials, who are incredibly accessible. Here in Wyoming, when we reach out to them, they (not staff!) are the ones who will answer your emails and calls. Sharing your concerns and priorities with them can have an enormous impact.

If you have any questions about engaging in the legislative process to defend what you value most, drop me a line or visit our State Legislature webpage. 

Looking forward to working with you,