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STATE OF WYOMING Working Draft
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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO. [BILL NUMBER]
Tax increment financing.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
1 AN ACT relating to the Wyoming Urban Renewal Code;
2 expanding the application of the code to include the
3 provision of affordable housing; providing findings and
4 definitions; making conforming changes; and providing for
5 an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 15-9-102 by creating a new subsection
10 (d), 15-9-103(a)(iii), (xvii), (xix)(intro) and by creating
11 a new paragraph (xx), 15-9-104(a)(intro), 15-9-105(a)(i),
12 (iii), (b)(i), 15-9-106(a)(i) and (ii), 15-9-107,
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1 15-9-110(a)(iv), (b)(i), 15-9-115(a)(iii),
2 15-9-116(a)(ii)(intro) and (b) and 15-9-120(a)(i) are
3 amended to read:
4
5 15-9-102. Legislative findings.
6
7 (d) It is further found and declared that there
8 exists in municipalities of the state a lack of affordable
9 housing which is injurious to the public health, safety,
10 morals and welfare of the residents of the state; that the
11 lack of affordable housing constitutes an economic and
12 social liability imposing onerous municipal burdens which
13 decrease the tax base and reduce tax revenues and
14 substantially impairs or arrests the sound growth of
15 municipalities; and that the provision of affordable
16 housing is a matter of state policy and state concern.
17
18 15-9-103. Definitions.
19
20 (a) As used in this chapter, unless a different
21 meaning is clearly indicated by the context:
22
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1 (iii) "Blighted area" means an area which by
2 reason of the presence of not less than four (4) of
3 conditions for a blighted area specified in this paragraph.
4 The conditions for a blighted area are a substantial number
5 of slums, deteriorated or deteriorating structures,
6 predominance of defective or inadequate street layout,
7 faulty lot layout in relation to size, adequacy,
8 accessibility or usefulness, unsanitary or unsafe
9 conditions, deterioration of site or other improvements,
10 diversity of ownership, tax or special assessments,
11 delinquency exceeding the fair value of the land, defective
12 or unusual conditions of title, or the existence of
13 conditions which endanger life or property by fire and
14 other causes, or any combination of those factors,
15 substantially impairs or arrests the sound growth of a
16 municipality, retards the provision of housing
17 accommodations or constitutes an economic or social
18 liability and is a menace to the public health, safety,
19 morals or welfare in its present condition and use.
20 However, if the blighted area consists of open land, the
21 conditions contained in W.S. 15-9-110(b) apply and any
22 disaster area referred to in W.S. 15-9-112 constitutes a
23 "blighted area";
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1
2 ***********************************************************
3 *******************
4 STAFF COMMENT
5 There was also discussion of expanding the definition of
6 blighted area to include areas of distressed properties.
7 Additional revisions to the definition above could be made
8 by the Committee to broaden or expand the definition.
9 ***********************************************************
10 *******************
11
12 (xvii) "Urban renewal area" means a slum area,
13 or a blighted area or a combination thereof which other
14 area that the local governing body designates as
15 appropriate for an urban renewal project as provided in
16 this chapter;
17
18 (xix) "Urban renewal project" includes
19 undertakings and activities of a municipality in one (1) or
20 more urban renewal areas for the provision of affordable
21 housing or for the elimination and for or the prevention of
22 the development or spread of slums and blight, and may
23 involve slum clearance and redevelopment in an urban
24 renewal area, or rehabilitation or conservation in an urban
25 renewal area, or any combination or part thereof in
26 accordance with an urban renewal plan. The undertakings
27 and activities may include:
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1
2 (xx) "Affordable housing" means housing where
3 the occupant is paying no more than thirty percent (30%) of
4 their gross income for housing costs including utilities.
5
6 ***********************************************************
7 *******************
8 STAFF COMMENT
9 The definition above is based on the U.S. Department of
10 Housing and Urban Development definition of affordable
11 housing.
12
13 An alternative definition used in a recent bill in the
14 Wyoming Legislature (2023 HB 162) was as follows:
15
16 "Affordable housing" means housing that is rented to or
17 owned by a person who qualifies as a low income or moderate
18 income household as defined by the city, town or county
19 where the housing is located.
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22
23 15-9-104. Private enterprise to be preferred; when
24 considered.
25
26 (a) A municipality, to the greatest extent it
27 determines to be feasible in carrying out the provisions of
28 this chapter and consistent with its needs, shall afford
29 maximum opportunity to the provision of affordable housing
30 or the development, rehabilitation or redevelopment of the
31 urban renewal area by private enterprise. A municipality
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1 shall give consideration to this objective in exercising
2 its powers under this chapter, including the:
3
4 15-9-105. Workable program; formulation; objectives
5 and provisions thereof.
6
7 (a) For the purposes of this chapter a municipality
8 may formulate for itself a workable program for utilizing
9 appropriate private and public resources to:
10
11 (i) Provide affordable housing or eliminate and
12 prevent the development or spread of slums and urban
13 blight;
14
15 (iii) Provide for the development of the urban
16 renewal area as provided in this chapter or the
17 redevelopment of slum and blighted areas; or
18
19 (b) A workable program may include provisions for
20 the:
21
22 (i) Provision of affordable housing or the
23 prevention of the spread of blight through diligent
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1 enforcement of housing, zoning and occupancy controls and
2 standards;
3
4 15-9-106. Initiative resolution; how adopted;
5 findings.
6
7 (a) No municipality shall exercise the authority
8 conferred upon municipalities by this chapter until the
9 local governing body, on its own motion or by virtue of a
10 petition signed by twenty-five (25) or more electors of the
11 municipality, has adopted a resolution finding that:
12
13 (i) There is a lack of affordable housing or
14 that one (1) or more slum or blighted areas exist in the
15 municipality; and
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18 STAFF COMMENT
19 It may be advisable to be more specific in what constitutes
20 a lack of affordable housing, such as by establishing a
21 metric comparing the average household income to the price
22 of the housing inventory in the municipality.
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24 *******************
25
26 (ii) The rehabilitation, conservation,
27 development, redevelopment or a combination thereof of the
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1 area or areas is necessary in the interest of the public
2 health, safety, morals or welfare of the residents of the
3 municipality.
4
5 15-9-107. Preliminary requirements for projects;
6 generally.
7
8 An urban renewal project for an urban renewal area shall
9 not be planned or initiated unless the governing body, by
10 resolution, has determined the area has a lack of
11 affordable housing and is appropriate for affordable
12 housing or has determined the area to be a slum area or a
13 blighted area or a combination thereof and designated it as
14 an urban renewal area and determined the area appropriate
15 for an urban renewal project under this chapter. A
16 municipality shall not acquire real property for any urban
17 renewal project unless the local governing body has
18 approved the urban renewal project in accordance with W.S.
19 15-9-110.
20
21 15-9-110. Preliminary requirements for projects;
22 approval by and findings of governing body.
23
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1 (a) Following the hearing specified in W.S. 15-9-109,
2 the local governing body may approve an urban renewal
3 project and the plan therefor if it finds that:
4
5 (iv) The urban renewal plan affords maximum
6 opportunity, consistent with the municipality's needs, for
7 the rehabilitation, development or redevelopment of the
8 urban renewal area by private enterprise.
9
10 (b) If the urban renewal area consists of an area of
11 open land to be acquired by the municipality, the area
12 shall not be so acquired unless:
13
14 (i) If it is to be developed for residential
15 uses, the local governing body shall determine that:
16
17 (A) A shortage of housing of sound
18 standards and design which is affordable, decent, safe and
19 sanitary exists in the municipality;
20
21 (B) The There is a need for affordable
22 housing or that accommodations has been or will be
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1 increased as a result of the clearance of slums in other
2 areas;
3
4 (C) The lack of affordable housing, the
5 conditions of blight in the area and or the shortage of
6 decent, safe and sanitary housing cause or contribute to an
7 increase in and spread of disease and crime and constitute
8 a menace to the public health, safety, morals or welfare;
9 and
10
11 (D) The acquisition of the area for
12 residential uses or affordable housing is an integral part
13 of and essential to the program of the municipality;
14
15 15-9-115. Property acquired in project; disposition
16 and use generally.
17
18 (a) A municipality may:
19
20 (iii) Retain the property or interest for public
21 use in accordance with the urban renewal plan, subject to
22 any covenants, conditions and restrictions, including
23 covenants running with the land, as it deems necessary or
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1 desirable to assist in providing affordable housing,
2 preventing the development or spread of future slums or
3 blighted areas or to otherwise carry out the purposes of
4 this chapter.
5
6 15-9-116. Property acquired in project; disposition
7 to private persons; procedure; notice; proposals;
8 contracts.
9
10 (a) A municipality may:
11
12 (ii) By notice published once each week for four
13 (4) consecutive weeks in a newspaper having a general
14 circulation in the community, prior to the execution of any
15 contract to sell, lease or otherwise transfer real property
16 and prior to the delivery of any instrument of conveyance
17 with respect thereto under the provisions of this section,
18 invite proposals from and make available all pertinent
19 information to private developers or redevelopers or any
20 persons interested in undertaking to develop affordable
21 housing or to redevelop or rehabilitate an urban renewal
22 area or any part thereof. The notice shall:
23
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1 (b) The municipality shall consider all affordable
2 housing development, redevelopment or rehabilitation
3 proposals and the financial and legal ability of the
4 persons making the proposals to carry them out. The
5 municipality may accept any proposals it deems to be in the
6 public interest and in furtherance of the purposes of this
7 chapter. A notification of intention to accept a proposal
8 shall be filed with the governing body not less than thirty
9 (30) days prior to acceptance. Thereafter the municipality
10 may execute a contract and deliver deeds, leases and other
11 instruments and take all steps necessary to effectuate a
12 contract in accordance with the provisions of W.S.
13 15-9-115.
14
15 15-9-120. Taxes upon property; authorized division
16 thereof.
17
18 (a) Any urban renewal plan may contain a provision
19 that taxes, if any, levied upon taxable property in an
20 urban renewal