37-3-201.

37-3-201.

37-3-203. Appeals from commission orders; refunds if orders upheld; utility duties.

(a) If any natural gas utility contests or appeals any public service commission order pursuant to this article and the order is suspended pending the prosecution of the appeal and the order is upheld in whole or in part:

(i) A refund if practical shall be paid to each customer who received gas service from the original proposed effective date of the order;

(ii) The refund shall be equal to the difference between the price of gas actually charged and the price that would have been charged under the order;

(iii) The utility shall keep accurate, detailed records of which customers are entitled to refunds; and

(iv) The refund shall be made no later than thirty (30) days after a final judgment upholding the public service commission order. Refunds shall be made pursuant to public service commission order.  37-3-204. Repealed By Laws 2011, Ch. 52, § 1.

37-3-205. Prohibition against recovery of cost of stored gas.

A natural gas utility shall not be permitted to recover from its customers any cost related to any natural gas in storage upon which the utility was not permitted by the public service commission to earn a rate of return.

ARTICLE 3 - HIGH VOLTAGE LINE SAFETY

37-3-301. Short title.

This act shall be known and may be cited as the "Wyoming High Voltage Power Lines and Safety Restrictions Act."

37-3-302. Definitions.

(a) As used in this act:

(i) "Authorized person" means:

(A) An employee of a public utility which produces, transmits or delivers electricity;

(B) An employee of a public utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a public utility;

(C) An employee of an industrial plant whose work relates to the electrical system of the industrial plant;

(D) An employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments; or

(E) An employee or agent of state, county or municipal agencies which have or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type.  (ii) "High voltage" means voltage in excess of six hundred (600) volts measured between conductors or between a conductor and the ground;

(iii) "Overhead line" means all bare or insulated electrical conductors installed above ground;

(iv) "Person" or "business entity" means those parties who contract to perform any function or activity upon any land, building, highway or other premises, excluding those parties providing emergency services including emergency rescue operations and fire protection services;

(v) "Public utility" means a public utility as defined in W.S. 37-1-101(a)(vi) which owns or operates a high voltage overhead line;

(vi) "This act" means W.S. 37-3-301 through 37-3-306.

37-3-303. Activity near overhead line; safety restrictions.

(a) Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided by W.S. 37-3-304 a person or business entity, individually or through an agent or employee or as an agent or employee, shall not:

(i) Require any other person to perform any act if at any time during the performance of the act it is possible that the actor could move or be moved closer to any high voltage overhead line or if it is possible that any part of any tool or material used by the actor could be moved closer to any high voltage overhead line during the performance of the act than the following clearances:

(A) For lines rated fifty (50) kilovolts or less, six (6) feet of clearance;

(B) For lines rated over fifty (50) kilovolts, six (6) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.

(ii) Operate any mechanical equipment or hoisting equipment or any load of equipment, any part of which is capable of vertical, lateral or swinging motion closer to any high voltage overhead line than the following clearances:  (A) For lines rated fifty (50) kilovolts or less, ten (10) feet of clearance;

(B) For lines rated over fifty (50) kilovolts, ten (10) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.

37-3-304. Activity in close proximity to lines; clearance arrangements; procedure; payment; notice.

(a) If any person or business entity desires to temporarily carry on any act in closer proximity to any high voltage overhead line than permitted by this act, the person or business entity responsible for performing the work shall promptly notify the appropriate public utility and shall ask the public utility for assistance. An agent or employee of the public utility shall prepare and sign a memorandum stating the public utility received a request for assistance. The person or business entity may perform the work only after developing satisfactory safety arrangements, including coordination of work and construction schedules, with the public utility. Arrangements may include placing temporary mechanical barriers to prevent contact between material, equipment or persons and the high voltage overhead lines or temporary shut down and grounding or temporary relocation or raising of the high voltage overhead lines.

(b) Except where the public utility has installed lines within ten (10) feet of an existing fixture or structure the person or business entity responsible for performing the work in the vicinity of the high voltage overhead lines shall pay the public utility's actual expenses in providing safety arrangements. The public utility is not required to begin the safety arrangements until a written agreement for payment has been made.

(c) The public utility shall begin the safety arrangements according to the agreement signed pursuant to subsections (a) and (b) of this section.

37-3-305. Indemnification.

If a violation of this act results in physical or electrical contact with any high voltage overhead line, the person or business entity violating this act is liable to the public utility for all damages to the facilities and all costs and expenses, including damages to third parties, incurred by the public utility as a result of the contact.

37-3-306. Exemptions.

(a) This act shall not apply to:

(i) Construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems;

(ii) Any person lawfully occupying the land on which the high voltage overhead line is located and engaging in the regular and ordinary functions and activities of farming, ranching or other agricultural functions and activities.

ARTICLE 4 - WILDFIRE MITIGATION

37-3-401. Definitions.

(a) As used in this article:

(i) "Economic loss" means pecuniary loss, including losses resulting from medical expenses, business interruption, loss of business, property damage loss, replacement services loss, loss due to death and burial costs to the extent recovery for the loss is allowed under the laws of Wyoming;

(ii) "Electric utility" means any person, including cooperative electric utilities that perform any of the functions specified in W.S. 37-1-101(a)(vi)(C), that is authorized to engage in business in Wyoming and that is primarily engaged in the generation, transmission or sale of electric energy. "Electric utility" shall not include any electric utility owned or operated by a city or town;

(iii) "Wildfire" means an unplanned, unwanted fire burning within Wyoming that may impact, damage or cause harm to natural resources, agricultural resources, homes and property or that threatens lives and safety.

37-3-402. Wildfire mitigation plans; preemption; commission authority; applicability.  (a) Nothing in this article shall be construed to limit the commission's authority to regulate utilities or promulgate rules under other provisions of this title.

(b) Wildfire mitigation plans approved by the commission shall preempt any part of a local land use plan or ordinance that would impede or preclude an electric utility from implementing the wildfire mitigation plan.

37-3-403. Electric utilities; wildfire mitigation plans; contents.

(a) Each electric utility shall prepare a wildfire mitigation plan that shall include, at a minimum:

(i) A description of the electric utility's service territory and the areas within the service territory or rights- of-way that may be subject to a heightened risk of wildfire;

(ii) A description of the procedures, standards and schedules that the electric utility will use to inspect and operate its transmission and distribution infrastructure, if any;

(iii) A description of the procedures and standards that the electric utility will use to perform vegetation management;

(iv) A description of proposed modifications, replacements and upgrades to facilities and preventative programs that the electric utility will implement to reduce the risk of its electric facilities initiating a wildfire;

(v) A description of how the electric utility's wildfire mitigation strategies and policies have changed in the immediately preceding five (5) years;

(vi) A description of how the electric utility will coordinate with other electric utilities regarding any shared facilities;

(vii) A description of procedures and considerations for de-energizing power lines and disabling reclosers to mitigate potential fires, including:

(A) The ability of the electric utility to reasonably access the proposed power line to be de-energized;  (B) Balancing the risk of wildfire with the need for the continued supply of electricity to a community;

(C) Any potential impact that de-energizing lines may have on the resilience of the remainder of the electric utility's transmission and distribution facilities, if any;

(D) The need to provide notice to customers and the public before or as soon as practicable after de- energization;

(E) Any need to communicate and coordinate with any other electric utilities that may be impacted by a de- energization and any plans to accomplish communications, including communications with transmission operators, reliability coordinators and cooperative member systems;

(F) Anticipated potential impacts to public safety.

(viii) A description of the procedures the electric utility intends to use to restore its electrical system in the event of a wildfire;

(ix) For electric utilities whose rates are regulated by the commission, a description of the estimated incremental costs and potential associated rate impacts for the implementation of the wildfire mitigation plan, including system improvements and upgrades;

(x) A description of community outreach and public awareness efforts before and during the wildfire season, particularly in areas impacted by wildfires or de-energizations;

(xi) A description of potential participation with emergency coordinators, if applicable;

(xii) Input from the Wyoming state forestry division of the office of state lands and investments, an association representing Wyoming rural firefighters, counties and any other appropriate federal, state or local fire entity.

(b) Not later than five (5) business days after a fire mitigation plan is submitted to the public service commission for approval under W.S. 37-3-404(a), the electric utility shall provide direct notice that a wildfire mitigation plan has been filed with the public service commission to all conservation districts, municipalities and counties in the electric utility's Wyoming service territories.

37-3-404. Wildfire mitigation plans; commission approval.

(a) An electric utility shall apply to the commission for approval of a wildfire mitigation plan.

(b) Upon receiving an application for approval of a wildfire mitigation plan, the commission shall, not later than one hundred twenty (120) days after receipt, unless the commission deems it is necessary to continue the implementation of the wildfire mitigation plan for a longer period of time and the commission has entered an order confirming the continuance and stating the facts making the continuance necessary, approve the plan if the plan is reasonable, in the public interest and appropriately balances the costs of implementing the plan with the risks of a potential wildfire. For electric utilities whose rates are regulated by the commission, approval of a wildfire mitigation plan shall not automatically confer to the electric utility the right to recover the costs associated with the wildfire mitigation plan. An electric utility whose rates are regulated by the commission may seek, and the commission may authorize, cost recovery for the costs associated with implementing a wildfire mitigation plan.

(c) Each electric utility shall submit subsequent or updated plans to the commission not later than every fifth year after the electric utility last submitted a plan to the commission or as ordered by the commission. The commission shall review and approve subsequent plans in accordance with subsection (b) of this section.

(d) Not later than June 1 in the year following any year in which the commission approves a wildfire mitigation plan under this section, an electric utility shall file an annual report with the commission detailing the electric utility's compliance with the approved wildfire mitigation plan and shall request an order of the commission finding that the electric utility has substantially complied with the plan during the preceding year.

37-3-405. Wildfire mitigation plans; recovery of costs.  (a) Except as otherwise provided in this section, there shall be a presumption in any civil action that the approved wildfire mitigation plan is a reasonable and prudent preparation for, and mitigation of, wildfire risk.

(b) An electric utility and a landowner with an alleged wildfire related claim shall negotiate in good faith before any landowner files a civil action against the electric utility. During negotiations, an electric utility shall respond to a landowner not later than ninety (90) days after receipt of the landowner's submission of itemized damages.

(c) A plaintiff may recover economic loss from an electric utility as a result of a wildfire only if the plaintiff shows one (1) or more of the following by a preponderance of the evidence:

(i) The electric utility failed to substantially comply with an approved wildfire mitigation plan, and that failure was the actual and proximate cause of the damages to the plaintiff. For purposes of this paragraph, an electric utility shall be deemed to have substantially complied with the wildfire mitigation plan if the electric utility attempted in good faith to comply with the plan but was denied or unreasonably delayed access to a right-of-way after the electric utility requested access to the right-of-way to perform vegetation management or fire mitigation work in accordance with the plan and the denial or delay was a proximate cause of the damages to the plaintiff. A denial or delay shall not be deemed a proximate cause of the damages unless the electric utility made reasonable efforts to enforce their easement access rights within a reasonable time;

(ii) The electric utility acted with gross negligence, malice or criminal intent, and the electric utility's action was the actual and proximate cause of the damages to the plaintiff.

(d) The following shall apply in any civil action filed under subsection (c) of this section that any plaintiff brings against an electric utility for damages caused by wildfire:

(i) An action against an electric utility for damages caused by a wildfire shall be brought not later than four (4) years after the date of the ignition of the wildfire;

(ii) A plaintiff may recover economic losses;  (iii) No plaintiff shall recover noneconomic damages unless the plaintiff's claim is based on the injury or death of any person in a wildfire;

(iv) Nothing in this section shall be construed to limit any defenses that an electric utility may be entitled to raise in a civil action for damages caused by wildfire.

(e) Nothing in this section shall be construed to apply to any action against an electric utility for:

(i) Any act or omission taken by the electric utility that is not addressed or covered in the electric utility's wildfire mitigation plan;

(ii) Any act or omission taken by the electric utility that causes damages or losses not caused or created by a wildfire.

CHAPTER 4 - TRANSMITTING UTILITY ACT

37-4-101. Citation.

This act shall be known, and may be cited as, the "Transmitting Utility Act."

37-4-102. Definitions.

(a) When used in this act, the following words, terms and phrases shall have the meaning prescribed to them in this section:

(i) "Transmitting utility" means any corporation or other business entity primarily engaged, pursuant to rights or franchises issued by a state or federal regulatory body, in the railroad or street railway business, the telephone or telegraph business, the transmission of oil, gas or petroleum products by pipeline, or the transmission or the production and transmission of electricity, steam, gas or water;

(ii) "Uniform Commercial Code" means chapter 219, Session Laws of Wyoming, 1961, as amended.

37-4-103. Filing security interests.

(a) If filing is required under the Uniform Commercial Code, the proper place to file in order to perfect a security interest in personal property or fixtures of a transmitting utility is in the office of the secretary of state.

(b) When the financing statement covers goods of a transmitting utility which are or are to become fixtures, no description of the real estate concerned is required.

(c) A security interest in rolling stock of a transmitting utility may be perfected either as provided in section 20(c) of the Interstate Commerce Act or by filing a financing statement pursuant to the Uniform Commercial Code as provided in subsection (a).

37-4-104. Effect on Uniform Commercial Code and other laws.

Unless displaced by the specific provisions of this act, the Uniform Commercial Code and other applicable laws remain in full force and effect and supplement the provisions of this act.

CHAPTER 5 - WYOMING PIPELINE AUTHORITY AND WYOMING INFRASTRUCTURE AUTHORITY

ARTICLE 1 - IN GENERAL

37-5-101. Repealed by Laws 2019, ch. 34, § 4.

37-5-102. Repealed by Laws 2019, ch. 34, § 4.

37-5-103. Repealed by Laws 2019, ch. 34, § 4.

37-5-104. Repealed by Laws 2019, ch. 34, § 4.

37-5-105. Repealed by Laws 2019, ch. 34, § 4.

37-5-106. Repealed by Laws 2019, ch. 34, § 4.

37-5-107. Repealed by Laws 2019, ch. 34, § 4.

37-5-108. Repealed by Laws 2019, ch. 34, § 4.

37-5-109. Repealed by Laws 2019, ch. 34, § 4.

ARTICLE 2 - BONDS

37-5-201. Repealed by Laws 2019, ch. 34, § 4. 37-5-202. Repealed by Laws 2019, ch. 34, § 4.