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October 22, 2002
Oil and Gas Conservation Commission
Casper, Wyoming
Representative John Hines, co-chair
Senator Tom Kinnison, co-chair
Senators Case, Goodenough, Hanes and Harris
Representatives Diercks, Edwards, Huckfeldt, Illoway, McOmie and Ross
Emily Birtell Gardyasz
Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
Representatives McGraw and Petersen
All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO), public officials, lobbyists, and the public are referenced in the Meeting Materials Index, attached to the minutes. These materials are on file at the LSO and are part of the official record of the meeting.
Chairman Hines called the meeting to order at 9:00 a.m. and roll call was taken. Appendix 3.
Representative Illoway moved approval of the minutes for the August 27th meeting. Representative McOmie seconded. Passed. Appendix 4, Summary of Proceedings.
The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
The Committee received testimony on 03LSO-0082.W7 Fire prevention and safety (Appendix 5) and discussed various issues related to the bill as follows.
Jim Noel, State Fire Marshal and Baron Glassgow, Rocky Mountain Propane Association testified that the National Fire Protection Association (NFPA) pamphlets 54 and 58 which apply to the propane industry, can be adopted through the rulemaking process. The Committee discussed the matter and apparently there are still problems to be resolved with others in the propane industry.
Lisa Hubbard, architect and member of the council on fire prevention, electrical safety and energy efficiency in buildings, testified in favor of the draft bill and in accord with her handout. Appendix 6. Dwight Perkins, International Association of Plumbing and Mechanical Officials (IAPMO) requested that the Committee consider the NFPA for Wyoming fire standards. Stephanie Reeves, Wyoming Association of Municipalities (WAM) testified in favor of adopting the ICC. Ms. Reeves testified that some home rule communities have already adopted the ICC and that consistency is needed. The Committee discussed current training and certification procedures in the state. David LaPlante, Director of Construction for the School Facilities Commission testified that if the state does not adopt the ICC there will be a lot of conflict in building schools; there needs to be uniformity for building schools. Randy Adams, Wyoming Conference of Building Officials submitted written testimony to the Committee. See Appendix 7.
The Committee heard testimony from Jerry Bronnenberg, Wyoming Department of Health, explaining why hospitals and other health care facilities are exempt from the State Fire Marshal's jurisdiction. Ms. Hubbard testified that the Department of Health needs to do thorough plan reviews. Dan Perdue, Wyoming Hospitals Association, testified that the existing process works well. Mr. Adams testified that there is need for plan reviews at the local level. Mr. Bronnenberg testified that the Department has neither the statutory authority nor the funds needed to do plan reviews. Tom Jones, Wyoming Healthcare Association testified in favor of the Department's jurisdiction over nursing homes.
Representative Huckfeldt moved to indefinitely postpone the bill draft. Senator Kinnison seconded. Failed. After discussion, the Committee agreed to set the matter aside until the remainder of the agenda was completed.
At the conclusion of the meeting, the Committee decided that while legislation is needed, the following questions and issues need to be resolved:
v The propane industry and the State Fire Marshal need to meet and resolve differences that still exist.
v Implementation of a new code. The State Fire Marshal, WAM and building officials need a "game plan" to implement the new code and determine whether July 1, 2003 is the appropriate effective date.
v Plan review and remodeling. A new definition or threshold is needed to identify the types of remodeling (for example, electrical wiring vs. new flooring), rather than the dollar amount, that are subject to plan review provisions.
Chairman Hines and Senator Kinnison will work together to contact the State Fire Marshal and others that testified to arrange a meeting to resolve these issues. Thereafter, the Committee will meet again.
The Committee directed the State Fire Marshal to do a "quick review" of the newly available NFPA code to identify the differences between the NFPA and the ICC codes and to report back to the Legislature in January before the session starts. Then the Committee will have an option in January as to which code is the best for Wyoming.
The Committee directed LSO staff to prepare an amendment to the draft bill providing for the adoption of the NFPA code for the state.
The Committee also directed WAM and the Department of Health to submit a written summary on the issues discussed regarding fire and building codes, jurisdiction, exemption, and inspections as related to hospitals.
George Parks, WAM assured the Committee that WAM membership would like to see the state adopt the ICC code.
Senator Case explained the need for this legislation in light of the Wyoming Supreme Court's home rule decisions. Jason Marsden, Wyoming Conservation Voters and on behalf of the Wyoming Outdoor Council testified in favor of giving the counties and cities authority to regulate outdoor lighting. See appendix 9. Lynne Birleffi, Wyoming Lodging and Restaurant Association, Bill Pomeroy, Excel Energy, Erin Taylor, Pacific Power, and Ron Repasky, LAMAR Outdoor Lighting each testified against the bill. See appendix 10. Senator Kinnison moved the Committee sponsor the bill. Representative Illoway seconded. Passed 9-3. This will be a Senate file. Appendix 11.
Steve Oxley, Wyoming Public Service Commission testified that the Commission is neutral on this bill draft as there will be minimal impact on the PSC. Mr. Pomeroy, Excel Energy and Doug Larson, PacifiCorp testified on how the tariffs would be applied. Senator Harris moved to amend page 2-line 21 by deleting "options" and inserting "apparatus". Amendment passed. Senator Kinnison moved the Committee sponsor the bill as amended. Representative Illoway seconded. Passed 7 to 5. This will be a Senate file. Appendix 13.
Dave Chapman, Department of Revenue and Dixie Huxtable, Converse County Assessor and member of the Wyoming County Assessors Association testified in favor of the draft bill 03LSO-114.W4 Property tax administration. Appendix 14. Representative McOmie moved the Committee sponsor the bill. Representative Illoway seconded. Passed 11-1. This will be a House bill. Appendix 15.
Judy Eastman, Wyoming Rural Electric Association testified in accordance with her handout. Appendix 16. Ms. Eastman explained the provisions of 03LSO-0191.W1 Local rate option for cooperative utilities. Appendix 17. She testified that this bill draft is a matter of local control. The Committee received separate testimony from each PSC Commissioner, Kristin Lee, Steve Furtney and Steve Ellenbecker. Appendix 18. Senator Kinnison moved to indefinitely postpone this bill draft. Representative Ross seconded. Passed 8-4. Appendix 19.
At the next meeting, the Committee will consider whether to sponsor 03LSO-0113.C1 Campaign finance reporting. Appendix 20.
There being no further business, Chairman Hines adjourned the meeting at approximately 2:30 p.m.
Respectfully submitted,
Representative John Hines, Chairman