H.B. No. 0288

Certificate of authority-high voltage transmission lines.

Sponsored By:     Representative(s) Lockhart, Harvey, Landon, Meyer and Quarberg

AN ACT relating to utilities; providing for issuance of certificates of authority for construction of high voltage electric lines by segments; and providing for an effective date.

1/27/2009   Bill Number Assigned

1/29/2009   H Received for Introduction

1/30/2009   H Introduced and Referred to H09

2/4/2009    H09 Recommended Do Pass

ROLL CALL

Ayes:  Representative(s) Brechtel, Byrd, Harvey, Lockhart, Meyer, Moniz, Roscoe, Stubson and Zwonitzer, Dv.

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/4/2009    H Placed on General File

2/5/2009    H Passed CoW

2/6/2009    H Passed 2nd Reading

2/9/2009    H Passed 3rd Reading

ROLL CALL

Ayes:  Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays:  Representative(s) Steward

Ayes 59 Nays 1 Excused 0 Absent 0 Conflicts 0

2/9/2009    S Received for Introduction

2/9/2009    S Introduced and Referred to S09

2/17/2009   S09 Recommended Do Pass

ROLL CALL

Ayes:  Senator(s) Bebout, Cooper, Hunnicutt, Larson and Martin

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/17/2009   S Placed on General File

2/19/2009   S Passed CoW

2/20/2009   S Passed 2nd Reading

2/23/2009   S Laid Back Without Prejudice

HB0288S3001/ADOPTED

Page 1-line 3           After "segments;" insert "providing rulemaking authority; providing a definition;".

Page 1-line 8           After "37-2-205(f) insert "and by creating subsections (h) and (j)".

Page 2-after line 2           Insert:

"(h)  Notwithstanding subsection (f) of this section, the commission may establish by rule and regulation a procedure which would allow construction of transmission line segments before right-of-way has been acquired provided if:

(i)  Notice has been provided to all private property owners along the entire length of the proposed line; and

(ii)  The commission provides an opportunity for private property owners who are affected by the location of the segment an opportunity to be heard concerning the location of the segment.

(j)  As used in this section, "line segment" means, as determined by the commission, a portion or length of transmission line which is constructed:

(i)  Between substations or switching stations;

(ii)  Within state or federal land;

(iii)  Within the jurisdiction of a local government entity; or

(iv)  Between certain tower or pole structures.".  BEBOUT, NICHOLAS

2/24/2009   S Laid Back Without Prejudice

HB0288S3002/ADOPTED

Page 2-after line 2           In the Bebout, Nicholas Third Reading Amendment (HB0288S3001/A) to this line, in paragraph (ii) of subsection (j) after "land;" insert "and"; in paragraph (iii) of subsection (j) after "entity" delete "; or" insert "."; in subsection (j) delete "(iv) Between certain tower or pole structures.".  MEIER, BEBOUT

HB0288S3003/ADOPTED

Delete the Bebout, Nicholas Third Reading Amendment (HB0288S3001/A) and the Meier, Bebout Third Reading Amendment (HB0288S3002/A) entirely and further amend as follows:

Page 1-line 3           After "segments;" insert "providing rulemaking authority; providing a definition;".

Page 1-line 8           Delete "37-2-205(f)" insert "37-2-205 by creating new subsections (h) and (j)".

Page 1-lines 13 through 16    Delete.

Page 2-lines 1 and 2    Delete.

Page 2-after line 2           Insert:

"(h)  Notwithstanding subsection (f) of this section, the commission may establish by rule and regulation a procedure for issuance of a certificate of authority for construction of a transmission line segment provided that:

(i)  The public utility has satisfied all requirements for the issuance of a certificate except subsection (f) of this section;

(ii)  The public utility has obtained all required right-of-way within the segment to be certified;

(iii)  Authorization to construct the transmission line within the certified segment shall not exceed ten (10) miles from the advancing end of a certificated segment, provided that the commission may waive the ten (10) mile limitation if:

(A)  The segment is located entirely between substations or switching stations; or

(B)  The entire transmission segment is located within state or federal land.

(iv)  Notice has been provided to all private property owners along the entire length of the proposed transmission line;

(v)  The commission provides an opportunity for private property owners who are adversely affected by the location of the segment an opportunity to be heard before the issuance of a certificate for a segment concerning the location of the segment or the impact of any future extension of the transmission line.

(j)  As used in subsection (h) of this section "transmission line segment" or "segment" means any continuous part of a transmission line which may include substations, switching stations or other necessary components of the transmission line.".  BEBOUT, NICHOLAS

2/25/2009   S Passed 3rd Reading

ROLL CALL

Ayes:  Senator(s) Anderson, J., Bebout, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Scott, Sessions, Townsend, Vasey and Von Flatern

Nays:  Senator(s) Burns, Case and Schiffer

Ayes 27 Nays 3 Excused 0 Absent 0 Conflicts 0

2/25/2009   H Received for Concurrence

2/26/2009   H Did Not Concur

ROLL CALL

Ayes:  Representative(s) Brown, Esquibel, K., Mercer and Shepperson.

Nays:  Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 4 Nays 56 Excused 0 Absent 0 Conflicts 0

2/27/2009   H Appointed JCC01 Members

            Representative(s) Lockhart, Steward, Stubson

2/27/2009   S Appointed  JCC01 Members

            Senator(s) Bebout, Geis, Schiffer

3/4/2009    H Adopted HB0288JC01

ROLL CALL

Ayes:  Representative(s) Anderson, R., Barbuto, Blake, Brechtel, Buchanan, Cannady, Carson, Childers, Cohee, Craft, Diercks, Hammons, Harshman, Harvey, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Meyer, Miller, Millin, Peasley, Pedersen, Petersen, Roscoe, Steward, Stubson, Teeters, Throne and Zwonitzer, Dn..

Nays:  Representative(s) Bagby, Berger, Bonner, Brown, Byrd, Connolly, Davison, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Illoway, Jaggi, Mercer, Moniz, Patton, Philp, Quarberg, Semlek, Shepperson, Simpson, Thompson, Wallis and Zwonitzer, Dv.

Ayes 33 Nays 27 Excused 0 Absent 0 Conflicts 0

3/4/2009    S Adopted HB0288JC01

ROLL CALL

Ayes:  Senator(s) Bebout, Coe, Cooper, Dockstader, Esquibel, F., Geis, Hastert, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Nicholas, Scott, Sessions, Townsend, Vasey and Von Flatern

Nays:  Senator(s) Anderson, J., Burns, Case, Decaria, Hines, Massie, Meier, Perkins, Peterson and Schiffer

Excused:  Senator(s) Ross

Ayes 19 Nays 10 Excused 1 Absent 0 Conflicts 0

HB0288JC01/AA     ADOPTED

Delete the following Senate amendments:

HB0288S3001/A

HB0288S3002/A

HB0288S3003/A

Further amend as follows:

Page 1-line 8           Delete "37-2-205(f)" insert "37-2-205 by creating a new subsection (h)".

Page 1-lines 13 through 16    Delete.

Page 2-lines 1 and 2    Delete.

Page 2-after line 2           Insert:

"(h)  Notwithstanding subsection (f) of this section, the commission may authorize the construction of segments of a transmission line before right-of-way is acquired for an entire transmission line provided that:

(i)  The public utility has satisfied all requirements for the issuance of a certificate except subsection (f) of this section;

(ii)  The public utility has obtained all required right-of-way within the authorized segment;

(iii)  Authorization to construct the transmission line within the authorized segment shall not exceed ten (10) miles from the advancing end of an authorized segment, provided that the commission may waive the ten (10) mile limitation if the transmission line segment is:

(A)  Located entirely between substations or switching stations;

(B)  Located between a substation or switching station and the state line; or

(C)  Located entirely within state or federal land.

(iv)  Notice has been provided to all private property owners along the entire length of the proposed transmission line;

(v)  The commission provides an opportunity for private property owners who are adversely affected by the location of the segment an opportunity to be heard before the authorization of a segment concerning the location of the segment or the impact of any future extension of the transmission line.".

LOCKHART, STEWARD, STUBSON, BEBOUT, GEIS

3/4/2009    Assigned Number HEA No. 0122

3/5/2009    H Speaker Signed HEA No. 0122

3/5/2009    S President Signed HEA No. 0122

3/12/2009   Governor Signed HEA No. 0122

3/12/2009   Assigned Chapter Number

Chapter No. 0202  Session Laws of Wyoming 2009.