High voltage power lines.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0638

SENATE FILE
NO.
SF0167

High voltage power lines.

Sponsored by:
Senator(s) Jennings

A BILL

for

AN ACT relating to the Wyoming High Voltage Power Lines and Safety Restrictions Act; modifying references to "high voltage overhead lines" as specified; modifying clearances to overhead lines as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 37
‑
3
‑
303(a)(intro) and (i), 37
‑
3
‑
304(a) and (b), 37
‑
3
‑
305 and 37
‑
3
‑
306(a)(ii) are amended to read:

37
‑
3
‑
303.

Activity near overhead line; safety restrictions.

(a)

Unless danger against contact with
high voltage
any
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
as provided by the national electric safety code
:

(A)

For lines rated fifty (50) kilovolts or less,
six (6)
ten (10)
feet of clearance;

(B)

For lines rated over fifty (50) kilovolts,
six (6)
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
37
‑
3
‑
303(a)(i)(A) or (B)
, 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
any
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.

37
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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:

(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.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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SF0167