Infrastructure authority-energy transmission.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0147

ENROLLED ACT NO. 19, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to
the Wyoming infrastructure authority; expanding facilities authorized under the authority to include energy transmission facilities, including coal distribution facilities and ports;
and providing for an effective date.

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

Section 1.

W.S. 37
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301(b), 37
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302(a)(iii), 37
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303(a)
and
(b), 37
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304(a)(x), 37
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305(d) and 37
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306 are amended to read:

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301.

Wyoming infrastructure authority.

(b)

The authority shall be governed by a board composed of five (5) members appointed by the governor, with the advice and consent of the senate. The members of the initial board shall be appointed for staggered terms, two (2) members for terms of one (1) year each and the other members for terms of two (2), three (3) and four (4) years, respectively, as designated at the time of appointment. Thereafter all members shall be appointed for four (4) year terms. The governor may remove any member as provided in W.S. 9
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202. Vacancies shall be filled by appointment by the governor in accordance with W.S. 28
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101. The members shall elect from the membership a chairman, vice-chairman and secretary. A majority of persons appointed and serving as members shall be qualified voters of the state of Wyoming with special knowledge, as evidenced by college degrees or courses, or with at least five (5) years experience in managerial positions, in the field of electric
or energy
transmission or generation development, or natural gas or coal production, transportation, marketing or industrial or municipal consumption. Members of the board may receive the same per
diem, expenses and travel allowance as members of the legislature while in actual attendance at meetings of the board and the performance of their duties relative thereto.

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302.

Definitions.

(a)

As used in this article and W.S. 37
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401 through 37
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408:

(iii)

"Facilities" means electric

or energy
transmission facilities
, including distribution facilities and ports,
and related supporting infrastructure, including any interests therein.

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303.

Purposes; budget.

(a)

The purpose for which the authority is created is to diversify and expand the Wyoming economy through improvements in the state's electric

and energy
transmission infrastructure and to facilitate the consumption of Wyoming energy by planning, financing, constructing, developing, acquiring, maintaining and operating electric transmission facilities, advanced coal technology facilities,

coal distribution facilities including ports,
advanced energy technology facilities and related supporting infrastructure and undivided or other interests therein to facilitate the transmission of energy. In order to provide for the financing, construction, development, maintenance, upgrade and operation of existing and new electric

and energy
transmission facilities, the authority may own, lease or rent facilities constructed pursuant to the authority conferred herein, and all facilities, structures and properties incidental and necessary thereto, to facilitate the transmission of energy.

(b)

The facilities and related supporting infrastructure may include all facilities, structures and properties incidental and necessary or useful in the production
, distribution
or transmission of energy.

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304.

Powers of the authority.

(a)

In exercising the rights and powers granted to it, the authority shall be vested with authority to:

(x)

Investigate, plan, prioritize and establish corridors for the transmission of electricity

and energy
;

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305.

Bonds.

(d)

Any bonds issued hereunder shall be payable from and be secured by the pledge of the revenues derived from the operation of the electric

or energy
transmission facilities or other facilities, as constructed, acquired, extended or improved with the proceeds of the bonds, subject only to prior payment of the reasonable and necessary expenses of operating and maintaining the facilities. Any bonds issued hereunder may also be payable from unexpended bond proceeds. Any holder of the bonds may by appropriate legal action compel performance of all duties required of the authority in order to enforce payment of the bonds when due. If any bond issued hereunder is permitted to go into default as to principal or interest, any court of competent jurisdiction may, pursuant to the application of the holder of the bonds, appoint a receiver for the facilities, who shall operate the same and collect and distribute the revenues thereof pursuant to the provisions and requirements of the resolution authorizing the bonds.

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306.

Use of net revenues.
The authority, acting alone or in cooperation with any agency of the state of Wyoming may use and employ any net revenues derived from the facilities herein authorized or from any other source, after providing for all the costs of maintenance and operation of the facilities and after making the required principal and interest payments on any revenue bonds issued and any other payments provided in any resolution or resolutions authorizing the issuance and sale of revenue bonds and obligations, in extending and improving the facilities as the board of the authority may determine to be warranted by the need for electric

or energy
transmission facilities. If the board determines that no need exists, the net revenues shall be paid to the state treasurer for credit to the state general fund.

Section 2.

This act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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