Underground facilities notification-exemption.

Plain English Breakdown

The official source material did not provide specific details on how 'routine county road maintenance' is defined beyond regular grading without altering original grade, width, or flow line.

Exemption from Underground Facility Notification for Routine County Road Maintenance

This act exempts routine county road maintenance activities from certain notification requirements under the Wyoming Underground Facilities Notification Act.

What This Bill Does

• Defines 'routine county road maintenance' as regular grading of a road or roadside drainage ditch that does not go more than four inches below the surface and does not change the original grade, width, or flow line.
• Exempts routine county road maintenance from the notice requirements under the Wyoming Underground Facilities Notification Act.
• Requires operators to notify counties if an underground facility is within an 'area of risk' near a county road.

Who It Names or Affects

• County governments responsible for maintaining roads
• Operators of underground facilities

Terms To Know

Area of risk

An area not more than fifty feet from each side of an underground facility that contains hazardous materials or is buried less than twenty-four inches deep.

Routine county road maintenance

Regular grading of a county road to maintain its surface condition without altering the original grade, width, or flow line.

Limits and Unknowns

• The exemption does not apply if the maintenance is within an area identified as high-risk by underground facility operators.
• Operators must provide notice about areas of risk to counties on a yearly basis starting from June 1, 2020.

Official Summary Text

Bill Summary - 20LSO-0322
Bill No.:

HB0057

Effective:

Immediately

LSO No.:

20LSO-0322

Enrolled Act No.:

HEA No. 0036

Chapter No.:

59

Prime Sponsor:

Laursen

Catch Title:

Underground facilities notification-exemption.

Subject:

Underground public utility facilities.

Summary/Major Elements:

The bill exempts routine county road maintenance from notice requirements under the Wyoming Underground Facilities Notification Act. Routine county road maintenance means the regular grading of a county road for the purpose of maintaining the surface condition of the road or a roadside drainage ditch that does not extend more than four (4) inches below the surface and does not result in alteration of the original grade, width or flow line.

The exemption does not apply if the maintenance is within an area of risk as specified in notice by the operator of the underground facility. An operator of an underground facility that the operator determines to be within an area of risk may provide to a county written notice of the underground facility. If an operator provides this notice it shall do so within a specified time. An area of risk is an area not to exceed fifty (50) feet from each side of an underground facility that is located under or near a county road and that:

Contains hazardous materials that present an extreme risk to the health and safety of persons; or

Is buried at a depth of less than twenty-four (24) inches.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

20LSO-0322

ORIGINAL House

Bill No
.
HB0057

ENROLLED ACT NO. 36,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to underground public utility facilities; exempting specified routine county road maintenance from the provisions of the Wyoming Underground Facilities Notification Act; providing for notice as specified; providing definitions; and providing for an effective date.

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

Section 1
.

W.S. 37
‑
12
‑
301(b) by creating new paragraphs (xv) through (xvii) and by renumbering (xv) as (xviii), 37
‑
12
‑
302 by creating a new subsection (n) and 37
‑
12
‑
305(h)(ii) and by creating a new subsection (j) are amended to read:

37
‑
12
‑
301.

Short title; definitions.

(b)

As used in this act:

(xv)

"Area of risk" means an area not to exceed fifty (50) feet from each side of an underground facility that is located under or near a county road and that:

(A)

Contains hazardous materials that present an extreme risk to the health and safety of persons; or

(B)

Is buried at a depth of less than twenty
‑
four (24) inches.

(xvi)

"County road" means a road that is:

(A)

Established pursuant to W.S. 24
‑
3
‑
101 through 24
‑
3
‑
127, identified pursuant to W.S. 24
‑
3
‑
201 through 24
‑
3
‑
206 or for which the county is responsible for improvements and maintenance as designated by resolution of a board of county commissioners;

(B)

Open to the public;

(C)

Depicted on county road maps; and

(D)

Identified with county road signage.

(xvii)

"Routine county road maintenance" means the regular grading of a county road for the purpose of maintaining the surface condition of the road or a roadside drainage ditch, that does not extend more than four (4) inches below the surface and does not result in alteration of the original grade, width or flow line;

(xv)
(xviii)

"This act" means W.S. 37
‑
12
‑
301 through 37
‑
12
‑
307.

37
‑
12
‑
302.

Notices; exceptions; penalty.

(n)

An operator of an underground facility that the operator determines to be within an area of risk may provide to the county in which the underground facility is located written notice that includes a description of the underground facility and the specific location of the underground facility by map, legal description or other
reliable method that allows for a current and accurate means of identifying the geographic location of the underground facility. Any notice under this subsection shall be provided:

(i)

Except as specified in paragraph (ii) of this subsection, not later than June 1, 2020 and then January 31 of each year thereafter;

(ii)

For an operator of a newly installed underground facility, within sixty (60) days of installation of the underground facility.

37
‑
12
‑
305.

Exemptions.

(h)

The following routine maintenance activities in a government entity's public right
‑
of
‑
way are exempt from the provisions of this act:

(ii)

Adding of granular material to unpaved roads
;
and road shoulders;

(j)

Routine county road maintenance is exempt from the provisions of this act, provided that the maintenance is not within an area of risk as specified in a notice provided under W.S. 37
‑
12
‑
302(n).

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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