Wildfires one-call amendment.

Plain English Breakdown

The summary does not provide comprehensive details on how liability exemptions are applied in specific cases.

Wildfires One-Call Amendment

This law requires firefighters to notify a notification center as soon as practical about emergency excavations during wildfires and clarifies liability exemptions for such actions.

What This Bill Does

• Requires firefighters to notify the notification center as soon as practical regarding excavations needed to suppress wildfires.
• Clarifies that firefighters are not required to mark areas they plan to excavate when suppressing wildfires.
• Amends the definition of 'emergency' to include situations like fires and explosions, which require immediate action.
• Exempts firefighters from liability for damages or injuries caused by engaging in emergency excavations.

Who It Names or Affects

• Firefighters who need to dig up land to fight wildfires.
• The notification center that receives emergency excavation notifications.
• Companies and individuals whose underground facilities might be damaged during emergencies.

Terms To Know

Emergency

A sudden, unforeseen occurrence demanding immediate action to protect public health, safety, or welfare.

Excavation

The act of digging up land for construction or maintenance work.

Limits and Unknowns

• Does not specify the consequences if notification is delayed.
• Does not provide detailed guidelines on when advance notice is impractical in emergencies.
• Does not offer specific criteria for determining liability exemptions.

Official Summary Text

Bill Summary - 22LSO-0382
Bill No.:

SF0086

Effective:

Immediately

LSO No.:

22LSO-0382

Enrolled Act No.:

SEA No. 0051

Chapter No.:

106

Prime Sponsor:

Boner

Catch Title:

Wildfires one-call amendment.

Subject:

Amending the one-call requirement regarding wildfire suppression excavations.

Summary/Major Elements:

This act requires firefighters to notify the notification center as soon as practical regarding excavations for wildfire suppression.

The act clarifies that firefighters are not required to mark the area they plan to excavate when suppressing wildfires.

The act amends the definition of "emergency" to clarify that emergencies include, but are not limited to, ruptures and leakage of pipelines, explosions,
fires
and similar instances.

The act also specifies that firefighters are not liable for damages or injuries caused by engaging in emergency excavations.

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

22LSO-0382

ORIGINAL Senate

ENGROSSED
File No
.
SF0086

ENROLLED ACT NO. 51,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to public utilities; requiring firefighters to notify the notification center as soon as practical regarding emergency wildfire excavations; exempting emergency excavations from liability for damages or injuries; amending a definition; 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)(ii) and 37
‑
12
‑
302(e) and (f) are amended to read:

37
‑
12
‑
301.

Short title; definitions.

(b)

As used in this act:

(ii)

"Emergency" means a sudden, unforeseen occurrence, including a loss of communications, which demands immediate action to protect the health, safety and welfare of the public and to prevent loss of life, health, property or essential public services and advance notice to the notification center prior to excavation is impracticable under the circumstances.

"Emergency" shall include
, but is not limited to,
ruptures and leakage of pipelines, explosions, fires and similar instances where immediate action is necessary to prevent loss of life or significant damage to underground facilities or the environment;

37
‑
12
‑
302.

Notices; exceptions; penalty.

(e)

Emergency excavations are exempt from the time constraints of the provisions of subsections (c) and (d) of
this section.
If an emergency excavation is undertaken to suppress wildfires, the excavator shall notify the notification center as soon as practical. The excavator and operator shall not be required to mark the area being excavated for wildfire suppression.

(f)

If information required pursuant to subsection (d) of this section is not provided within the time specified therein, or if the information provided fails to identify the location of the underground facilities in accordance with subsection (d) of this section
or when engaging in an emergency excavation
, then any excavator damaging or injuring underground facilities shall not be liable for such damage or injury except when failing to utilize reasonable care. However, if information required pursuant to subsection (d) of this section is provided within the time specified therein, and if the information provided sufficiently identifies the location of the underground facilities in accordance with subsection (d) of this section, then any excavator damaging or injuring underground facilities shall be liable for all damage or injury to persons or property.
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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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