The bill amends the Wyoming Underground Facilities Notification Act to strengthen the enforcement of civil penalties by the Wyoming Public Service Commission. It introduces provisions that allow the commission to impose civil penalties on governmental entities and modifies penalties for operators and excavators who do not comply with the act. The bill establishes complaint procedures for violations, requiring the notification center to handle and report complaints, and mandates compliance from telecommunications companies. Key changes include the removal of a burden of proof provision regarding damages and the repeal of certain provisions related to damage recovery, while new civil penalties for non-compliance are established, with fines of up to $5,000 for first offenses and escalating penalties for repeat violations.
Additionally, the bill removes the requirement for operators to indemnify excavators against claims related to damage to underground facilities and specifies that excavators will be liable for restoration costs if they damage a facility due to non-compliance, unless the operator also failed to comply with regulations. The bill also creates a full-time position within the Wyoming Public Service Commission for the fiscal year 2027-2028, with an appropriation of $200,832. It mandates the commission to develop rules for implementing the act, which will apply to violations occurring on or after July 1, 2027, while certain sections will take effect immediately upon passage.
Statutes affected: 27LSO-0032 v0.6: 37-12-301, 37-12-302, 37-12-305, 37-12-306, 37-15-408