§ 37-5-503 — Purposes; report

Wyoming § 37-5-503

• Jurisdiction: Wyoming
• Title 37: Public Utilities
• Ch. 5: WYOMING PIPELINE AUTHORITY AND WYOMING
• Art. 5: WYOMING ENERGY AUTHORITY

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(a) The authority is created to:
(i) Diversify and expand the Wyoming economy through
improvements in the state's electric and energy transmission
infrastructure and facilitate Wyoming's production, development
and transmission of energy and associated natural resources by
planning, financing, constructing, developing, acquiring,
maintaining and operating electric, energy export and energy
transmission facilities, advanced technology facilities for
natural resources associated with energy, carbon dioxide capture
and transportation infrastructure, distribution facilities and
related supporting infrastructure and undivided or other
interests therein;
(ii) Consolidate energy staff and functions existing
in the state energy program and take actions to administer the
state energy program, including:
(A) Seek federal grants and loans;
(B) Seek to participate in applicable federal
programs; and
(C) In accordance with applicable federal
program guidelines, administer federally funded state energy
programs.
(iii) Assist with obtaining financing and funding for
energy projects through the use or combination of bonding
authority, grants, loans and private and institutional
investors, and assist with the creation of new financing
products;
(iv) Provide assistance with permitting, siting and
other regulatory requirements;
(v) Develop and administer programs providing
education on energy resources and emerging technologies
including tours, academic programs and communication plans;
(vi) Engage with international and domestic
stakeholders on potential market opportunities, energy projects
and technology development that will increase the value of
Wyoming energy and associated natural resources;
(vii) In consultation with the joint minerals,
business and economic development interim committee and the
governor, develop, administer, update and communicate the
Wyoming energy strategy;
(viii) Plan, finance, construct, develop, acquire,
maintain and operate a pipeline or other transportation and
distribution systems within or outside the state of Wyoming to
facilitate the production, transportation, distribution and
delivery of associated natural resources that are produced or
developed in this state, including energy and associated natural
resources received as royalties in kind pursuant to mineral
leases by the state, its agencies and political subdivisions.
(ix) Support efforts to use natural resources
associated with energy for other applications and products
including the use of coal for nonfuel products;
(x) Support efforts to maintain and expand the rare
earth minerals industry, the critical materials industry, the
trona industry and other mineral industries in Wyoming and to
maintain and expand the production of products and materials
using rare earth minerals, critical materials, trona and other
minerals;
(xi) Support efforts to maintain and expand the
mineral industry and the oil and gas industry in Wyoming through
the development, construction and operation of mineral
processing and concentration facilities and through constructing
and facilitating the construction of oil and gas refineries and
the expansion of existing oil and gas refineries in Wyoming.
(b) In order to provide for the financing, construction,
development, maintenance and operation of energy transmission
facilities, pipeline and other transportation and distribution
systems, the authority may own, lease or rent facilities,
structures and properties, both incidental and necessary,
constructed in accordance with this article and article 6 of
this chapter, to facilitate the production, development,
transportation, distribution and delivery of energy and
associated natural resources.
(c) Energy transmission facilities and related supporting
infrastructure may include all facilities, structures and
properties incidental and necessary or useful in the production,
development, transportation, transmission and delivery of
energy. Pipeline and other transportation or distribution
systems may be inclusive of pipelines, ports, pumps, storage and
all other facilities, structures and properties incidental and
necessary or useful in the production, development,
transportation, distribution and delivery of natural resources
associated with energy to points of sale, consumption or to the
points of distribution for consumption.
(d) The authority shall establish and collect fees and
prepare a schedule of fees, rentals and other charges for the
use of the facilities of the authority, including capacity that
the authority procures, as the board may determine.
(e) The authority may borrow funds for the execution of
the purposes of the authority, and mortgage and pledge any
leases granted, assigned or subleased by the authority.
(f) Except as provided in this section, the authority
shall not exercise any of the rights or powers granted to it in
this section if private persons, firms or corporations are
performing the acts, constructing or have constructed the
facilities or are providing the services contemplated by the
authority.
(g) Prior to exercising any rights or powers granted to it
in this section except for activities related to the
administration of pipeline capacity contracted with an entity
operating under the jurisdiction of the federal energy
regulatory commission or a successor agency, the authority shall
publish in a newspaper of general circulation in Wyoming, and in
a newspaper in the area where the authority contemplates
providing facilities or services, in the manner prescribed by
law, a notice describing the acts, facilities or services
contemplated by the authority. Private persons, firms or
corporations wishing to perform the acts, construct the
facilities or provide the services described in the notice shall
have ninety (90) days from the date of last publication of the
notice within which to notify the authority of their intention
to perform the acts, construct the facilities or provide the
services described in the notice. A person or entity giving
notice to the authority shall include an anticipated timeline
for completion of the acts, construction or services. In the
absence of notification by a private person, firm or
corporation, or if a person, firm or corporation, having given
notice of intention to perform the acts, construct the
facilities or provide the services contemplated by the
authority, fails to commence the same within one hundred eighty
(180) days from the date of last publication, the authority may
proceed to perform the acts, construct the facilities or provide
the services for which notice was given. A private person, firm
or corporation that has made necessary applications to acquire
any federal, state, local or private permits, certificates or
other authorizations necessary to perform the acts, construct
the facilities or provide the services included in the
authority's notice within the time required is deemed to have
commenced the same. When a private person, firm or corporation
has given notice of intent to perform or is performing the acts,
constructing the facilities or providing the services that the
authority contemplated, the authority may conduct hearings or
meetings with the person, firm or corporation to assess progress
toward completion of the intended acts to be performed, the
facilities to be constructed or the services to be provided. If
it appears to the authority that progress or completion of any
or all of the intended acts may be delayed for one (1) year or
more, the authority may proceed to perform the acts, construct
the facilities or provide the services originally contemplated.
(h) The authority may acquire, purchase, hold, use, lease,
license, sell, transfer and dispose of an undivided or other
interest in or the right to capacity in any pipeline system
within or outside the state of Wyoming in order to facilitate
the production, transportation, distribution or delivery of
associated natural resources that are produced or developed in
this state. The provisions of subsection (g) of this section
shall not apply to the authority in exercising any power
pursuant to this subsection.
(j) Before any appropriation is made to the authority, the
authority shall submit its budget for review as provided by W.S.
9-2-1010 through 9-2-1014. Any appropriation to the authority
shall be expended only for administrative purposes, which shall
include planning and research.