Meeting Minutes) Is Prepared by the Legislative Service Office (LSO) and Is the Official Record of the Proceedings of a Legislative Committee Meeting

D r a f t O n l y A p p r o v a l P e n d i n g SUMMARY of PROCEEDINGS J O I N T C O R P O R A T I O N S , E L E C T I O N S & P O L I T I C A L S U B D I V I S I O N S C O M M I T T E E

COMMITTEE MEETING INFORMATION September 16-17, 2019 | 8:00 AM Teton County Library 125 Virginian Lane Jackson, Wyoming

COMMITTEE MEMBERS PRESENT Senator Bill Landen, Co-chairman Representative Tyler Lindholm, Co-chairman Senator Cale Case Senator Tara Nethercott Senator Wendy Schuler Senator Charles Scott Representative Jim Blackburn Representative Aaron Clausen Representative Scott Clem Representative Andi Clifford Representative Shelly Duncan Representative Roy Edwards Representative Danny Eyre Representative Dan Furphy

LEGISLATIVE SERVICE OFFICE STAFF Anna Mumford, Operations Administrator Kayla Spencer, Staff Attorney Jill Reinking, Legislative Editor

OTHERS PRESENT AT MEETING Please refer to (Appendix 1-02) to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.

The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected]. The Summary of Proceedings for each legislative committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov. PAGE 2 OF 12

EXECUTIVE SUMMARY The Joint Corporations, Elections & Political Subdivisions Interim Committee (Committee) met for two days in Jackson, Wyoming. The first day the Committee heard testimony related to state insurance, insurance code updates, election issues, including code revisions and voting, corporate shareholders, net metering and county reserve accounts. The second day the Committee heard testimony on utilities, coal fired plants, surface water drainage, wind farm development and energy project siting issues.

MONDAY, SEPTEMBER 16, 2019

CALL TO ORDER/ROLL CALL Co-Chairman Landen called the meeting to order at 8:03 AM. The following sections summarize the Committee proceedings by topic. Please refer to ( Appendix 1-01) to review the Committee Meeting Agenda.

APPROVAL OF MINUTES Rep. Eyre moved that the minutes from the Committee's May 13-14, 2019 meeting be approved and the motion passed by voice vote.

INSURANCE CODE UPDATES Jeff Rude, Interim Insurance Commissioner and Linda Johnson, Chief Financial Examiner, Wyoming Department of Insurance (DOI) discussed 20LSO-0029.6, Insurance code updates (Appendix 2-01). Commissioner Rude discussed the bill and the state's interest in representation in the Guarantee Association as well as changes to the composition of the board. Mrs. Johnson discussed the portion of the bill relating to non-admitted insurance or surplus lines as well as other changes in the bill required by federal law. DOI also provided a list of proposed amendments to 20LSO-0029.6 (Appendix 2-02).

Public Comment No members of the public commented on this topic.

Committee Action Representative Blackburn moved the Committee sponsor 20LSO-0029. The motion passed by roll call vote (Senator Scott and Representative Edwards voting no) with the Committee adopting the following amendments:

Page 4-line 20 Before "producers" insert "insurance". Page 5-line 23 Reinsert all stricken language. Page 6-lines 1 and 2 Reinsert all stricken language. Page 6-line 3 Reinsert all stricken language; after reinserted "2010" insert "or subsequent similar federal enactment"; delete “of all of the following subparagraphs:”. Page 6-lines 5 through 23 Delete all new language. Page 7-lines 1 through 20 Delete all new language. Page 8-lines 1 through 23 Delete all new language. Page 9-lines 1 through 7 Delete all new language. Page 10-line 6 Before "producer" insert "insurance". Page 13-line 16 Before "producer" insert "insurance".

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 3 OF 12

EMPLOYEE GROUP INSURANCE (EGI)

Department of Insurance Supervision Commissioner Rude and Mrs. Johnson, DOI discussed 20LSO-0030.4 State employees' and officials' group insurance (Appendix 3-01). The Commissioner stated the changes were primarily to clarify the DOI's supervisory authority over the Wyoming Employee's Group Insurance Program (EGI) and to update the language.

Public Comment Wendy Curran, Blue Cross/Blue Shield (BC/BS) commented on this topic and provided information to the committee regarding 20LSO-0030.4. (Appendix 3-02).

Committee Action Senator Case moved the Committee sponsor 20LSO-0030. The motion passed unanimously by roll call vote.

UPDATE ON LOCAL GOVERNMENT PARTICIPATION IN STATE HEALTH PLAN Ralph Hayes, Program Manager, EGI provided an update on local participation in the state health plan. Mr. Hayes stated that several municipalities have expressed interest to EGI to join the state plan and currently two cities in the State have provided letters of intent. Mr. Hayes discussed the number of individuals sent out of state for healthcare and the reasons for differing costs across the State.

Public Comment Jeremiah Reiman, Wyoming County Commissioners Association (WCCA) and Wendy Curran, BC/BS commented on this topic.

Committee Action Co-Chairman Lindholm moved LSO draft a bill to specify that the plan applies only to employees and elected officials of the state and employees of school districts and boards of cooperative educational services. The motion passed by voice vote.

ELECTION CODE REVISIONS Kai Schon, Secretary of State’s Office and Julie Freese, Fremont County Clerk presented 20LSO-009.6, Election code revisions (Appendix 5-01). Mr. Schon and Mrs. Freese discussed terminology changes and archaic language to be removed. Mrs. Freese also provided additional amendments and discussed each change with the Committee. (Appendix 5-04)(Appendix 5-03)

Public Comment Bill Winney from Pinedale commented on this topic.

Committee Action Representative Blackburn moved the Committee sponsor 20LSO-0009. The motion passed by roll call vote (Representatives Clem and Edwards voting no). The Committee adopted the amendments to pages 7, 11 and 12 as suggested by the county clerks, including, deleting “other” after “or” on page 12 and additional amendments to W.S. 22-6-107(a), 22-3-117(a)(i) and 22-9-104(a)(iv) as suggested by the county clerks and an amendment on page 6-line 22 to insert "office of president or vice president or" after “seek”.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

SECRETARY OF STATE'S AUTHORITY OVER ELECTIONS Edward Buchanan, Wyoming Secretary of State (Secretary) gave an overview of 20LSO-0008.11 (Appendix 5-02) regarding the authority of the Secretary to determine whether a candidate is eligible to run for office. Secretary Buchanan discussed the need for sufficient time to review and issue a decision regarding the challenged candidate.

Public Comment No members of the public commented on this topic.

Committee Action The Committee directed LSO to work with the Secretary of State’s Office to amend the bill draft for the Committee’s consideration at the November meeting.

SELECT COMMITTEE ON TRIBAL RELATIONS RECOMMENDATION ON TRIBAL ID FOR VOTING Representative Larsen presented 20LSO-0169.7 which was forwarded from the Select Committee on Tribal Relations The Committee discussed both version .7 (Appendix 5-06) and version .4 (Appendix 5-07) to determine which would make it easier for tribal members to vote. Secretary Buchanan also discussed the federal requirements for voter identification. Although not specifically discussed, voter ID information, (Appendix 5-05) was also provided to the Committee.

Public Comment Sandy Shuptrine from Jackson and Bill Winney from Pinedale commented on this topic.

Committee Action Co-Chairman Lindholm moved the Committee sponsor 20LSO-0169.4. The motion passed by roll call vote (Senator Case and Representatives Clausen and Edwards voting no).

VOTER FRAUD PREVENTION Co-Chairman Lindholm presented 20LSO-0026.6 Voter fraud prevention (Appendix 7-02) which requires acceptable identification prior to voting. LSO staff discussed the memo regarding the voter fraud prevention bill. (Appendix 7-04)

Public Comment Gwynn Bartlett, Carbon County Clerk, Representative Yin, Jackson and Tom Laycock, Associate State Director for Communications and State Advocacy for AARP commented on this topic. Mr. Laycock, also provided (Appendix 7-06) to the Committee.

Committee Action Representative Edwards moved the Committee sponsor 20LSO-0026. The motion failed by roll call vote (Representatives Clem and Edwards voting yes).

PARTY AFFILIATION CHANGES LSO staff presented 20LSO-0027.3 Party affiliation changes (Appendix 7-01). The Committee also discussed the memo regarding party affiliation changes. (Appendix 7-05)

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

Sherry Daigle, Teton County Clerk also discussed the bill.

Public Comment Representative Mike Yin, Jackson, Wyoming and Gail Symons from Sheridan commented on this topic.

Committee Action Representative Clem moved the Committee sponsor 20LSO-0027. The motion failed by roll call vote (Representatives Blackburn, Clem, Edwards, Eyre and Lindholm voting yes).

REDISTRICTING Redistricting will be on the November agenda, and although not discussed in detail, a memo on redistricting (Appendix 7-03) was provided in the meeting materials.

CORPORATE DIRECTORS AND SHAREHOLDERS CLASSES Co-chairman Lindholm and Senator Nethercott discussed the bill 20LSO-0011 v. 5, Corporate shareholder fairness. (Appendix 9-01). The Committee took no action on the bill draft.

Public Comment No members of the public commented on this topic.

NET METERING LSO staff presented 20LSO-0012.3, Net Metering (Appendix 10-02). The Committee also discussed the proposed amendments by Representative Eyre and Representative Yin and discussed cost shifting calculation methods. (Appendix 10-01). Senator Case discussed how net metering can cause cost shifting and referenced the memorandum from Office of Consumer Advocate. (Appendix 10-03).

Public Comment Shawn Taylor, Executive Director, Wyoming Rural Electric Association provided (Appendix 10-05), Bryce Freeman, Office of Consumer Advocate (OCA) and Denise Parrish (OCA) provided (Appendix 10- 03) and Steff Kessler, Wyoming Outdoor Council, provided (Appendix 10-04) to the committee and commented on this topic.

Jim Webb, Lower Valley Energy, Kara Fornstrom, Chairmen of the Public Service Commission (PSC), Representative Mike Yin, Jackson, Wyoming, Mark Barron, private citizen, Devon Brubaker Airport Director and Chairman of the Sweetwater County Economic Development Coalition, Scott Kane, Solar Electric Contractors in Wyoming, John Cox, Rocky Mountain Power and Hesid Brandow, Powder River Basin Resource Council commented on this topic.

Committee Action Co-Chairman Lindholm moved the Committee consider 20LSO-0012 at the November meeting. The motion passed by voice vote. The Committee adopted the following amendments: the amendment as presented by Representative Eyre; an amendment to grandfather in any existing net metering systems for 10 years but to specify the exemption was not transferable; amendments to change the name from net metering throughout the article; an amendment on page 2-line 19 to add "provided that the contract does not impose cost on other customers" after “system”; and an amendment to create a 10 year sunset date for the article.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

Sen. Case moved LSO draft a bill to repeal the net metering statutes. The motion passed by voice vote.

COUNTY RESERVE ACCOUNTS Representative Clausen explained 20LSO-0080.7, County reserve accounts. (Appendix 19-02). Senator Scott moved that the bill be tabled until November so the Committee would have time to review the bill and provide comment. The Committee asked that this topic be on the agenda for the November meeting and requested Representative Clausen to present the bill draft again at that time.

The meeting adjourned at 6:49 pm

TUESDAY, SEPTEMBER 17, 2019

CALL TO ORDER Co-Chairman Lindholm brought the meeting to order and Co-Chairman Landen discussed the Government Efficiency Commission and the request of the Committee to review all boards and commissions in the state. The Committee asked LSO to compile a list of all the boards and commissions, divided into subgroups and bring the information to the November meeting for discussion.

MUNICIPAL RIGHT-OF-WAY FRANCHISE FEES LSO staff discussed 20LSO-0010 v.4, municipal right of way franchise fees. (Appendix 12-01).

Jody Levin, Charter, Liz Zerga, Wyoming Telecommunications Association, Kristin Lee, CenturyLink, Dave Fraser, Executive Director, Wyoming Association of Municipalities (WAM) and Robert Duchen, River Oaks Communication discussed the bill.

Public Comment Nick Agopian, Visionary Broadband and Dave Picard, Dish Satellite commented on this topic.

Committee Action Representative Duncan moved the Committee sponsor 20LSO-0010. The motion passed by roll call vote (Senator Case and Representative Clausen voting no) with the Committee adopting the amendments on page 2-line 20 and page 4-line 14 as presented by Ms. Levin (Appendix 12-02) and the following amendments:

Page 5-line 9 After “termination” insert “.” and delete balance of line. Page 5-lines 10 through 12 Delete entirely.

UTILITIES

Public Service Commission update Kara Fornstrom, Chairman Public Service Commission (PSC) provided an overview of PSC appointment processes and an update on the implementation of 2019 Senate File 159. (Appendix 13-01). Mary Throne, Deputy Chair, PSC, discussed cyber security updates, rule promulgation, the Vista West case and the completion of a booklet for pro se litigants. (Appendix 13-06). Although not specifically discussed, the PSC also provided (Appendix 13-05) to the Committee.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

Office of Consumer Advocate Denise Parrish, Deputy Administrator, Office of Consumer Advocate gave an update on the multi-state protocol, which is an interstate system of shared generating and transmission assets and accompanying cost allocations. Bryce Freeman, OCA, discussed appointment processes. Although not specifically discussed, OCA also provided a fact sheet on the Public Utilities Policies Act of 1978 (Appendix 13-02) and a Vista West Fact Sheet (Appendix 13-03) to the committee.

Public Comment Representative Sweeney commented on this topic and provided (Appendix 13-04) to the Committee.

COAL FIRED POWER PLANTS

Kara Fornstrom, Chairman (PSC) discussed the PSC's authority over decommissioning coal fired power plants including changes to PSC authority as a result of 2019 SF 159 and how 20LSO-0013 may affect the PSC's authority.

Senator Dockstader discussed 20LSO-0013.5, Coal fired electric generation facilities. (Appendix 14-01).

Bryce Freeman, OCA and Denise Parrish, OCA discussed the bill.

Public Comment Michelle King, Holland and Hart, on behalf of Wyoming Industrial Energy Consumers (WIEC), along with Michelle Cook, regulatory and government affairs for Merit Energy, John Cox, Rocky Mountain Power, Monika Leininger, Power River Basin Research Council, Representative Pat Sweeney and David Bush, Black Hills Energy commented on this topic.

Committee Action Senator Scott moved the Committee consider 20LSO-0013 at the November meeting with the following amendments: Page 2-lines 20 through 21 Delete entirely and insert: “Consistent with federal law, transmission providers in Wyoming shall offer unbundled transmission service to any retail customer who purchases electricity generated by the facility.”. Page 3-line 11 Delete “If the public”. Page 3-lines 12 through 15 Delete entirely. Page 4-line 10 Reinsert stricken language; delete new language. Page 4-lines 17 through 20 Delete entirely.

PSC oversight over coal fired electric generation facilities LSO staff provided an update on a working group created by the Joint Minerals Committee and including members of both the Joint Minerals and Joint Corporations Committees to amend the PSC's authority over coal fired electric generation facilities.

The Committee requested that this topic be on the agenda for the November meeting.

SURFACE WATER DRAINAGE SYSTEMS

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

Representative Sweeney and Dave Fraser WAM and Arne Jorgensen presented 20LSO-0028.4, Surface water drainage systems. (Appendix 16-01) and discussed the purpose of the water retention ponds and additional requirements from the EPA and other government regulatory agencies. Arne Jorgensen, Jackson Town Council discussed storm water management and how municipalities handle the infrastructure. He also discussed revenue sources.

Public Comment Representative Yin, Jackson Wyoming commented on this topic.

Committee Action Senator Scott moved the Committee sponsor 20LSO-0028. The motion passed by roll call vote (Senator Case and Representatives Blackburn, Clem, Edwards and Lindholm voting no) with the Committee adopting the following amendments: Page 2-line 8 After "surface water" insert "runoff". Page 2-lines 12 and 13 Delete entirely.

WIND FARM DEVELOPMENT

LSO staff discussed 20LSO-0031.5, Energy production inventory exemption. (Appendix 17-01).

Brenda Arnold, Department of Revenue, discussed the bill and the veto by the Governor.

Public Comment

Billy Brenton, Casper Wyoming, Jeremiah Reiman, WCCA, Representative Sweeney and Monika Leininger Powder River Basin Resource Council commented on this topic.

Committee Action The Committee directed Senator Landen to work with other members of the Committee, county commissioners and other interested parties to bring an amended version of the bill draft to the Committee’s November meeting.

GENERAL DISCUSSION ON SITING ISSUES Senator Case introduced the discussion on Trona siting issues. Jody Levin, representing the Wyoming Trona industry, discussed the need to have oversight to resolve siting conflicts and provided a handout regarding the issues that have been discussed with the Revenue committee. (Appendix 18-01)

Brian Lovett, Industrial Siting Council, (ISC) Department of Environmental Quality, (DEQ) discussed the purview of the industrial Siting Commission.

Public Comment Steff Kessler, Wyoming Outdoor Council, Sandy Shuptrine from Jackson, Bill Winney from Pinedale, Brian Lovett, ISC, DEQ and Representative Sweeney commented on this topic.

Committee Action The Committee directed Senator Case to have LSO work with him on a bill draft to put solar projects under the jurisdiction of the Industrial Siting Division.

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

GENERAL PUBLIC COMMENT

Representative Duncan requested LSO draft a bill to resurrect 2019 House Bill 277 (Appendix 19-03).

Senator Gierau, Arne Jorgensen, Jeremiah Reiman, WCCA, Anna Olsen, CEO of Chamber of Commerce, Representative Schwartz, Jennifer Ford, Jackson Hole Working, Main Street Advisory Council Board, Nicole Kaufman, Kathy Thompkins both from Jackson, Jessica Jaubert Jackson Hole Working and Steve Duerr, from Bondurant, commented on various topics.

Johnathan Schechter, The Charture Institute, commented and provided (Appendix 19-01) to the Committee.

MEETING ADJOURNMENT There being no further business, Co-Chairman Tyler Lindholm adjourned the meeting at 4:00 PM.

Respectfully submitted,

Senator Bill Landen

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

Index Agenda Item Document Description Document Provider Number

1-01 Agenda LSO

1-02 Sign-in Sheet LSO

2-01 Insurance Code Updates 20LSO-0029 v0.6 Insurance code updates. LSO

2-02 Insurance Code Updates Proposed Amendments Department of Insurance

Employee Group Insurance 20LSO-0030 v0.4 State employees' and officials' 3-01 LSO (EGI) group insurance.

Employee Group Insurance 3-02 Insurance and Risk information Blue Cross Blue Shield (EGI)

5-01 Election Issues 20LSO-0009 v0.6 Election code revisions. LSO

20LSO-0008 v0.11 Secretary of State election 5-02 Election Issues LSO authority.

County Clerk's 5-03 Election Issues Election Code Change Requests Association of Wyoming

County Clerk's 5-04 Election Issues Talking points Association of Wyoming

5-05 Election Issues Voting ID information Secretary of State

5-06 Election Issues 20LSO-0169 v0.7 Tribal ID for voting. LSO

5-07 Election Issues 20LSO-0169 v0.4 Tribal ID for voting. LSO

Continuation of Election 7-01 20LSO-0027 v0.3 Party affiliation changes. LSO Issues

Continuation of Election 7-02 20LSO-0026 v0.6 Voter fraud prevention. LSO Issues

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

Continuation of Election 7-03 Issue Brief- Redistricting LSO Issues

Continuation of Election 7-04 Voter Fraud Prevention Memo LSO Issues

Continuation of Election 7-05 Party affiliation changes memo LSO Issues

Continuation of Election 7-06 Voter Information Tom Laycock, AARP Issues

Corporate Directors and 9-01 20LSO-0011 v0.5 Corporate shareholder fairness. LSO Shareholders Classes

10-01 Net Metering Amendment Memo LSO

10-02 Net Metering 20LSO-0012 v0.3 Net metering. LSO

Office of Consumer 10-03 Net Metering Letter to Senator Case Advocate

Wyoming Outdoor 10-04 Net Metering Evaluating Net Metering in Wyoming Council

Wyoming Rural Electric 10-05 Net Metering Net Metering Positions Association

Municipal Right-of-Way 20LSO-0010 v0.4 Municipal right of way 12-01 LSO Franchise Fees franchise fees.

Municipal Right-of-Way 12-02 Proposed Amendments Charter by Jody Levin Franchise Fees

Procedural Order Setting and Providing for Public Service 13-01 Utilities Technical Conference Commission

Office of Consumer 13-02 Utilities Public Utilities Policies Act of 1978 Fact Sheet Advocate

Office of Consumer 13-03 Utilities Vista West Fact Sheet Advocate

Office of Consumer 13-04 Utilities Letter Advocate

Pacificorp d/b/a in Wyoming as Rocky Mountain Public Service 13-05 Utilities Power Docket no. 90000-144-XI-19 Commission

Contested Case Hearing for Pro Se Litigants Public Service 13-06 Utilities information Commission

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

20LSO-0013 v0.5 Coal fired electric generation 14-01 Coal Fired Power Plants LSO facilities.

Surface Water Drainage 16-01 20LSO-0028 v0.4 Surface water diversion. LSO Systems

20LSO-0031 v0.5 Energy production inventory 17-01 Wind Farm Development LSO exemption.

General discussion on Siting Jody Levin, Trona 18-01 Trona information Issues Industry Representative

High Demand & Low Supply Housing, Jobs & 19-01 General Public Comment The Charture Institute Workers in Teton County

19-02 General Public Comment 20LSO-0080 v0.7 County reserve accounts. LSO

19-03 General Public Comment 2019 House Bill 277 LSO

JOINT CORPORATIONS, ELECTIONS & POLITICAL SUBDIVISIONS COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov