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Chapter 18 Emergency Regulations PDF Print E-mail

Public Notice of Adoption of Chapter 18 Emergency Regulations

Weights & Measures, Metrology Laboratory and Registered Service Technicians


The Wyoming Department of Agriculture adopted emergency regulations as they pertain to the Chapter 18 Regulations for Weights & Measures.

Background: The Department of Agriculture recently discovered a gap in the statutory language exempting certain weights and measures from inspection by the Department. The statute exempts from the weights and measures act activities subject to the authority of the Wyoming Public Service Commission associated with pipelines and utilities. The Department always understood the language to exclude all utilities, regardless of whether a municipality owned and operated the utility. However, upon reviewing the Wyoming Public Service Commission’s authority, the Commission does not regulate municipal utilities. Therefore, the express language of the weights and measures act does not exempt any municipal utilities from inspection by the Department of Agriculture.

Wyoming Statute § 40-10-122 gives the Director of the Department the ability to grant exemptions from the provisions of the weights and measures act when appropriate for the maintenance of good commercial practices within the State. Faced with having to inspect every municipal residential water meter in the State, the Department adopted emergency rules to address the gap in the weights and measures exemption language. The Department does not have the staffing, or necessary equipment, to inspect residential water meters. Nor does the Department believe it was ever the intent of the Legislature to require testing of municipal residential water meters through the weights and measures act. To delay closing the language gap would leave the Department with an affirmative duty to inspect water meters for municipal utilities statewide.

The Department proposes to amend its Chapter 18 Weights & Measures, Metrology Laboratory and Registered Service Technicians rules and regulations by excluding all utilities identified in Wyoming Statute § 37-1-101, regardless of whether a utility is regulated by, or exempt from regulation by, the Wyoming Public Service Commission. At the same time, the Department intends to start the regular rulemaking process to permanently exempt all public utilities, as well as clean up the formatting and wording in Chapter 18.

A copy of the Emergency Chapter 18 Regulations may be obtained by one of the following three methods: 1)Visit the Secretary of State’s website at https://rules.wyo.gov/,click on the Emergency Rules icon, and select Agriculture, Dept. of (010); 2) Email Hank Uhden at hank.uhden@wyo.gov and request an electronic copy; or 3) Call Kelsey Hart, with the Technical Services Division at 307-777-7324.

 
Wyoming Department of Agriculture