Bill No.: HB0072 Drafter: IDS
LSO No.: 10LSO-0139 Effective Date: 7/1/2010
Enrolled Act No.: HEA0064
Chapter No.:
Prime Sponsor: Representative Stubson
Catch Title: Regulation of wind energy facilities.
Subject: County regulation of wind energy development.
Summary/Major Elements:
· Requires all facilities generating electricity from wind power, if they produce more than .5 megawatts of electricity, to obtain a permit from every county in which the facility is located. This legislation establishes the minimum standards that counties must apply when issuing the required permits.
· Exempts from the permit requirement wind energy facilities constructed or being constructed prior to July 1, 2010.
· Requires permit applications to include: certification of having given required notices, certification of compliance with all requirements established by this legislation together with all county regulations, written emergency management plans, waste management plans, proof of legal access and required road-use agreements, project plans, certifications regarding advertising, site reclamation/decommissioning plans and descriptions of any environmental, social or economic effects.
· Sets set-back standards from adjoining lands, cities, subdivisions, occupied structures and public roadways.
· Requires county rules for notice to mineral rights owners.
· Provides for hearings and public comment.
· Provides a process for referral by the county to the DEQ's Industrial Siting Council. The Director of the DEQ has the authority to refuse any referral. Any referral made does not relieve a county from considering and permitting a facility.
· Provides penalties and for permit suspension/revocation.
· Requires the ISC to adopt new rules regarding the decommissioning and site reclamation of wind energy facilities and financial assurance requirements for permit holders.
· Provides conforming amendments in the event Senate File 66 (concerning changes to the Industrial Siting Act) is enacted into law.