Bill No.: HB0079                  Drafter:  IDS

LSO No.:  10LSO-0319              Effective Date:  3/5/2010

Enrolled Act No.:  HEA0048

Chapter No.:       48

Prime Sponsor:     Representative Brown

Catch Title:       Eminent domain-wind power collector lines.

Subject:  Eminent domain for collector systems and the Wind Energy Task Force.

Summary/Major Elements:

· This legislation places a moratorium on the exercise of eminent domain for the purpose of erecting "collector systems" associated with wind energy projects.  Public utilities that have been granted a certificate of public convenience and necessity are exempted from the moratorium.

· The moratorium is effective immediately and lasts until June 30, 2011, or upon the effective date of legislation establishing additional conditions for the use of condemnation for the erection, placement or expansion of collector systems associated with wind energy projects.

· Collector systems are defined to be "the conductor infrastructure, including conductors, towers, substations, switchgear and other components necessary to deliver power from any commercial facility generating electricity from wind up to but not including electric substations or interconnection facilities associated with existing or proposed transmission lines that serve load or that export energy from Wyoming."

· This legislation revives the Wind Energy Task Force, created for the 2009 interim.  The membership is identical, except that three, rather than two, members are to be appointed by the Governor.  The Task Force has a total budget that is increased from $12,500 to $22,000.

· The Task Force must study conditions for the appropriate use of condemnation authority, legal issues surrounding severance of the wind right and compensation of landowners.

Comments:

· Report required - The Task Force must report its findings on or before November 1, 2010.