Bill No.: SF0066                  Drafter:  IDS

LSO No.:  10LSO-0140              Effective Date:

Enrolled Act No.:  SEA0038

Chapter No.:

Prime Sponsor:     Senator Perkins

Catch Title:       Industrial siting amendments.

Subject:  Industrial siting permits and jurisdiction.

Summary/Major Elements:

· Expands the Industrial Siting Council's (ISC's) jurisdiction over "facilities" to include wind energy facilities, including their collector systems, which consist of 30 or more towers or which expand to include 30 or more towers. It also expands the ISC's jurisdiction to include electric transmission lines over 160,000 volts.

· Requires the ISC to promulgate rules prescribing decommissioning and site reclamation standards for wind energy facilities and rules prescribing financial assurance requirements for wind energy facilities which will assure that a site is properly reclaimed and decommissioned.

· Requires rules mandating notice to the record owners of mineral rights.

· Requires permit applicants and permit waiver applicants to:  1) certify that local governments have been given notice of a proposed industrial facility at least 30 days prior to submitting an application, 2) submit a site reclamation and decommissioning plan to the ISC, which plan must be updated every 5 years, 3) submit information demonstrating their financial capability to construct, maintain, operate, decommission and reclaim a facility.

· Requires the disclosure of agricultural impacts, terrestrial and aquatic wildlife impacts and impacts upon threatened, endangered, rare, or other species identified in the state wildlife action plan.

· Expands the state agencies consulted in the permitting process.

· Allows "directly affected" land owners to be parties.

· Appropriates $355,754.00 to fund a new position within the DEQ.

· Provides a conforming section should HB 72, concerning county regulation of wind energy facilities, be enacted into law.