|
H.B. No. 0072 |
Regulation of wind energy
facilities. |
Sponsored By: Representative(s) Stubson, Anderson, R.,
Carson and Steward and Senator(s) Anderson, J., Martin and Perkins
AN ACT relating to siting and regulation of
wind energy facilities; requiring permitting by boards of county commissioners;
establishing minimum standards for wind energy facilities; providing for the
review of county permitting decisions; allowing counties to adopt requirements;
providing for referrals to the industrial siting council; amending the
industrial siting council's jurisdiction; requiring rulemaking; providing
penalties; requiring fees; requiring financial assurances; providing an
appropriation; authorizing the reclassification and filling of a vacant
position; requiring counties to promulgate rules; providing conforming
provisions; and providing for an effective date.
2/8/2010 Bill
Number Assigned
2/9/2010 H
Received for Introduction
2/10/2010 H Introduced and Referred to H09
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd,
Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds,
Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey,
Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim,
McOmie, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg,
Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson,
Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 58 Nays
0 Excused 2 Absent 0 Conflicts
0
2/12/2010 H09
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Brechtel, Byrd, Craft,
Ayes 9 Nays
0 Excused 0 Absent 0 Conflicts
0
2/12/2010 H
Placed on General File
2/15/2010 H
Rereferred to H02
2/17/2010 H02
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Berger, Hammons, Harshman,
Jorgensen, Pedersen and Steward
Excused: Representative(s) Philp
Ayes 6 Nays
0 Excused 1 Absent 0 Conflicts
0
2/17/2010 H
Placed on General File
HB0072HS001/ADOPTED
Page 5-line 10 After "comply" delete
"will" insert "with".
Page 14-line 10 After "applicant." insert
"No appeal from the decision of the director under this subsection shall
be allowed.". LOCKHART, CHAIRMAN
HB0072HS002/ADOPTED
Page 1–line 9 After "assurances;" insert
"providing an appropriation; authorizing the reclassification and filling
of a vacant position;".
Page 22-after line 20 Insert:
"Section
3. There is appropriated three
hundred thirty-five thousand seven hundred fifty-four dollars ($335,754.00)
from the general fund to the department of environmental quality. This appropriation shall be for the period
beginning with the effective date of this act and ending June 30, 2012. This appropriation shall only be expended for
the purpose of carrying out the department's duties under this act. Notwithstanding
any other provision of law, this appropriation shall not be transferred or
expended for any other purpose and any unexpended, unobligated funds remaining
from this appropriation shall revert as provided by law on June 30, 2012. This
appropriation shall not be included in the department's 2013-2014 standard
biennial budget request.
Section
4. The department of environmental quality is
authorized to reclassify and fill one (1) natural resource analyst full-time
equivalent position which is vacant as of February 17, 2010, to a principal
economist full-time equivalent position for purposes of carrying out the
department's duties under this act. The
appropriation in section 3 of this act shall be reduced dollar for dollar by
any funds appropriated in 2010 House Bill 0001 to the department for the vacant
position reclassified pursuant to this section.".
Renumber as necessary. BERGER, CHAIRMAN
HB0072HW001/FAILED
Page 9-line 14 Delete "one-quarter (1/4)
mile" insert "one hundred ten percent (110%) of the maximum height of
the tower, line or other structure".
ILLOWAY
HB0072HW002/ADOPTED
Page 7-line 13 After "life" insert
"and which certifies that any owner of land within the wind energy
facility and its site who is not the applicant has been consulted in
development of the reclamation and decommissioning plan". SHEPPERSON
2/18/2010 H Passed CoW
HB0072H2002/ADOPTED
Page 8-line 1 Delete "upon local
governments".
Page 13-line 19 Delete "that" insert
"there are potentially".
Page 13-line 20 Delete "are presented". SIMPSON
HB0072H2003/FAILED
Page 7-lines 4 through 7 Delete entirely.
Renumber as necessary. LANDON
HB0072H2001.01/ADOPTED (CORRECTED COPY)
Page 9-line 15 After "subdivision" insert
"unless this restriction is waived in writing by the owners of all lands
included within the distance specified in this paragraph". ILLOWAY
HB0072H2001.02/FAILED (CORRECTED COPY)
Page 9-line 14 Delete "one-quarter (1/4)
mile" insert "one hundred ten percent (110%) of the maximum height of
the tower, line or other structure".
ILLOWAY
2/19/2010 H Passed 2nd
2/22/2010 H Passed 3rd
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd,
Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds,
Esquibel, K., Gilmore, Goggles, Hales, Hammons, Harshman, Harvey, Illoway,
Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie,
Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg, Roscoe,
Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne,
Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Gingery, Hallinan and Philp
Ayes 57 Nays
0 Excused 3 Absent 0 Conflicts
0
2/23/2010 S
Received for Introduction
2/23/2010 S
Introduced and Referred to S09
2/26/2010 S09
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s) Bebout, Cooper, Hunnicutt, Larson
and Martin
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/26/2010 S
Placed on General File
2/26/2010 S
Rereferred to S02
2/26/2010 S02
Recommended Do Pass
ROLL
CALL
Ayes: Senator(s) Massie, Meier, Nicholas, Peterson
and Townsend
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/26/2010 S
Placed on General File
HB0072SS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 11 After "position;" insert
"requiring counties to promulgate rules; providing conforming
provisions;".
Page 10–after line 20 Insert and renumber:
"(c) No board of county
commissioners shall issue a permit under W.S. 18‑5‑502(a) until that
county has adopted rules and regulations governing the notice that the
application for a permit must provide to the record owners and claimants of
mineral rights located on and under lands where the wind energy facility will
be constructed. The rules shall conform
to rules adopted by the industrial siting council for the same purpose pursuant
to W.S. 35‑12‑105.".
Page 22-after line
23 Insert and renumber:
"Section
3.
(a) Notwithstanding section 2 of
this act, if 2010 Senate File 0066 is enacted into law, the amendment to W.S.
35‑12‑105 by creating new subsections (d) through (f) made by
section 2 of this act shall not be effective and, instead, W.S. 35‑12‑105
by creating new subsections (d) through (f) is amended to read:
35‑12‑105. Appointment
and duties of administrator; staff; rules and regulations.
(d) In addition to the
rules and regulations adopted under subsection (b) of this section, the council
shall promulgate rules and regulations prescribing decommissioning and site
reclamation standards for facilities permitted under W.S. 35‑12‑102(a)(vii)(E)
and (F). Such standards shall preempt
county rules or regulations concerning decommissioning and reclamation and
shall be designed to assure the proper decommissioning and interim and final
site reclamation of commercial facilities generating electricity from wind and
wind energy facilities during construction and operation of the facility, at
the end of their useful life, upon revocation of a permit authorizing their
operation or upon the happening of any event which causes operations to
cease. In the event of any conflict
between a standard applied under this subsection and a valid order of the
(e) In addition to the
rules and regulations adopted under subsection (b) of this section, the council
shall promulgate rules and regulations prescribing financial assurance
requirements for facilities permitted by it pursuant to W.S. 35‑12‑102(a)(vii)(E)
and (F). These rules and regulations
shall not apply to facilities that are public utilities and regulated by the
(f) The council may
adopt such rules and regulations, including fee structures, as are appropriate
to accept and consider applications referred by any board of county
commissioners under W.S. 18‑5‑509.
(b) This section shall not be
effective if 2010 Senate File 0066 is not enacted into law.".
Renumber as necessary. LARSON, CHAIRMAN
3/1/2010 S Passed CoW
HB0072S2001/ADOPTED (TO ENGROSSED COPY)
Page 9-line 19 Delete "one-quarter (1/4)"
insert "one-half (1/2)".
Page 10-line 2 Delete "one-quarter (1/4)"
insert "one-half (1/2)".
HUNNICUTT, BEBOUT
3/2/2010 S Passed 2nd
HB0072S3001/FAILED (TO ENGROSSED COPY)
Delete the Hunnicutt, Bebout
Second Reading Amendment (HB0072S2001/AE) entirely. PERKINS
ROLL CALL
Ayes:
Senator(s) Anderson, J., Dockstader, Geis, Landen, Martin, Massie,
Meier, Meyer, Perkins, Ross and Scott
Nays:
Senator(s) Bebout, Burns, Case, Coe, Cooper, Elliott, Esquibel, F.,
Hastert, Hunnicutt,
Conflicts:
Senator(s) Hines
Ayes 11
Nays 18 Excused
0 Absent 0 Conflicts 1
HB0072S3002/ADOPTED (TO ENGROSSED COPY)
Page 22-after line 23 In the Senate Standing Committee Amendment
(HB0072SS001/AE) to this line, in Section 3, in W.S. 35-12-105(d), after "operations
to cease." insert "The council's regulation shall only preempt
those facilities regulated under this act.". PERKINS
3/3/2010 S Passed 3rd
ROLL
CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case,
Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines, Hunnicutt,
Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Meyer, Nicholas,
Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von Flatern
Ayes 30 Nays
0 Excused 0 Absent 0 Conflicts
0
3/4/2010 H
Received for Concurrence
3/4/2010 H
Did Not Concur
ROLL
CALL
Nays: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd,
Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds,
Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey,
Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim,
McOmie, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg,
Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson,
Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan and Philp
Ayes 0 Nays
58 Excused 2 Absent 0 Conflicts
0
3/4/2010 H Appointed JCC01 Members
Representative(s)
Lockhart, Craft, Stubson
3/4/2010 S Appointed
JCC01 Members
Senator(s)
Perkins, Anderson, J., Martin
3/5/2010 H Adopted HB0072JC01
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady,
Carson, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K.,
Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi,
Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Miller,
Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg, Roscoe, Semlek,
Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis,
Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Berger, Childers, Hallinan
and Philp
Ayes 56 Nays
0 Excused 4 Absent 0 Conflicts
0
3/5/2010 S
Adopted HB0072JC01
ROLL
CALL
Ayes: Senator(s)
Nays: Senator(s) Meier and Nicholas
Excused: Senator(s) Bebout, Hastert and
Ayes 25 Nays
2 Excused 3 Absent 0 Conflicts
0
HB0072JC01/AA
ADOPTED (TO ENGROSSED COPY)
Adopt
the following Senate amendments:
HB0072S3002/AE
HB0072SS001/AE
Delete
the following Senate amendments:
HB0072S2001/AE
Further amend the ENGROSSED COPY as follows:
Page
9-line 19 Delete
"one-quarter (1/4) mile" insert "five and one-half (5.5) times
the maximum height of the tower, but in no event less than one thousand (1,000)
feet".
Page
10-line 2 Delete
"one-quarter (1/4) mile" insert "five and one-half (5.5) times
the maximum height of the tower, but in no event less than one thousand (1,000)
feet".
LOCKHART, CRAFT, STUBSON, PERKINS,
3/5/2010 Assigned Number HEA No. 0064
3/5/2010 H Speaker Signed HEA No. 0064
3/5/2010 S President Signed HEA No. 0064
3/10/2010 Governor Signed HEA No. 0064
3/10/2010 Assigned Chapter Number
Chapter
No. 0097 Session Laws of Wyoming 2010