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S.F. No. 0066 |
Industrial siting amendments. |
Sponsored By: Senator(s) Perkins, Anderson, J. and Martin
and Representative(s) Anderson, R., Carson, Steward and Stubson
AN ACT relating to industrial siting;
amending jurisdictional criteria; amending and adding definitions; expanding
and modifying notice provisions; granting rulemaking authority as specified;
modifying the information necessary in permit and waiver applications;
expanding the number of state agencies involved in permitting; specifying additional
issues to consider in the permitting process; requiring additional fees;
defining prohibited activities; modifying exempt facilities; providing
exceptions to hearing requirements; providing additional requirements and
jurisdiction for wind energy facilities; repealing laws regarding incomplete
applications; making an appropriation; authorizing a position; conforming
provisions; and providing for an effective date.
2/8/2010 Bill
Number Assigned
2/9/2010 S
Received for Introduction
2/10/2010 S
Introduced and Referred to S09
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
2/15/2010 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
2/15/2010 S
Placed on General File
2/15/2010 S
Rereferred to S02
2/17/2010 S02
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s) Massie, Meier, Nicholas, Peterson
and Townsend
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/17/2010 S
Placed on General File
SF0066SS001/ADOPTED
Page
4-line 9 Delete "transmission lines" insert "conductors".
Page 4-line 14 After "lines" insert "that serve
load or export energy from
Page 11-line 8 Delete "within the potentially impacted area" insert
"which will be primarily affected by the
proposed facility".
Page 15-line 5 Delete "." insert ";".
Page 15-after line 5 Insert and renumber:
"(xxiii) Oil
and gas conservation commission.".
Page 18-line 10 After "bond"
insert "or other financial assurance acceptable". LARSON, CHAIRMAN
SF0066SS002/ADOPTED
Page 1-line 13 After "applications;" insert
"making an appropriation; authorizing a position;".
Page 20-after line 5 Insert and renumber:
"Section
3. There is appropriated three
hundred fifty-five thousand seven hundred fifty-four dollars ($355,754.00)
from the general
fund and one (1) full-time position is authorized to the department of environmental
quality. This appropriation shall be for
the fiscal biennium beginning July 1, 2010.
This appropriation shall only be expended for the purposes of 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 be included in the department's 2013-2014 standard biennial budget
request.".
Page 20-line 6 Delete "3" insert "4". NICHOLAS, CHAIRMAN
2/18/2010 S Passed CoW
2/19/2010 S Passed 2nd
2/22/2010 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,
Perkins, Peterson, Ross, Scott, Sessions, Townsend and Von Flatern
Nays: Senator(s) Nicholas and Schiffer
Ayes 28 Nays
2 Excused 0 Absent 0 Conflicts
0
2/23/2010 H
Received for Introduction
2/23/2010 H
Introduced and Referred to H09
2/26/2010 H09
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Brechtel, Byrd, Craft,
Ayes 9 Nays
0 Excused 0 Absent 0 Conflicts
0
2/26/2010 H
Placed on General File
2/26/2010 H
Rereferred to H02
2/26/2010 H02
Recommended Do Pass
ROLL
CALL
Ayes: Representative(s) Berger, Hammons, Jorgensen
and Steward
Excused: Representative(s) Harshman, Pedersen and
Philp
Ayes 4 Nays
0 Excused 3 Absent 0 Conflicts
0
2/26/2010 H
Placed on General File
SF0066HS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 14 After "position;" insert
"conforming provisions;".
Page 6-After line 3 Insert:
"(f) In
addition to the rules and regulations adopted under subsection (b) of this
section, the council shall promulgate rules and regulations requiring
applicants for facilities described in W.S. 35‑12‑102(a)(vii)(E)
and (F) to provide notice to record
owners of mineral rights located on or under the lands where the proposed
facility will be constructed. Such
notice may include notice by publication.".
Page 20-After line
16 Insert:
"Section 3.
(a)
Notwithstanding section 1 of this act, if 2010 House Bill 0072 is
enacted into law, the amendments to W.S. 35-12-105 by creating new subsections
(d) through (f), 35-12-107(b) by creating a new paragraph (xiii), 35-12-109(a)
by creating a new paragraph (xx) and 35‑12‑119(c)(i) made by
section 1 of this act shall not be effective and, instead, W.S. 35-12-105 by
creating new subsections (d) through (f), 35-12-107(b) by creating a new
paragraph (xiii), 35-12-109(a) by creating a new paragraph (xx) and
35-12-119(c)(i) are 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)
In addition to the rules and regulations adopted under subsection (b) of
this section, the council shall promulgate rules and regulations requiring
applicants for facilities described in W.S. 35‑12‑102(a)(vii)(E)
and (F) to provide notice to record
owners of mineral rights located on or under the lands where the proposed
facility will be constructed. Such
notice may include notice by publication.
35‑12‑107. Request
for waiver of permit application; form.
(b) A request for a waiver shall
be filed with the division, in a form as prescribed by council rules and
regulations, and shall contain the following information:
(xiii) For facilities
permitted pursuant to W.S. 35‑12‑102(a)(vii)(E) or (F), a site
reclamation and decommissioning plan, which shall be updated every five (5)
years and a description of a financial assurance plan which will assure that
all facilities will be properly reclaimed and decommissioned. All such plans, unless otherwise exempt,
shall demonstrate compliance with any rules or regulations adopted by the
council pursuant to W.S. 35‑12‑105(d) and (e);
35‑12‑109. Application
for permit; form; fee; financial accounting.
(a) An application for a permit
shall be filed with the division, in a form as prescribed by council rules and
regulations, and shall contain the following information:
(xx) For facilities
permitted pursuant to W.S. 35‑12‑102(a)(vii)(E) or (F), a site
reclamation and decommissioning plan, which shall be updated every five (5)
years, and a description of a financial assurance plan which will assure that
all facilities will be properly reclaimed and decommissioned. All such plans, unless otherwise exempt,
shall demonstrate compliance with any rules or regulations adopted by the
council pursuant to W.S. 35‑12‑105(d) and (e);
35‑12‑119. Exemptions;
information required.
(c) The construction, operation
and maintenance of the following activities are exempt from this chapter:
(i) Electric transmission lines not exceeding five hundred thousand (500,000) with a maximum operating voltage of less than one hundred
sixty thousand (160,000) volts,; except:
(A) Any collector
system, regardless of voltage, associated with a commercial facility generating
electricity from wind and which meets the definition of an industrial facility
pursuant to W.S. 35-12-102(a)(vii)(E) and (F) shall not be exempt;
(B) A commercial
facility generating electricity from wind that is exempt from W.S. 35‑12‑102(a)(vii)(E)
or (F) shall not become subject to this chapter because its collector system is
greater than one hundred sixty thousand (160,000) volts.
(b) This section shall not be
effective if 2010 House Bill 0072 is not enacted into law.".
Page 20-line 18 Delete "3" insert "4".
Page 21-line 9 Delete "4" insert "5". LOCKHART, CHAIRMAN
3/1/2010 H Passed CoW
SF0066H2001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 9 After "(S)," insert
"(xv),".
Page 11-After line 4 Insert:
"(xv) What other local, state or federal permits and approvals are
required;". THRONE
SF0066H2002/ADOPTED (TO ENGROSSED COPY)
Page 6-After line 3 In the standing committee amendment
(SF0066HS001/AE) to this line delete "Such
notice may include notice by publication.". MILLER, ILLOWAY
3/2/2010 H Passed 2nd
3/3/2010 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, 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
3/3/2010 S
Received for Concurrence
3/3/2010 S
Did Concur
ROLL
CALL
Ayes: Senator(s)
Nays: Senator(s) Bebout, Geis, Hines, Meier,
Nicholas, Ross, Schiffer and Scott
Ayes 22 Nays
8 Excused 0 Absent 0 Conflicts
0
3/3/2010 Assigned
Number SEA No. 0038
3/4/2010 S
President Signed SEA No. 0038
3/4/2010 H
Speaker Signed SEA No. 0038
3/5/2010 Governor
Signed SEA No. 0038
3/8/2010 Assigned
Chapter Number
Chapter No. 0047 Session Laws of Wyoming 2010