Wind Energy Task Force
Statutory Responsibilities 2009 HB 1 Section 348
(c) The task force shall study the following, as they relate to regulation and taxation of the wind energy conversion industry:
(i) Statutes relating to the authority of the industrial siting division of the department of environmental quality;
(ii) Statutes relating to the authority of the public service commission;
(iii) Statutes related to county zoning authority;
(iv) Any relevant federal statutes that may preempt or limit state or county authority; and
(v) Other issues relating to the wind energy conversion industry the task force may determine to be relevant, including the appropriate agency, or agencies as may be necessary, to regulate the industry, how such regulation of the industry should be funded, the process for decommissioning of facilities, and wind generation tax policies, avoiding duplication of conflicting requirements and effects on state trust lands.
The bullet points below outline some of the issues that the Task Force may consider:
County and/or State regulatory control
Industrial Siting
Jurisdiction
Roads and road impacts
Traffic patterns and safety
Municipality infrastructure – services
Socioeconomic evaluation
Public Service Commission duties and regulatory authority
Appropriate entities for regulation / consolidation of regulatory authority
Transmission line regulation
Transmission lines over 500 kV
Transmission lines less than 500 kV
Environmental Concerns
Sage Grouse – Endangered Species Act listing concerns
Other plant and wildlife impact concerns including migration and habitat loss
Historic preservation
Aesthetics
Viewsheds
Construction impacts
Taxation and Revenue
Taxation of wind power generation
Funding of regulatory activities
Impact assistance mitigation
Sales and use tax – exemptions; impact on funding for impact assistance
De-commissioning of wind towers
Useful life of project
Bonding requirements
State trust land impacts
Property interests in wind
Federal regulations and restrictions
Other Issues: