AN ACT relating to wind energy.

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AN ACT relating to wind energy. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 278.704 is amended to read as follows: 3
(1) No person shall commence to construct a merchant electric generating facility until 4
that person has applied for and obtained a construction certificate for the facility 5
from the board. The construction cer tificate shall be valid for a period of three (3) 6
years after the issuance date of the last permit required to be obtained from the 7
Energy and Environment Cabinet , after which the certificate shall be void. The 8
certificate shall be conditioned upon the app licant obtaining necessary air, water, 9
and waste permits. If an applicant has not obtained all necessary permits and has 10
not commenced to construct prior to the expiration date of the certificate, the 11
applicant shall be required to obtain a new valid certificate from the board. 12
(2) (a) Except as provided in subsections (3), (4), and (5) of this section, no 13
construction certificate shall be issued to construct a merchant electric 14
generating facility unless: 15
1. The exhaust stack of the proposed facility and a ny wind energy turbine 16
is at least one thousand (1,000) feet from the property boundary of any 17
adjoining property owner; and 18
2. All proposed structures or facilities used for generation of electricity are 19
two thousand (2,000) feet from any residential neighborhood, school, 20
hospital, or nursing home facility. 21
(b) For purposes of applications for site compatibility certificates purs uant to 22
KRS 278.216, only the exhaust stack of the proposed facility to be actually 23
used for coal or gas -fired generation or, beginning with applications for site 24
compatibility certificates filed on or after January 1, 2015, the proposed 25
structure or facil ity to be actually used for solar or wind generation shall be 26
required to be at least one thousand (1,000) feet from the property boundary 27
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of any adjoining property owner and two thousand (2,000) feet from any 1
residential neighborhood, school, hospital, or nursing home facility. 2
(3) If the merchant electric generating facility is proposed to be located in a county or a 3
municipality with planning and zoning, then decommissioning and setback 4
requirements from a property boundary, residential neighborhood, sch ool, hospital, 5
or nursing home facility may be established by the planning and zoning 6
commission. Any decommissioning requirement or setback established by a 7
planning and zoning commission for a facility in an area over which it has 8
jurisdiction shall: 9
(a) Have primacy over the decommissioning requirements in KRS 278.706(2)(m) 10
and the setback requirement in subsections (2) and (5) of this section; and 11
(b) Not be subject to modification or waiver by the board through a request for 12
deviation by the applicant, as provided in subsection (4) of this section or 13
otherwise. 14
(4) The board may grant a deviation from the requirements of subsection (2) of this 15
section on a finding that the proposed facility is designed to and, as located, would 16
meet the goals of KRS 224 .10-280, 278.010, 278.212, 278.214, 278.216, 278.218, 17
and 278.700 to 278.716 at a distance closer than those provided in subsection (2) of 18
this section. 19
(5) If the merchant electric generating facility is proposed to be located on a site of a 20
former coal p rocessing plant in the Commonwealth where the electric generating 21
facility will utilize on-site waste coal as a fuel source, then the one thousand (1,000) 22
foot property boundary requirement in subsection (2) of this section shall not be 23
applicable; however , the applicant shall be required to meet any other setback 24
requirements contained in subsection (2) of this section. 25
(6) If requested, a merchant electric generating entity considering construction of a 26
facility for the generation of electricity or a pers on acting on behalf of such an 27
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entity shall hold a public meeting in any county where acquisition of real estate or 1
any interest in real estate is being considered for the facility. A request for such a 2
meeting may be made by the commission, or by any city or county governmental 3
entity, including a board of commissioners, planning and zoning, fiscal court, 4
mayor, or county judge/executive. The meeting shall be held not more than thirty 5
(30) days from the date of the request. 6
(7) The purpose of the meeting u nder subsection (6) of this section is to fully inform 7
landowners and other interested parties of the full extent of the project being 8
considered, including the project time line. One (1) or more representatives of the 9
entity with full knowledge of all asp ects of the project shall be present and shall 10
answer questions from the public. 11
(8) Notice of the time, subject, and location of the meeting under subsection (6) of this 12
section shall be posted in both a local newspaper, if any, and a newspaper of 13
general circulation in the county. Notice shall also be placed on the websites of the 14
unregulated entity[,] and any local governmental unit. Owners of real estate known 15
to be included in the project and any person whose property adjoins at any point 16
any property to be included in the project shall be notified personally by mail. All 17
notices must be mailed or posted at least two (2) weeks prior to the meeting. 18
(9) The merchant electric generating entity or a person acting on behalf of a merchant 19
electric generating entity shall, on or before the date of the public meeting held 20
under subsection (6) of this section, provide notice of all research, testing, or any 21
other activities being planned or considered to: 22
(a) The Energy and Environment Cabinet; 23
(b) The Public Service Commission; 24
(c) The Transportation Cabinet; 25
(d) The Attorney General; and 26
(e) The Office of the Governor. 27
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(10) Subsections (6) to (9) of this section shall not apply to any facility or project that 1
has already received a certificate of construction from the board. 2