Wind Energy Act.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0359

HOUSE BILL
NO.
HB0306

Wind
E
nergy
A
ct
.

Sponsored by:
Representative(s)
Carson
, Byrd, Gilmore, Hales, Jaggi, Miller, Moniz, Roscoe and Zwonitzer, Dn. and Senator(s) Decaria

A BILL

for

AN ACT relating to
wind energy
; providing definitio
ns; providing applicability; providing standards for wind energy systems as specified; providing rulemaking authority; requiring the approval of a site plan and a wind energy permit

as specified prior to construction of certain wind energy systems; requiring removal of wind energy systems as specified; providing a penalty;
and providing for effective date
s
.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
12
‑
201
through 35
‑
1
2
‑
206
are created to read:

ARTICLE 2
WIND ENERGY ACT

35
‑
1
2
‑
201
.

Wind
E
nergy
A
ct; short title.

This act shall be known and may be cited as the "
Wind Energy Act
".

3
5
‑
1
2
‑
20
2
.

Applicability.

(a
)

The provisions of this
article
shall apply to large wind energy
systems
and wind farms. This
article
shall not apply to small wind energy systems or to meteorological towers.

(b)

Except for W.S.
35
‑
12
‑
205
, the provisions of this
article
shall not apply to
the construction of
large wind energy
systems or wind farms that have commenced construction prior to the effective date of this
article
.

35
‑
12
‑
203
.

Standards
for
wind energy systems
.

(a
)

The
council
, in consultation with the
director and the
administrator

shall adopt
rules and
regulations consistent with this
chapter
for the construction of large wind energy systems
, the review of site plans and application
s
for wind energy permits
. The
rules and
regulations shall include the following:

(i)

That t
he wind tower for any large horizontal wind energy system shall be of monopole construction unless otherwise approved by the
council
. The
council
may approve other construction for a wind tower if monopole construction is not practicable or if the
council
determines that a different construction method would be more appropriate
;

(i
i
)

Appropriate
location
s for
large wind energy systems and wind farms. The regulations shall provide that wind energy systems and wind farms shall not be located in residential areas;

(ii
i
)

S
etbacks from the property line of a nonparticipat
ing property, provided that the
center of the base of a wind tower shall
be at least
a distance equal to the total height of the wind energy system
away from the property line of a nonparticipating property
or any occupied structure on participating structure
;

(i
v
)

The total height
and lighting requirements
for a wind energy system including that the height
and lighting
of a wind energy system shall comply with applicable
local,
state and federal aviation guidelines;

(
v)

P
ermissible ground clearance, provided that the ground clearance for the blade of a wind energy system at its lowest point shall not be less than twenty-five (25) feet;

(v
i
)

That a wind tower and any climbing aids shall be secured from unauthorized access;

(vi
i
)

That electrical wires shall be located underground when
practical
;

(vii
i
)

Requirements that wind energy systems shall comply with applicable building and electrical codes as determined by the
council
;

(
ix
)

Provisions that prohibit the use of wind energy systems, wind towers or any associated structure for advertising and that prohibit the display of any word or graphic representation except for appropriate warning signs or for the identification of the wind energy system or any owner,
participating
property owner or manufacturer
of the wind energy system
;

(
x)

Permissible noise as measured from the boundary line of a nonparticipating property, provided that a
n owner of
nonparticipating property may agree in writing to allow noise levels that exceed the permissible noise level determined by the
council
;

(x
i
)

Reclamation requirements for
property
where a large wind energy system or wind farm is located;

(xi
i
)

Requirements for the mitigation of the impact to public
and private
roads used in transporting parts, materials and equipment for the construction of the wind energy systems or wind farms;

(xi
i
i
)

Requirements that the owner of a large wind energy system shall obtain liability insurance to cover loss or damage caused by failure of the wind energy system;

(xi
v
)

A
permit fee system and schedule of fees adequate to cover all reasonable direct and indirect costs of reviewing and acting upon
sit
e plans and wind energy permits.

35
‑
1
2
‑
2
04
.

Site plan;
wind energy permit
.

(
a
)

P
rior to construction, e
ach large wind energy system or wind farm
in this state
shall have an approved site plan and a wind energy permit as provided in this section.

(b
)

An applicant for a wind energy permit shall submit a site plan to the

council
. The site plan shall be made in a manner and on a form as prescribed by the
council
. The site plan shall include, without limitation:

(i)

The name, mailing address and telephone number of th
e person signing the application and a certification that the application
and
statements and provisions contained therein are true
;

(ii)

The name, mailing address and telephone number of each owner;

(iii)

The name, mailing address and telephone number of each owner of participating property or proposed participating property;

(iv)

An
y fees required by the council
including any impact costs to local communities
;

(
v)

A legal description of the participating property or proposed participating property;

(v
i
)

A general description of the proposed wind energy system or wind farm including information that will allow the
council
to
determine
if the proposed wind energy system or wind farm will comply with the rules
and regulations adopted by the
council
under
W.S. 35
‑
1
2
‑
203
;
and

(vi
i
)

The location of:

(A)

Existing above ground utility lines, roads and easements on the property;

(B)

Any existing building or structure on or within one
-
quarter (1/4) mile of the property including any hospital, public library, residence, school or other structure designated for public assembly;

(C)

Each cultural or sensitive natural resource including, without limitation,
any historical structure, trail, archaeological site, wetland, migratory flight path, endangered wildlife and endangered
vegetation
.

(c)

Not more than sixty (60) days after the council determines that a site plan is complete, the council shall hold a public hearing on the site plan. The council shall approve the site plan if it meets the requirements of this a
rticle
and the rules and regulations
established by the council
. The council may approve the site plan with conditions or additional requirements necessary for the site plan to comply with the requirements of this a
rticle
and any rules and regulations adopted by the council.

(d)

Not more than three (3) years after the site plan is approved pursuant to subsection (c) of this section,
the owner of the wind energy system shall apply
to the administrator
for a wind energy permit.
The owner may apply for a single wind energy permit if multiple wind energy systems will be operated as part of a wind farm,
and a permit may provide that a
wind farm may be constructed in specific phases.
If a wind farm is constructed in phases which will last longer than one (1) year, the owner shall apply to renew the permit each year.
The application for a wind energy permit shall be made in a manner and on a form as prescribed by the council. The
application
shall include, without limitation:

(i)

The approved site plan;

(i
i
)

Evidence that the wind energy system or wind farm is in compliance with any conditions or require
ments of the approved site plan;

(ii
i
)

Final construction documents
;

(iv
)

A
specific site plan showing the location of all lar
ge wind energy system locations;
and

(v)

Any fees required by the council.

(e)

The administrator
may
issue a wind energy permit if
he determines that
the application is in compliance with this section and any rules and regulations adopted by the council.
Unless a large wind energy system is installed and
functioning
, a
wind energy permit issued pursuant to this section expires
one
(
1
) year after the
date it is issued
, but may be renewed
by the administrator if the owner submits an application to renew a permit in a manner and on a form as prescribed by the council.

3
5
‑
1
2
‑
2
05
.

Termination of operations; removal
.

(a)

The
owner
of a large wind energy system or wind farm
shall provide written notice of termination of a large wind energy system or wind farm to the administrator not later than thirty (30) days after termination of operations.

(b)

If a large wind energy system or wind farm is not operated for a period of twelve (12) months, the administrator may issue a notice of abandonment to each owner and each owner of participating property. If, not later than thirty (30) days after the issuance of a notice of abandonment, the administrator
receives
written notice that the wind energy system or wind farm has not been abandoned
and will resume operations within six (6) months,
the administrator shall withdraw the notice.

(c)

A large wind energy system or wind farm shall be removed not later than:

(i)

Twelve (12) months after the owner provides notice of termination under subsection (a) of this section; or

(i
i
)

Six (6) months after the issuance of a notice of abandonment under subsection (b) of this section, unless the notice is withdrawn by the administrator.

(d)

For a removal required under subsection (c) of this section, the owner shall:

(i)

Except for utility infrastructure which is still in use, r
emove all wind energy systems, above ground improvements and outdoor storage, unless otherwise agreed by the owner of the participating property;

(ii)

Remove all foundations, pads and underground electrical wires
, unless otherwise agreed by the owner of the participating property;

(iii)

Remove any hazardous material and dispose of it in accordance with applicable state and federal laws;

(iv)

Restore any public
and private
roads which are damaged by the removal of a large wind energy system or wind farm; and

(v)

Re
claim
soils and vegetation located on the site to their original or better condition.

35
‑
1
2
‑
2
06
.

Enforcement.

(a)

No person shall
erect or
construct
a large wind energy system or w
ind farm in violation of this article
or otherwise reconstruct or convert a building or structure to establish a large wind energy system or wind farm in violation of this a
rticle
.

(b)

No person shall fail or refuse to remove a large wind energy system or wind farm as provided in
W.S. 35
‑
1
2
‑
2
05
.

(c)

Any person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than
sixty (60
) days, a fine of not more than
seven
hundred
fifty
dollars ($
75
0.00), or both.

Each day a violation continues shall constitute a separate offense.

Section 2
.

W.S. 35
‑
1
2
‑
10
2
by creating a new subsection (
b
) is amended to read:

35
‑
1
2
‑
10
2
.

Definitions.

(
b
)

Specific definitions applying to the
W
ind
E
nergy
A
ct:

(i
)

"Horizontal wind energy system" means a wind energy system which has a rotor axis that is substantially parallel to the wind flow;

(ii
)

"Large wind energy system" means a wind energy system that has a certified capacity of more than one hundred (100) kilowatts or is one hundred (100) feet or more in total height;

(iii
)

"Meteorological tower" means a tower used for the measurement of wind
data
;

(
iv
)

"Nonparticipating property" means real property on which there is no large wind energy system or, as to adjacent property, property on which one (1) or more
than one (1)
large wind energy system is located but which is owned, operated and managed separately from a large wind energy system or wind farm sited on an adjacent property;

(v)

"Participating property" means property on which a large wind energy system or wind farm is operated;

(
vi
)

"Site plan" means documents, including a scale diagram, describing the purpose, scope and preliminary details of a proposed wind energy system or wind farm;

(
vii
)

"Small wind energy system" means a wind energy system that has a certified capacity of one hundred (100) kilowatts or less;

(vi
ii)

"Total height" means the height of the wind tower or other support structure for a wind energy system and the highest vertical extension of the wind energy system as measured from ground level;

(
ix
)

"Wind energy permit" means a document issued by the administrator that approves the construction of a large wind energy system;

(x)

"Wind energy system" means equipment that converts and then stores or transfers energy from wind into any form of usable electrical energy and includes any base, blade, foundation, generator, nacelle, accessory building, rotor, tower, transformer, turbine, vane, wire or other accessory component. "Wind energy system" does not include a meteorological tower;

(xi
)

"Wind farm" means two (2) or more large wind energy systems under the same ownership, operational control or management and designed for the purpose of the sale, resale or off-site use of energy produced by the wind energy systems;

(xi
i)

"Wind tower" means a free standing structure for the support of a wind energy system or components of a wind energy system.

Section 3.

(a)

Except as otherwise provided in subsection (b) of this section, this act is effective July 1, 2009.

(b)

For the purpose of preparing administrative regulations, W.S. 35
‑
11
‑
2003 as created under section 1 of this act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0306