Decommissioning of wind turbines.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0655.W2
DRAFT ONLY

DRAFT
ONLY
NOT APPROVED FOR INTRODUCTION

HOUSE BILL
NO.

Decommissionin
g
of wind turbines.

Sponsored by:
Representative(s)
Simpson

A BILL

for

AN ACT relating to
commercial wind energy conversion
facilities
; providing for the decommissioning of wind turbines
as specified
;
requiring performance bonds;

providing definitions; requir
ing the
environmental quality

council
to adopt rules;
specifying when bonding requirements
shall be met
;
and providing for an effective date.

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

Section 1.

W.S. 3
5
‑
1
1
‑
4
3
8 is
created to read:

3
5
‑
1
1
‑
4
3
8
.

Commercial wind turbine conversion facilities; authority and jurisdiction to decommission; rules; de
finitions
.

(a)

The
department
has continuing authority for decommissioning o
f
commercial wind energy conversion facilities. The
department
may:

(i)

Investigate all methods and practices of
commercial
wind energy conversion facilities, subject to the provisions of this
section
;

(ii)

Require the filing and determine the amount of a bond or other assurance, conditioned upon compliance with this article and the rules and orders of the co
uncil
. The
department
may

accept under terms and conditions as the
council
may prescribe, a surety bond, collateral bond, escrow account or any other alternative form of security or other
financial
assurance, or combination thereof, by which an owner or operator assures faithful performance of all requirements of this article and the rules of the
council
;
and

(iii)

Regul
a
te the decommissioning of a commercial wind en
e
rgy conversion
facility
.

(b)

The owner and operator of a commercial wind energy conversion facility shall, at his expense, complete decommissioning of the commercial wind energy conversion facility, or individual wind turbines, within twelve (12) months after the end of the useful life of the commercial wind energy conversion facility or individual wind turbines. The commercial wind energy conversion facility or individual wind turbine is presumed to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months, unless a plan is developed and submitted to the
department
outlining the steps and schedules for returning the facility or turbine to service.

(c)

Decommissioning of commercial wind energy conversion facilities includes the removal of all physical material pertaining to the wind energy conversion facility to a

depth of forty-eight (48) inches beneath the soil surface and restoration of the disturbed area to substantially the same physical condition that existed
immediately
before
construction
.

(d)

Disturbed earth shall be graded and reseeded, unless the landowner request
s
in writing that the access roads or other land surface areas not be removed and restored to substantially the same physical condition that existed immediately before construction.

(e)

The
department
may require a performance bond to provide for the decommissioning and removal of a commercial wind energy conversion facility
. The performance bond may be in the form of a surety bond, collateral bond, cash or any alternative form of security or other financial assurance as prescribed by
council
rule. The
department
shall
consider

the
anticipated life of the project, the
estimated
decommissioning costs in current
dollars, the
method and schedule for updating the costs of decommissioning and
restoration
, the method of ensuring that funds will be available for decommissioning and restoration, and the
anticipated
manner in which the project will be decommissioned and the site restored when
a
dopting rules that detail the bond requirements and when
determining
the amount of any required bond.

(f)

If the
commercial wind energy conversion facility owner or operator does not complete decommissioning, the
department
may take action as necessary to complete decommissioning, including requiring forfeiture of the bond. The entry into a participating landowner agreement constitutes agreement and consent of the parties to the agreement, their respective heirs, successors and
assigns
, that the
department
may take action that may be necessary to implement the decommissioning plan, including the exercise by the
department
,
department
staff and contractors of the right of ingress and egress for the purpose of decommissioning the commercial wind energy conversion facility.

(g)

An easement or lease between a landowner and the owner or operator of a
commercial
wind conversion facility or wind turbine may contain provisions for decommissioning that are
more restrictive than the provisions of this article.

(
h
) A
s used in this section:

(i)

"Commercial wind energy conversion facility" means a wind energy conversion facility of equal or greater than
xxx
kilowatts of total nameplate generating capacity;

(ii)

"Wind turbine" means a wind turbine of equal or greater than
one and one
-
half (1.5)
kilowatts of total nameplate generating capacity.

Section 2.

The environmental q
uality council shall, pursuant to W.S. 35
‑
11
‑
112(a)(i), promulgate rules and regulations to implement the purposes of W.S. 35
‑
11
‑
438, created by section 1 of this
act
.

Section 3.
The joint minerals, business and economic development interim committee shall study the commercial wind energy conversion industry during the 2009 interim. The study shall examine the need for regulation of the commercial wind energy conversion industry, including the appropriate agency to regulate the industry, the extent of industry regulation that may be necessary beyond decommissioning of commercial wind energy conversion, and whether such regulation of the industry should be funded as provided for utilities under title 37 of the Wyoming Statutes, or by some other means. The joint minerals, business and economic development interim committee shall submit its report and any recommended legislation to the governor and the legislature no later than December 1, 2009.

Section
4
.

All commercial wind conversion
facilities
in existence in the state
on or
prior to the effective date of this act shall comply with the bonding requirements in W.S. 37
‑
16
‑
302, created by this act, no later than July 1, 2010

Section
5
.

This act is effective July 1, 2009.

(END)

1