Placement of wind energy facilities.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0307

HOUSE BILL
NO.
HB0048

Placement of wind energy facilities.

Sponsored by:
Representative(s) Cannady

A BILL

for

AN ACT relating to
wind energy siting; prohibiting the placement of wind energy facilities and equipment as specified;
and providing for an effective date.

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

Section 1
. W.S. 35
‑
1
‑
107 is created to read:

35
‑
1
‑
107.

Placement of wind energy facilities and equipment
.

(a)

Unless const
ructed
or
permitted
, if required,
prior to
March 31, 2011,
no collector system nor any equipment
or facility
used for the commercial generation of electricity from wind shall be constructed or permitted for construction within one (1) mile of any:

(i)

City, county or state park;

(ii)

Church;

(iii)

Cemetery;

(iv)

Public school;

(v)

Historic landmark or historic site; or

(vi)

Native American religious ground, as designated by the department of state parks and cultural resources or its designee.

(b)

For purposes of this section, "collector system"
means as defined in
W.S. 35
‑
12
‑
102(a)(xiv).

Section 2.
W.S. 18
‑
5
‑
502 by creating new subsection (e) and 35
‑
12
‑
106(a) are amended to read:

18
‑
5
‑
502.

County regulation of wind energy projects; exceptions.

(e)

No wind energy facility shall be permitted or constr
ucted in violation of W.S. 35
‑
1
‑
107
.

35
‑
12
‑
106.

Permit from council required prior to commencing construction of facility; electronic permitting; amendments; exceptions.

(a)

Subject to
W.S. 35
‑
1
‑
107,
n
o person shall commence to construct a facility, as defined in this chapter, in this state without first obtaining a permit for that facility from the council. Any facility, for which a permit is required, shall be constructed, operated and maintained in conformity with the permit and any terms, conditions and modifications contained in the permit. A permit may only be issued pursuant to this chapter or pursuant to the provisions of W.S. 18
‑
5
‑
501 through 18
‑
5
‑
513 for facilities referred to the council.

Section 3
.

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
HB0048