Wind energy facilities-industrial siting.

2018
STATE OF WYOMING
18LSO-0295
Numbered
1.2

SENATE FILE

NO.
SF0051

Wind energy facilities-industrial siting.

Sponsored by:
Senator(s) Case and Representative(s) Lindholm and Pelkey

A BILL

for

AN ACT relating to industrial siting; expanding the jurisdiction of the industrial siting council over wind energy facilities as specified; providing for hearings to require permitting of wind energy facilities that do not meet existing thresholds as specified; authorizing fees; authorizing rulemaking; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
12
‑
120 is created to read:

35
‑
12
‑
120
.

W
ind energy facilities;
hearings;
application forms; fees; findings.

(a)

Any person may apply to the council for a hearing to determine that a wind energy facility that does not meet the definition of a facility as
provided
in W.S. 35
‑
12
‑
102(a)(vii)(E)
(I) or (II)
should be permitted under this act. The application for hearing form shall set forth the following information:

(i)

The name and address of the applicant;

(ii)

The name and address of the person
responsible for
the planned or existing
facility;

(i
i
i)

A description of the nature and location of the facility;

(i
v
)

A statement and any documentary evidence as to why the facility should be
required to be
permitted;

(v)

Any other information the applicant considers relevant or required by council rule or regulation.

(b)

At the time of filing an application as provided by this section, the applicant may be required to pay a fee as determined by the director
and
credited and expended as provided in
W.S. 35
‑
12
‑
109(b).

(c)

On receipt of an application, the director shall conduct a review of the application to determine if it contains all the information required by this section and the rules and regulations.
Within fifteen (15) days after receipt, the director
shall:

(i)

R
eject the application
if the director determines that it is incomplete

and give
written notice to the
applicant
of the specific deficiencies in the application
; or

(ii)

Schedule a public hearing and give written notice of the time and date of the hearing to the applicant
and the person
responsible for the planned or existing
facility.

(d)

T
he council
may
,
after
a hearing has been scheduled as provided in this section or upon its own motion
,

hold a hearing
to determine whether the evidence presented to the council demonstrates that the facility should be permitted under this act.

(e)

The council shall find that a facility should be permitted under this act if
the evidence
demonstrate
s
that:

(
i
)

Reasonably foreseeable
future phases of the planned or existing
facility
will make the total number of turbines greater than or equal to the threshold in
W.S. 35
‑
12
‑
102
(a)(vii)(E)(I);
or

(
ii
)

The planned or existing installation is
or may reasonably be expected to become
part of a larger project with other planned or existing installations owned by separate persons and the total number of turbines in the
larger project is
or will be
greater than or equal to the threshold in
W.S. 35
‑
12
‑
102
(a)(vii)(E)(I).

(f)

Within thirty (30) days from the date of the council's finding
that the facility should be permitted
, the person
responsible for the
planned or existing facility shall apply for an industrial siting permit as provided by this act.

Section

2
.

W.S. 35
‑
12
‑
102(a)(vii)(E)
(I), (II) and by creating a new subdivision (III)
is amended to read:

35
‑
12
‑
102
.

Definitions.

(a)

As used in this chapter:

(vii)

"Industrial facility" or "facility" means any industrial facility with an estimated construction cost of at least ninety
‑
six million nine hundred thousand dollars ($96,900,000.00) as of May 30, 1987. Exempt activities shall not be included in the estimated construction cost of an industrial facility. The council
shall adjust this amount, up or down, each year using recognized construction cost indices as the council determines to be relevant to the actual change in construction cost applicable to the general type of construction covered under this chapter. "Facility" also includes, regardless of construction cost:

(E)

Any commercial facility generating electricity from wind and associated collector systems that:

(I)

Consists of thirty (30) or more wind turbines in all planned phases of the installation;
or

(II)

Expand an existing installation not previously defined as a facility to include a total number of turbines greater than or equal to the
thresholds

threshold
in subdivision (a)(vii)(E)(I) of this section
;
.

or

(III)

Has been determined by t
he council
to require
permitting under this act
as provided in W.S.
35
‑
12
‑
120
.

Section 2
.

This act is effective July 1, 201
8
.

(END)

1
SF0051