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HB0129 • 2020

Reclamation of surface coal mines-turbine blades.

AN ACT relating to environmental quality; requiring the environmental quality council to establish rules and regulations for uses of wind turbine materials as specified; amending definitions; making conforming amendments; and providing for an effective date.

Agriculture Energy Water
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Barlow
Last action
2020-03-24
Official status
enrolled
Effective date
7/1/2020

Plain English Breakdown

The official source material does not provide specific details on how the rules will ensure that materials are buried deep enough to avoid contamination.

Rules for Wind Turbine Blade Disposal

This law requires rules to be made about using old wind turbine parts as backfill in surface coal mining sites.

What This Bill Does

  • Requires the Environmental Quality Council, through recommendations from the Department of Environmental Quality, to establish rules and regulations for the use of decommissioned wind turbine blades and towers as backfill in surface coal mining reclamation plans.

Who It Names or Affects

  • Environmental Quality Council
  • Mine operators involved in surface coal mining reclamation plans
  • Companies that decommission wind turbines

Terms To Know

Reclamation Plan
A plan for restoring land after it has been used for mining.
Aquifer
An underground layer of water-bearing permeable rock or materials such as gravel, from which groundwater can be extracted using a well.

Limits and Unknowns

  • The law does not specify how the fees collected will be used.
  • It is unclear what happens if the rules are not followed by those disposing of turbine blades and towers.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0129HS001

Standing Committee • House Minerals, Business and Economic Development

Adopted

Plain English: The amendment modifies the bill by adding new definitions for solid waste management facilities and industrial facilities, excluding certain lands and facilities from these definitions.

  • Adds a new definition for 'solid waste management facility' that excludes farmland used to dispose of farm-generated waste and lands subject to specific state regulations.
  • Defines 'commercial solid waste management facility' as one receiving more than 500 short tons per day of refuse, excluding certain lands and facilities.
  • Establishes a new definition for 'industrial facility', including commercial waste incineration or disposal facilities capable of handling over 500 short tons of refuse daily.
  • The amendment text does not provide details on how these changes will be implemented or enforced.
  • It is unclear what specific state regulations are referenced in the exclusions for certain lands and facilities.

Bill History

  1. 2020-03-24 LSO

    Assigned Chapter Number 143

  2. 2020-03-24 Governor

    Governor Signed HEA No. 0068

  3. 2020-03-10 Senate

    S President Signed HEA No. 0068

  4. 2020-03-10 House

    H Speaker Signed HEA No. 0068

  5. 2020-03-10 LSO

    Assigned Number HEA No. 0068

  6. 2020-03-10 Senate

    S 3rd Reading:Passed 28-2-0-0-0

  7. 2020-03-09 Senate

    S 2nd Reading:Passed

  8. 2020-03-06 Senate

    S COW:Passed

  9. 2020-03-05 Senate

    S Placed on General File

  10. 2020-03-05 Senate

    S09 - Minerals:Recommend Do Pass 4-0-1-0-0

  11. 2020-02-28 Senate

    S Introduced and Referred to S09 - Minerals

  12. 2020-02-27 Senate

    S Received for Introduction

  13. 2020-02-26 House

    H 3rd Reading:Passed 56-3-1-0-0

  14. 2020-02-25 House

    H 2nd Reading:Passed

  15. 2020-02-24 House

    H COW:Passed

  16. 2020-02-17 House

    H Placed on General File

  17. 2020-02-17 House

    H09 - Minerals:Recommend Amend and Do Pass 8-1-0-0-0

  18. 2020-02-11 House

    H Introduced and Referred to H09 - Minerals 58-0-2-0-0

  19. 2020-02-07 House

    H Received for Introduction

  20. 2020-02-07 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0241
Bill No.:

HB0129

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0241

Enrolled Act No.:

HEA No. 0068

Chapter No.:

143

Prime Sponsor:

Barlow

Catch Title:

Reclamation of surface coal mines-turbine blades.

Subject:

Authorizing the disposal of decommissioned wind turbine blades.

Summary/Major Elements:

The act requires the Environmental Quality Council (through recommendations from the Department of Environmental Quality) to promulgate rules for the use of decommissioned wind turbine blades and towers as backfill in surface coal mining sites as part of the mine's reclamation plan.

The act requires the rules to set minimum requirements for burial and to require the removal of all mechanical and electrical materials from the wind turbine blades and towers before burial.

The act requires disposal fees of twenty-five percent (25%) of the revenues the mine operator gains from allowing burial of the blades and towers.

The act excludes lands and facilities that allow for burial of blades and turbines from the provisions of the Industrial Siting Act.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
20LSO-0241

ORIGINAL House

Bill No
.
HB0129

ENROLLED ACT NO. 68,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to environmental quality; requiring the environmental quality council to establish rules and regulations for uses of wind turbine materials as specified; amending definitions; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S.

35
‑
11
‑
103(d)(ii)(E), (F), by creating a new subparagraph (G) and (iv),
35
‑
11
‑
402(a) by creating a new paragraph (xiii) and by renumbering (xiii) as (xiv) and 35
‑
12
‑
102(a)(vii)(A) are amended to read:

35
‑
11
‑
103.

Definitions.

(d)

Specific definitions applying to solid waste management:

(ii)

"Solid waste management facility" means any facility for the transfer, treatment, processing, storage or disposal of solid waste, but does not include:

(E)

Lands and facilities owned by a person engaged in farming or ranching and used to dispose of solid waste generated incidental to his farming and ranching operations;
or

(F)

Transport vehicles, storage containers and treatment of the waste in containers
;
.

or

(G)

Lands and facilities subject to W.S. 35
‑
11
‑
402(a)(xiii).

(iv)

"Commercial solid waste management facility" means any facility receiving a monthly average
greater than five hundred (500) short tons per day of unprocessed household refuse or mixed household and industrial refuse for management or disposal
, excluding lands and facilities subject to W.S. 35
‑
11
‑
402(a)(xiii)
;

35
‑
11
‑
402.

Establishment of standards.

(a)

The council shall, upon recommendation by the advisory board through the administrator and the director, establish rules and regulations pursuant to the following reclamation standards for the affected areas, including but not limited to:

(xiii)

Rules and regulations governing the use of decommissioned wind turbine blades and towers to backfill surface coal mining sites as part of an approved reclamation plan. Rules promulgated under this paragraph shall, at a minimum, provide for:

(A)

Minimum depth requirements for the burial of decommissioned wind turbine blades and towers to be buried below the surface and above any aquifers as defined in W.S. 35
‑
11
‑
103(h)(i). In setting depth requirements under this subparagraph, the council, administrator and director may consult standards for solid waste management facilities established by the solid and hazardous waste management division;

(B)

The removal of all mechanical, electrical and other materials from the decommissioned wind turbine blades and towers allowing only the base material of the blades and towers to be buried;

(C)

Disposal fees to be remitted to the department by the operator who allows disposal of
decommissioned wind turbine blades and towers in surface coal mining sites, which shall be twenty
‑
five percent (25%) of any revenues collected by the operator for the disposal of the decommissioned wind turbine blades and towers. The fees collected under this subparagraph shall be credited to the general fund;

(D)

The incorporation or amendment of any rules pertaining to solid and hazardous waste necessary to allow for the disposal of decommissioned wind turbine blades and towers in surface coal mining sites to be reclaimed.

(xiii)
(xiv)

Establishing such other rules and regulations necessary to insure full compliance with all requirements relating to reclamation, and the attainment of those objectives directed to public health, safety, and welfare.

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:

(A)

Any commercial waste incineration or disposal facility capable of receiving greater than five hundred (500) short tons per day of household refuse or mixed household and industrial refuse
, excluding lands and facilities subject to W.S. 35
‑
11
‑
402(a)(xiii)
;

Section 2
.

This act is effective July 1, 2020
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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