Wind energy facilities-military approval.

20LSO-0591
2020
STATE OF WYOMING
20LSO-0591
ENGROSSED
3.0

SENATE FILE NO. SF0132

Wind energy facilities-military approval.

Sponsored by: Senator(s) Boner and Nethercott and Representative(s) Lindholm and Olsen

A BILL

for

AN ACT relating to planning and zoning; requiring military review and approval before construction of wind energy facilities; amending permit application requirements; and providing for an effective date.

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

Section 1
.

W.S. 18
‑
5
‑
503(a)(i), 18
‑
5
‑
504 by creating a new subsection (d) and 35
‑
12
‑
106 by creating a new subsection (g) are amended to read:

18
‑
5
‑
503.

Application.

(a)

To obtain the permit required by W.S. 18
‑
5
‑
502, the owner or developer of a wind energy facility shall
submit an application to the board of county commissioners. The application shall:

(i)

Certify that reasonable efforts have been undertaken to provide notice in writing to all owners of land within one (1) mile of the proposed wind energy facility
, to the military installation commander or the commander's designee if there are any active federal military missile launch or control facilities within five (5) miles of the proposed facility, to the department of transportation
and to all cities and towns located within twenty (20) miles of the wind energy facility. Notice shall include a general description of the project including its location, projected number of turbines and the likely routes of ingress and egress;

18
‑
5
‑
504.

Minimum standards; incorporation into other processes; pre
‑
construction approval.

(d)

For a permit granted for a wind energy facility under this article, there shall be no vertical construction of a wind turbine within two (2) nautical miles of any active federal military missile launch or control facility,
unless the owner or developer of the wind energy facility first obtains and furnishes documentation to the board of county commissioners of:

(i)

A written determination of no adverse impact on nuclear security operations from the military installation commander or the commander's designee. The determination shall not be unreasonably withheld or denied;

(ii)

A determination of no hazard from the federal aviation administration; and

(iii)

Documentation from the federal military aviation and installation assurance siting clearinghouse that resolves any potential adverse impact on military operations and readiness and that commits to implement required mitigation measures.

35
‑
12
‑
106.

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

(g)

For a permit issued for a facility meeting the definition of W.S. 35
‑
12
‑
102(a)(vii)(E), there shall be no vertical construction of a wind turbine within two (2) nautical miles of any active federal military missile launch or control facility, unless the owner or developer of the facility first obtains and furnishes documentation to the division of:

(i)

A written determination of no adverse impact on nuclear security operations from the military installation commander or the commander's designee. The determination shall not be unreasonably withheld or denied;

(ii)

A determination of no hazard from the federal aviation administration; and

(iii)

Documentation from the federal military aviation and installation assurance siting clearinghouse that resolves any potential adverse impact on military operations and readiness and that commits to implement required mitigation measures.

Section 2
.

This act is effective July 1, 2020
.

(END)

1
SF0132