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21LSO-0301
2021
STATE OF WYOMING
21LSO-0301
Introduced
2.0
HOUSE BILL NO. HB0040
Industrial siting revisions.
Sponsored by: Representative(s) Heiner, Eyre, Simpson, Sommers and Styvar and Senator(s) Baldwin
A BILL
for
AN ACT relating to industrial development and siting; revising the definition of affected landowners; providing that affected landowners receive notice of proposed industrial facilities; providing for other requirements related to affected landowners; modifying the waiver of permit application requirements; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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102(a)(xv), 35
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107(b)(xii), (xv), (c)(i), (d)(ii), (f), (g)(ii), (h)(ii) and (j)(ii),
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109(a)(xxii) and 35
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110(a)(i), (f)(ii) and (g)(intro) are amended to read:
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102.
Definitions.
(a)
As used in this chapter:
(xv)
"Affected landowner" means any person holding record title to land
on which
within a two (2) mile radius of where
any portion of a
commercial
facility
generating electricity from wind or solar
is proposed to be constructed and including any portion of any collector system located on those same lands. For purposes of this chapter, an affected landowner may be represented by any designated person.
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107.
Request for waiver of permit application; form.
(b)
A request for a waiver shall be filed with the division, in a form as prescribed by council rules and regulations, and shall contain the following information:
(xii)
Certification that the governing bodies of all local governments within the potentially impacted area
and all affected landowners
were provided notification, a description of the proposed project and an opportunity to ask the applicant questions at least thirty (30) days prior to submission of the application;
(xv)
For
all
proposed facilities
,
meeting the requirements of W.S. 35
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102(a)(vii)(E), (F) or (G),
a list of all affected landowners with an address at which each affected landowner can be given the notices required by this act.
(c)
Not more than seven (7) days following receipt of a request for a waiver, the director shall:
(i)
Serve notice of the request upon the governing bodies of local governments which will be primarily affected by the proposed facility and
, for proposed facilities meeting the requirements of W.S. 35
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102(a)(vii)(E), (F) or (G),
upon affected landowners;
(d)
Not more than fourteen (14) days following receipt of a request, the director shall:
(ii)
Notify the applicant
,
and
local governments
and affected landowners
of the meeting
;
and, for proposed facilities meeting the requirements of W.S. 35
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102(a)(vii)(E), (F) or (G), notify affected landowners;
(f)
Within fourteen (14) days of the public meeting, the applicant shall meet with the director
,
and
each local government affected by the proposed facility
and affected landowners
to determine the mitigation required to minimize any adverse impacts resulting from the proposed facility.
(g)
Not more than fifty (50) days following receipt of a request, the director shall:
(ii)
Notify the applicant
,
and
local governments
and affected landowners
of the hearing
;
and, for proposed facilities meeting the requirements of W.S.
35
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12
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102(a)(vii)(E), (F) or (G), notify affected landowners;
(h)
The applicant shall present any evidence necessary to demonstrate to the council:
(ii)
That the applicant has reached agreement with
affected landowners and
local governments affected by the facility on the mitigation required to alleviate adverse effects resulting from the facility; and
(j)
Within ten (10) days from the date of completion of the hearing the council shall make complete findings, issue an opinion and render a decision upon the record, either granting or denying the request for a waiver. The council shall grant a request for a waiver either as proposed or as modified by the council if it finds and determines that:
(ii)
The applicant has discussed the proposed facility with
affected landowners and
all local governments potentially affected by the project;
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109.
Application for permit; form; fee; financial accounting.
(a)
An application for a permit shall be filed with the division, in a form as prescribed by council rules and regulations, and shall contain the following information:
(xxii)
For
all
proposed facilities
,
meeting the requirements of W.S. 35
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102(a)(vii)(E), (F) or (G),
a list of all affected landowners with an address at which each affected landowner can be given the notices required by this act.
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110.
Service of notice of application; information and recommendations; application deficiencies; procedure; jurisdiction; hearing.
(a)
Not more than ten (10) days following receipt of an application for a permit, the director shall:
(i)
Serve an electronic or physical copy of the application upon
affected landowners and
the governing bodies of local governments which will be primarily affected by the proposed facility together with notice of the applicable provisions of W.S. 35
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111
;
and, for proposed facilities meeting the requirements of W.S. 35
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102(a)(vii)(E), (F) or (G), serve a copy of the application with notice of the applicable provisions of W.S. 35
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111 upon affected landowners;
(f)
Not more than ninety (90) days after receipt of an application for a permit, the director shall:
(ii)
Notify the applicant
, affected landowners
and local governments of the hearing
;
and, for proposed facilities meeting the requirements of W.S. 35
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102(a)(vii)(E), (F) or (G), notify affected landowners;
(g)
For
all
proposed facilities
:
meeting the requirements of W.S. 35
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102(a)(vii)(E), (F) or (G):
Section 2.
This act shall apply to applications filed with the division on or after July 1, 2021.
Section 3.
This act is effective July 1, 2021
.
(END)
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HB0040