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24LSO-0510
2024
STATE OF WYOMING
24LSO-0510
Numbered
2.0
SENATE FILE NO. SF0104
Wind and solar facilities-state lands amendments.
Sponsored by: Senator(s) Boner, Cooper, Dockstader, Jones and Steinmetz and Representative(s) Chadwick, Conrad, Heiner, Knapp, Lawley, Slagle, Strock and Western
A BILL
for
AN ACT relating to permitting and industrial siting of solar and wind energy facilities; amending the definition of affected landowner to include leaseholders of state lands; authorizing affected grazing and agricultural leaseholders to consent before permitting by boards of county commissioners for facilities constructed on state lands; providing notice to leaseholders of state lands; authorizing leaseholders of state lands to be parties to an industrial siting council permit proceeding; providing definitions; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 18
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501(a) by creating a new paragraph (vii), 18
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503(a)(i), 18
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504(a)(iv), (v), (vii)(A) and (d), 18
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507 by creating a new subsection (d), 35
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102(a)(xv), 35
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111(a)(iii) and 35
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113(a)(intro) are amended to read:
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501.
Definitions.
(a)
As used in this article:
(vii)
"Affected grazing and agricultural leaseholder" means a grazing and agricultural leaseholder of state lands on which any portion of a facility is proposed to be constructed who does not have a contract with the owner or developer of the facility.
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503.
Application.
(a)
To obtain the permit required by W.S. 18
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502, the owner or developer of a 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 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
, to all grazing and agricultural leaseholders of state lands if the leased land is within one (1) mile of the proposed facility
and to all cities and towns located within twenty (20) miles of the facility.
Notice shall include a general description of the project including its location, projected number and capacity of turbines or solar energy facilities, the likely routes of ingress and egress and the likely location of electric transmission and other related facilities;
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504.
Minimum standards; incorporation into other processes.
(a)
No board of county commissioners shall issue a permit for a facility if that facility:
(iv)
For wind energy facilities, would construct any tower or other structure, other than underground structures, transmission lines, roadways and structures appurtenant to roadways, at a distance of less than five and one
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half (5.5) times the maximum height of the tower, but in no event less than one thousand (1,000) feet from any platted subdivision unless this restriction is waived in writing by the owners of all lands
and all affected grazing and agricultural leaseholders
included within the distance specified in this paragraph;
(v)
For wind energy facilities, would locate the base of any tower at a distance of less than five and one
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half (5.5) times the maximum height of the tower, but in no event less than one thousand (1,000) feet from a residential dwelling or occupied structure, unless waived in writing by the person holding title to the residential dwelling or occupied structure
and all affected grazing and agricultural leaseholders included within the distance specified in this paragraph
;
(vii)
For solar energy facilities:
(A)
Would locate the facility within three hundred (300) feet of an occupied structure or residence unless waived in writing by the owner of the structure or residence
and all affected grazing and agricultural leaseholders of the structure or residence included within the distance specified in this paragraph
;
(d)
No board of county commissioners shall issue a permit under W.S. 18
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502(a) until that county has adopted rules and regulations governing the notice that the application for a permit must provide to the record owners
, affected grazing and agricultural leaseholders
and claimants of mineral rights located on and under lands where the facility will be constructed. The rules shall conform to rules adopted by the industrial siting council for the same purpose pursuant to W.S. 35
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105.
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507.
Decision of the board; findings necessary.
(d)
Each affected grazing and agricultural leaseholder may consent in writing before a permit is granted for a facility on state lands. If each affected grazing and agricultural leaseholder does not consent in writing the board of county commissioners may develop adequate safeguards to ensure proper protection and reclamation of the state lands in a manner that assures the continued suitability for the use authorized to the affected grazing and agricultural leaseholder.
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102.
Definitions.
(a)
As used in this chapter:
(xv)
"Affected landowner" means any person holding record title to land
and any leaseholder of state lands
on which 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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111.
Parties to permit proceeding; waiver by failure to participate.
(a)
The parties to a permit proceeding include:
(iii)
Any person residing in a local government entitled to receive a copy of the application under W.S. 35
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110(a)(i) including any person holding record title to lands directly affected by construction of the facility
, any leaseholder of state lands
and any nonprofit organization with a Wyoming chapter, concerned in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial, agricultural and industrial groups, or to promote the orderly development of the areas in which the facility is to be located. In order to be a party the person or organization must file with the office a notice of intent to be a party not less than twenty (20) days before the date set for the hearing.
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113.
Decision of council; findings necessary for permit conditions imposed; service of decision on parties; waste management surcharge.
(a)
Within forty
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five (45) 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 application as filed, or granting it upon terms, conditions or modifications of the construction, operation or maintenance of the facility as the council deems appropriate. The council shall not consider the imposition of conditions which address impacts within the area of jurisdiction of any other regulatory agency in this state as described in the information provided in W.S. 35
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110(b), unless the other regulatory agency requests that conditions be imposed. In considering the imposition of conditions requested by other agencies upon private lands
or state lands
, the council shall consider in the same manner and to the same extent any comments presented by an affected landowner. The council may consider direct or cumulative impacts not within the area of jurisdiction of another regulatory agency in this state. The council shall grant a permit either as proposed or as modified by the council if it finds and determines that:
Section 2
.
This act applies to all permit applications filed on and after July 1, 2024.
Section 3
.
This act is effective July 1, 2024
.
(END)
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SF0104