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25LSO-0159
2025
STATE OF WYOMING
25LSO-0159
Numbered
2.0
SENATE FILE NO. SF0183
Moratorium-solar and wind projects.
Sponsored by: Senator(s) Hicks, Case and Steinmetz
A BILL
for
AN ACT relating to public health and safety; prohibiting the initiation or expansion of solar and wind energy facilities as specified; providing definitions; making conforming amendments; specifying applicability; providing a sunset date; 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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11
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2201 is created to read:
ARTICLE 22
PROHIBITION ON WIND AND SOLAR ENERGY FACILITY PROJECTS
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11
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2201.
Prohibition on new solar and wind projects; definitions; legislative findings; repeal; sunset date.
(a)
As used in this article:
(i)
"Solar energy facility" means as defined by W.S. 18
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5
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501(a)(vi) and shall not include a net metering system as defined by W.S. 37
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16
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101(a)(viii);
(ii)
"Wind energy facility" means as defined by W.S. 18
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5
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501(a)(ii) and shall not include a net metering system as defined by W.S. 37
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101(a)(viii).
(b)
Beginning the effective date of this act, no person shall initiate or expand a wind energy facility or solar energy facility project within the state. The prohibition imposed by this subsection shall end June 30, 2030.
(c)
This article is repealed June 30, 2030 unless the legislature takes further action.
Section 2.
W.S. 1
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26
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815(d), 18
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5
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502(a), (d) and (e), 34
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22
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105(a)(intro), 34
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27
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103(a) and (f), 35
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12
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102(a)(vii)(E)(intro) and (G)(intro), 35
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106(a) and 35
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115(a)(intro) are amended to read:
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815.
Right of eminent domain granted; ways of necessity for authorized businesses; purposes; extent.
(d)
Subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201, n
o person qualified to exercise the condemnation authority granted by this section
, except a public utility that has been granted a certificate of public convenience and necessity pursuant to W.S. 37
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2
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205,
shall exercise the authority for the erection, placement or expansion of collector systems associated with commercial facilities generating electricity from wind.
The prohibition imposed by this subsection shall be effective immediately and shall end
June 30, 2015 or upon the effective date of legislation establishing additional conditions for the use of condemnation authority for the erection, placement or expansion of collector systems associated with commercial facilities generating electricity from wind, whichever occurs earlier
June 30, 2030
.
As used in this subsection, "collector systems associated with commercial facilities generating electricity from wind" means the conductor infrastructure, including conductors, towers, substations, switchgear and other components necessary to deliver power from any commercial facility generating electricity from wind up to but not including electric substations or interconnections facilities associated with existing or proposed transmission lines that serve load or that export energy from Wyoming.
18
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5
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502.
County regulation of wind or solar energy projects; exceptions.
(a)
It is unlawful to locate, erect, construct, reconstruct or enlarge a facility without first obtaining a permit from the board of county commissioners in the county in which the facility is located
, subject to the moratorium on wind and solar energy facilities under W.S. 35
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11
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2201
.
(d)
Any wind energy facility which is not required to have a permit pursuant to subsection (c) of this section shall be required to obtain a permit for any enlargement of the facility after July 1, 2010
, subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201
.
(e)
No solar energy facility that has obtained final county approval where required or that is constructed or being constructed prior to July 1, 2020 shall be required to have the permit required by this section. Any solar energy facility that is not required to have a permit pursuant to this subsection shall be required to obtain a permit for any enlargement of the facility after July 1, 2020
, subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201
.
34
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22
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105.
County and municipal authority.
(a)
Subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201, l
and
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use regulations of local governments may encourage the use of solar energy systems. To encourage the use of solar energy systems, local governments may regulate:
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27
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103.
Declaration of wind energy rights.
(a)
Subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201, w
ind energy rights shall be regarded as an interest in real property and appurtenant to the surface estate.
(f)
Subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201, n
othing in this act shall alter, amend, diminish or invalidate wind energy agreements or conveyances made or entered into prior to April 1, 2011 provided that a contract, lease, memorandum or other notice evidencing the acquisition, conveyance or reservation of the wind energy rights is recorded in accordance with subsection (c) of this section no later than July 1, 2011.
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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
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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)
Subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201, a
ny commercial facility generating electricity from wind and associated collector systems that:
(G)
Subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201, a
ny commercial facility generating electricity from solar power and associated solar collector systems if the facility:
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106.
Permit from council required before commencing construction of facility; electronic permitting; amendments; exceptions; federal requirements.
(a)
Subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201, n
o person shall commence to construct a facility, as defined in this chapter, in this state without first obtaining a permit for that facility from the council. Any facility, for which a permit is required, shall be constructed, operated and maintained in conformity with the permit and any terms, conditions and modifications contained in the permit. A permit may only be issued pursuant to this chapter or pursuant to the provisions of W.S. 18
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5
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501 through 18
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513 for facilities referred to the council.
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115.
Additional requirements by other governmental agencies not permitted after issuance of permit; exceptions.
(a)
Notwithstanding any other provision of law
and subject to the moratorium on wind and solar energy facilities under W.S. 35
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2201
, no state, intrastate regional agency or local government may require any approval, consent, permit, certificate or other condition for the construction, operation or maintenance of a facility authorized by a permit issued pursuant to this chapter except that:
Section 3.
This act shall apply to wind and solar energy facility projects initiated on or after the effective date of this act. Nothing in this act shall be construed to prohibit wind or solar energy facility projects that have begun the local or state permitting process before the effective date of this act.
Section 4.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0183