Amendments	Fiscal Memos
HA0832	Amendment 1-0 to HB1731
HA1003	Amendment 2-0 to HB1731
HA1004	Amendment 3-0 to HB1731

	Amendments	Fiscal Memos
SA0621	Amendment 1-1 to SB1793

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

ON APRIL 5, 2018, THE HOUSE ADOPTED AMENDMENTS #1, #2, AND #3 AND PASSED HOUSE BILL 1731, AS AMENDED.

AMENDMENT #1 rewrites this bill to establish a regulatory framework for wind energy facilities in this state.

Under present law, "wind energy facility":

(1) Means the equipment necessary for the operation of a facility that uses wind to generate electricity or that uses wind energy to heat or cool, or provide hot water for use in, a building or structure, including parts solely related to the functioning of that equipment, that cumulatively, with any other wind energy facility, has a rated capacity of one megawatt or more of energy;
(2) Includes turbines, towers, buildings, transmission facilities, and other associated facilities; and
(3) Does not include equipment that, when installed in connection with a dwelling, transmits or uses wind energy to produce energy in a useful form for residential purposes.

This amendment adds that, in order to be a wind energy facility for regulatory purposes, the facility must have a total height in excess of 200 feet.

Under this amendment, in order to undertake the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion in this state, a person must:

(1) Obtain a certificate of public convenience and necessity from the public utility commission. This amendment adds wind energy facilities to the definition of public utility in order to authorize the commission to issue the certificates. Pursuant to a provision of present law, a wind energy facility located in the jurisdiction of a local government that has adopted regulations related to the siting of wind energy facilities in its jurisdiction on or before July 1, 2017 will not be subject to certification as a public utility; and
(2) Obtain a permit from the local legislative body of the local government in which the facility or expansion will be located.

The commission is prohibited from issuing a certificate of public convenience and necessity for a wind energy facility that includes any wind turbine with a total height in excess of 350 feet as measured from the ground at its base to the maximum height of the blade tip located on a mountain ridge at an elevation above 2,500 feet mean sea level or 500 feet or more above mean sea level of the adjacent valley floor.

This amendment authorizes local governments to establish permitting requirements for wind energy facilities within their geographic boundaries. Generally, establishment of the permitting requirements will require a two-thirds vote of the local legislative body; except, that if an industrial development board for the local government proposes such local legislation or considers a request for a permit or permit procedures prior to any local legislation being considered by the local legislative body, then the local legislation is subject to a majority vote of the local legislative body. A municipal legislative body will not be authorized to adopt wind energy facility permitting requirements unless the county that the municipality is located in has adopted such requirements. This amendment requires that the following minimum requirements be included in any local wind energy permitting process:

(1) A minimum setback from any non-participating landowner's property line of three and one-half times the height of the turbine; except, that a non-participating landowner may waive such right to allow any wind turbine or group of turbines to be placed up to one and one-tenth times the total height of the turbine structure as measured from the ground at its base to the maximum height of the blade tip from the landowner's property line. For purposes of this amendment, a "non-participating landowner" means a landowner not under a lease or other property agreement with the owner or operator of a wind turbine facility;
(2) An environmental impact assessment conducted by third-party experts that includes a study of economic impacts, potential adverse impacts on ecosystems, viewshed analysis, hydrogeological assessment, risk assessment and mitigation recommendations for shadow flicker and incidents, and risk assessment related to interference with air traffic. An environmental assessment will not be required under a local permitting process for a wind energy facility or portion thereof that is subject to environmental review under the National Environmental Policy Act;
(3) A wildlife impact assessment. A wildlife impact assessment will not be required under a local permitting process for a wind energy facility or portion thereof that is subject to environmental review under the National Environmental Policy Act;
(4) Noise limits;
(5) Financial security, such as a bond, in an amount of 100 percent of the estimated cost to decommission the wind energy facility;
(6) Mandatory decommissioning or removal of a wind energy facility, if:
(A) Any wind turbine of a wind energy facility ceases to generate electricity for 180 continuous days, unless the termination of electricity was mandated by state or federal law. One or more 180-day extensions may be allowed; or
(B) Any wind turbine or group of wind turbines of a wind energy facility violates the noise limits, unless the turbine or group of turbines is brought into compliance within 180 days of the violation. One 180-day extension may be allowed; and
(7) Within 12 months following the decommissioning of a wind energy facility or expansion, the property must be restored to its original condition prior to commencement of activities on the site.

The local legislative body will be authorized to issue a permit for a general boundary and the wind energy facility may elect to move the planned locations of a wind turbine or other wind energy facility component after permit approval; provided, that the locations must not be moved outside of the permitted boundary and must comply with all other applicable requirements. The local legislative body may also institute wind energy facility design conditions for granting a permit in order to comply with any conditional approval from the wildlife resources agency and to mitigate potential impacts, as identified by the local legislative body or local agency.

There must be public notice and a public hearing prior to issuance of a wind energy facility permit.

A local government may establish a fee for:

(1) Processing and reviewing permit applications;
(2) Conducting public hearings; and
(3) The performance of the local legislative body's duties with regard to the permitting process.

This amendment requires any local government that adopts wind energy facility permitting requirements under this amendment to annually submit a report on its permitting activities to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate. The full text of this amendment specifies the contents of the annual reports.

The issuance of a permit under this amendment does not preclude the need for the applicant to obtain any and all other applicable local, state, or federal permits, licenses, or approvals for a wind energy facility. Also, this amendment does not limit local governments' zoning authority with regard to wind energy facilities.

All permit applications and other documents received by a local legislative body pursuant to this amendment, and any documents used by the local legislative body to evaluate the permit application, will be open for public inspection; except, that proprietary information shall remain confidential and not subject to disclosure to the public.

This amendment authorizes local legislative bodies to seek injunctive relief or institute other appropriate actions or proceedings in chancery court to ensure compliance with wind energy facility permitting requirements.

This amendment requires the municipal technical advisory service (MTAS) and the county technical assistance service (CTAS) to:

(1) Disseminate model local legislation for use by local governments in establishing conditions and other regulations for the issuance of permits for wind energy facilities and wind energy facility expansions; and
(2) Provide assistance, upon request, to the local governments in carrying out their functions pursuant to this amendment.

Pursuant to a provision of present law, this amendment will not apply in any local government that has adopted regulations related to the siting of wind energy facilities in its jurisdiction on or before July 1, 2017.

AMENDMENT #2 specifies that present law regarding the siting of wind energy facilities will not apply to any wind energy facility located in this state that was constructed prior to the effective date of this act.

AMENDMENT #3 specifies that the provisions related to the siting of wind energy facilities will not apply in any local government that has adopted regulations related to the siting of wind energy facilities in its jurisdiction on or before January 1, 2019.