Utah 2023 Regular Session

Utah House Bill HB0535 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 535
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: S. Elder 6
4	4	6 02-21-23 11:21 AM 6
5	5	H.B. 535
6	6	1 WIND ENERGY FACILITY SITING MODIFICATIONS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Jefferson S. Burton
10	10	5 Senate Sponsor: Ann Millner
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill enacts a provision related to wind energy facilities.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <requires the owner of a wind energy facility to:
18	18	13 Cundergo the Military Aviation and Installation Assurance Siting Clearinghouse
19	19	14(clearinghouse) process before commencement of construction on a wind
20	20	15turbine or a wind energy facility; and
21	21	16 Cfile documentation with the Department of Natural Resources (department) that
22	22	17the clearinghouse has determined that the proposed construction does not
23	23	18encroach upon or otherwise have a significant adverse impact on the military;
24	24	19and
25	25	20 <provides for penalties if an owner of a wind turbine or a wind energy facility fails to
26	26	21submit the proper documentation to the department.
27	27	22Money Appropriated in this Bill:
28	28	23 None
29	29	24Other Special Clauses:
30	30	25 None
31	31	26Utah Code Sections Affected:
32	32	27ENACTS:
33	33	HB0535 H.B. 535 02-21-23 11:21 AM
34	34	- 2 -
35	35	28 79-2-407, Utah Code Annotated 1953
36	36	29
37	37	30Be it enacted by the Legislature of the state of Utah:
38	38	31 Section 1. Section 79-2-407 is enacted to read:
39	39	32 79-2-407. Wind turbine and wind energy facility siting -- Military Aviation and
40	40	33Installation Assurance Siting Clearinghouse.
41	41	34 (1) As used in this section:
42	42	35 (a) "Clearinghouse" means the Military Aviation and Installation Assurance Siting
43	43	36Clearinghouse established by the United States Secretary of Defense under 10 U.S.C. Sec.
44	44	37183(a).
45	45	38 (b) (i) "Commencement of construction" means beginning excavation of wind turbine
46	46	39foundations or other actions relating to the actual erection and installation of commercial wind
47	47	40energy equipment.
48	48	41 (ii) "Commencement of construction" does not include activities related to:
49	49	42 (A) the erection of meteorological towers;
50	50	43 (B) environmental assessments;
51	51	44 (C) surveys;
52	52	45 (D) preliminary engineering; or
53	53	46 (E) assessments of the development of the wind resources on a given parcel of
54	54	47property.
55	55	48 (c) "Determination of no hazard" means the formal response issued by the FAA upon
56	56	49completion of an aeronautical study regarding a facility structure's impact to air navigation
57	57	50affirming that:
58	58	51 (i) the facility structure does not exceed obstruction standards; and
59	59	52 (ii) modifications to the facility structure are not required.
60	60	53 (d) "FAA" means the United States Federal Aviation Administration.
61	61	54 (e) "Facility structure" means a wind turbine or other structure located on a wind
62	62	55energy facility, the construction or modification of which would require the completion of
63	63	56Form 7460-1.
64	64	57 (f) "Form 7460-1" means:
65	65	58 (i) FAA Form 7460-1, Notice of Proposed Construction or Alteration, which the FAA 02-21-23 11:21 AM H.B. 535
66	66	- 3 -
67	67	59uses to conduct aeronautical studies to promote air safety and the efficient use of navigable
68	68	60airspace, as required under 14 C.F.R. Part 77; or
69	69	61 (ii) a form designated by the FAA to conduct aeronautical studies to promote air safety
70	70	62and the efficient use of navigable airspace.
71	71	63 (g) "Mission compatibility certification letter" means the formal response the
72	72	64clearinghouse issues through the clearinghouse's review of proposed projects and facility
73	73	65structures through the clearinghouse's evaluation process.
74	74	66 (h) "Owner" means a person having a majority equity interest in a commercial wind
75	75	67energy facility.
76	76	68 (i) (i) "Wind energy facility" means an electrical generation facility consisting of one or
77	77	69more wind turbines under common ownership or operating control.
78	78	70 (ii) "Wind energy facility" includes:
79	79	71 (A) substations;
80	80	72 (B) meteorological data towers;
81	81	73 (C) aboveground and underground electrical transmission lines;
82	82	74 (D) transformers;
83	83	75 (E) control systems; and
84	84	76 (F) other structures used to support the operation of the facility with the primary
85	85	77purpose of supplying electricity to an off-site customer.
86	86	78 (iii) "Wind energy facility" does not include an electrical generation facility located
87	87	79entirely on property held in fee simple by the owner of the wind energy facility.
88	88	80 (j) (i) "Wind turbine" means a wind energy conversion system that converts wind
89	89	81energy into electricity through the use of a wind turbine generator.
90	90	82 (ii) "Wind turbine" includes the turbine, blade, tower, base, and pad transformer.
91	91	83 (2) Construction or modification of a facility structure may not encroach upon or
92	92	84otherwise have an adverse impact on the mission, training, or operations of any military
93	93	85installation or branch of the military as determined by the clearinghouse and the FAA.
94	94	86 (3) An adverse impact to a military installation or branch of the military in Subsection
95	95	87(2) includes an adverse impact to:
96	96	88 (a) a military training route;
97	97	89 (b) a drop zone; H.B. 535 02-21-23 11:21 AM
98	98	- 4 -
99	99	90 (c) an approach to a runway; and
100	100	91 (d) a bombing range.
101	101	92 (4) (a) A facility structure may not be constructed or expanded unless:
102	102	93 (i) there is an active determination of no hazard; or
103	103	94 (ii) any adverse impacts to the United States Department of Defense, determined in
104	104	95accordance with 32 C.F.R. Sec. 211.6, have been resolved as evidenced by documentation from
105	105	96the clearinghouse for the facility structure.
106	106	97 (b) For purposes of Subsection (4)(a)(ii), a mission compatibility certification letter
107	107	98may serve as evidence that the wind facility has resolved adverse impacts with the United
108	108	99States Department of Defense or successor agency.
109	109	100 (5) Before expanding or constructing a facility structure, an owner shall file with the
110	110	101department:
111	111	102 (a) any determination of no hazard the owner receives related to the facility structure;
112	112	103or
113	113	104 (b) any documentation the owner receives from the clearinghouse referring to any
114	114	105resolution of adverse impacts created by the facility structure.
115	115	106 (6) The requirements under this section may not prohibit the construction of a facility
116	116	107structure if the facility structure has received a determination of no hazard or mitigation plan
117	117	108before May 3, 2023.
118	118	109 (7) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
119	119	110Administrative Rulemaking Act, to administer this section.
120	120	111 (b) The documentation an owner submits in accordance with Subsection (5) is not
121	121	112subject to Title 63G, Chapter 2, Government Records Access and Management Act.
122	122	113 (8) If an owner fails to submit the documentation described in Subsection (5) for an
123	123	114individual facility structure before the commencement of construction:
124	124	115 (a) the department shall charge the owner an administrative penalty not to exceed
125	125	116$1,500 per day, per violation; and
126	126	117 (b) a stakeholder, including the department, may bring an action in an appropriate court
127	127	118of general jurisdiction to:
128	128	119 (i) enjoin any action on a facility structure in violation of this section; and
129	129	120 (ii) enforce the requirements of this section.