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7 LONG TITLE
8 General Description:
9 This bill enacts a provision related to wind energy facilities.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires an owner or operator of a wind energy facility to:
13 • undergo the Military Aviation and Installation Assurance Siting Clearinghouse
14 (clearinghouse) process before commencement of construction on a wind
15 turbine or a wind energy facility; and
16 • file documentation with the Department of Natural Resources that the
17 clearinghouse has determined that the proposed construction does not encroach
18 upon or otherwise have a significant adverse impact on the military; and
19 ▸ provides for penalties if an owner of a wind turbine or a wind energy facility fails to
20 submit the proper documentation to the department.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 79-2-405, Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 79-2-405 is enacted to read:
31 79-2-405. Wind turbine and wind energy facility siting -- Military Aviation and
32 Installation Assurance Siting Clearinghouse.
33 As used in this section:
34 (1) (a) "Commencement of construction" means beginning excavation of wind turbine
35 foundations or other actions relating to the actual erection and installation of commercial wind
36 energy equipment.
37 (b) "Commencement of construction" does not include activities related to:
38 (i) the erection of meteorological towers;
39 (ii) environmental assessments;
40 (iii) surveys;
41 (iv) preliminary engineering; or
42 (v) assessments of the development of the wind resources on a given parcel of
43 property.
44 (c) "Clearinghouse" means the Military Aviation and Installation Assurance Siting
45 Clearinghouse established by the United States Secretary of Defense under 10 U.S.C. Sec.
46 183(a).
47 (d) "Determination of no hazard" means the formal response issued by the FAA upon
48 completion of an aeronautical study regarding a facility structure's impact to air navigation
49 affirming that:
50 (i) the facility structure does not exceed obstruction standards; and
51 (ii) modifications to the facility structure are not required.
52 (e) "FAA" means the United States Federal Aviation Administration.
53 (f) "Facility structure" means a wind turbine or other structure located on a wind
54 energy facility, the construction or modification of which would require the completion of
55 Form 7460-1.
56 (g) "Form 7460-1" means:
57 (i) FAA Form 7460-1, Notice of Proposed Construction or Alteration, which the FAA
58 uses to conduct aeronautical studies to promote air safety and the efficient use of navigable
59 airspace, as required under 14 C.F.R. Part 77; or
60 (ii) a form designated by the FAA to conduct aeronautical studies to promote air safety
61 and the efficient use of navigable airspace.
62 (h) "Mission compatibility certification letter" means the formal response the
63 clearinghouse issues through the clearinghouse's review of proposed projects and facility
64 structures through the clearinghouse's evaluation process.
65 (i) "Owner" means a person having a majority equity interest in commercial wind
66 energy equipment, including the person's successors and assigns.
67 (j) (i) "Wind energy facility" means an electrical generation facility consisting of one or
68 more wind turbines under common ownership or operating control.
69 (ii) "Wind energy facility" includes:
70 (A) substations;
71 (B) meteorological data towers;
72 (C) aboveground and underground electrical transmission lines;
73 (D) transformers;
74 (E) control systems; and
75 (F) other structures used to support the operation of the facility and with the primary
76 purpose of supplying electricity to an off-site customer.
77 (iii) "Wind energy facility" does not include an electrical generation facility located
78 entirely on property held in fee simple by the owner of the wind energy facility.
79 (k) (i) "Wind turbine" means a wind energy conversion system that converts wind
80 energy into electricity through the use of a wind turbine generator.
81 (ii) "Wind turbine" includes the turbine, blade, tower, base, and pad transformer.
82 (2) Construction or modification of a facility structure may not encroach upon or
83 otherwise have an adverse impact on the mission, training, or operations of any military
84 installation or branch of the military as determined by the clearinghouse and the FAA.
85 (3) An adverse impact to a military installation or branch of the military in Subsection
86 (2) includes an adverse impact to:
87 (a) a military training route;
88 (b) a drop zone;
89 (c) an approach to a runway; and
90 (d) a bombing range.
91 (4) (a) A facility structure may not be constructed or expanded unless:
92 (i) there is an active determination of no hazard; or
93 (ii) any adverse impacts to the United States Department of Defense, determined in
94 accordance with 32 C.F.R. Sec. 211.6, have been resolved as evidenced by documentation from
95 the clearinghouse for the facility structure.
96 (b) For purposes of Subsection (4)(a)(ii), a mission compatibility certification letter
97 may serve as evidence that the wind facility has resolved adverse impacts with the United
98 States Department of Defense or successor agency.
99 (5) Before expanding or constructing a facility structure, an owner shall file with the
100 department:
101 (a) any determination of no hazard the owner receives related to the facility structure;
102 and
103 (b) any documentation the owner receives from the clearinghouse referring to any
104 resolution of adverse impacts created by the facility structure.
105 (6) The requirements under this section may not prohibit the construction of a facility
106 structure if the facility structure has received a determination of no hazard or mitigation plan
107 before May 5, 2021.
108 (7) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
109 Administrative Rulemaking Act, to administer this section.
110 (b) The documentation an owner submits in accordance with Subsection (5) is not
111 subject to Title 63G, Chapter 2, Government Records Access and Management Act.
112 (8) If an owner fails to submit the documentation described in Subsection (5) for an
113 individual facility structure before the commencement of construction:
114 (a) the department shall charge the owner an administrative penalty not to exceed
115 $1,500 per day, per violation; and
116 (b) a stakeholder, including the department, may bring an action in an appropriate court
117 of general jurisdiction to:
118 (i) enjoin any action on a facility structure in violation of this section; and
119 (ii) enforce the requirements of this section.