Representative Jefferson S. Burton proposes the following substitute bill:




Chief Sponsor: Jefferson S. Burton

Senate Sponsor: Ann Millner


8     General Description:
9          This bill enacts a provision related to wind energy facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the owner 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 Veterans and Military Affairs
17     (department) and the Department of Natural Resources that the clearinghouse
18     and the department have determined that the proposed construction does not
19     encroach upon or otherwise have an adverse impact on the military; and
20          ▸     provides for penalties if an owner of a wind turbine or a wind energy facility fails to
21     comply with the document submission requirements.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     ENACTS:
28          71A-1-203, Utah Code Annotated 1953

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 71A-1-203 is enacted to read:
32          71A-1-203. Wind turbine and wind energy facility siting -- Military Aviation and
33     Installation Assurance Siting Clearinghouse.
34          (1) As used in this section:
35          (a) "Clearinghouse" means the Military Aviation and Installation Assurance Siting
36     Clearinghouse established by the United States Secretary of Defense under 10 U.S.C. Sec.
37     183(a).
38          (b) (i) "Commencement of construction" means beginning excavation of wind turbine
39     foundations or other actions relating to the actual erection and installation of commercial wind
40     energy equipment.
41          (ii) "Commencement of construction" does not include activities related to:
42          (A) the erection of meteorological towers;
43          (B) environmental assessments;
44          (C) surveys;
45          (D) preliminary engineering; or
46          (E) assessments of the development of the wind resources on a given parcel of
47     property.
48          (c) "Determination of no hazard" means the formal response issued by the FAA upon
49     completion of an aeronautical study regarding a facility structure's impact to air navigation
50     affirming that:
51          (i) the facility structure does not exceed obstruction standards; and
52          (ii) modifications to the facility structure are not required.
53          (d) "FAA" means the United States Federal Aviation Administration.
54          (e) "Facility structure" means a wind turbine or other structure located on a wind
55     energy facility, the construction or modification of which would require the completion of
56     Form 7460-1.

57          (f) "Form 7460-1" means:
58          (i) FAA Form 7460-1, Notice of Proposed Construction or Alteration, which the FAA
59     uses to conduct aeronautical studies to promote air safety and the efficient use of navigable
60     airspace, as required under 14 C.F.R. Part 77; or
61          (ii) a form designated by the FAA to conduct aeronautical studies to promote air safety
62     and the efficient use of navigable airspace.
63          (g) "Mission compatibility certification letter" means the formal response the
64     clearinghouse issues through the clearinghouse's review of proposed projects and facility
65     structures through the clearinghouse's evaluation process.
66          (h) "Owner" means a person having a majority equity interest in a commercial wind
67     energy facility.
68          (i) (i) "Wind energy facility" means an electrical generation consisting of one or more
69     wind turbines under common ownership or operating control.
70          (ii) "Wind energy facility" includes the infrastructure necessary to support the
71     generation of electricity by one or more wind turbines, including:
72          (A) substations;
73          (B) meteorological data towers;
74          (C) aboveground and underground electrical transmission lines;
75          (D) transformers;
76          (E) control systems; and
77          (F) other structures used to support the operation of the facility with the primary
78     purpose of supplying electricity to an off-site customer.
79          (j) (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;
90          (d) a test or training range;
91          (e) a military installation or facility;
92          (f) United States Department of Defense special use air space; and
93          (g) United States Department of Defense spectral requirements.
94          (4) (a) A facility structure may not be constructed or expanded unless:
95          (i) there is an active determination of no hazard; or
96          (ii) any adverse impacts to the United States Department of Defense, determined in
97     accordance with 32 C.F.R. Sec. 211.6, or the National Defense Authorization Act have been
98     resolved as evidenced by documentation from the clearinghouse for the facility structure and
99     the department.
100          (b) For purposes of Subsection (4)(a)(ii), a mission compatibility certification letter
101     may serve as evidence that the wind facility has resolved adverse impacts with the United
102     States Department of Defense or successor agency.
103          (5) (a) Before expanding or constructing a facility structure, and within 30 days of
104     submitting an application to the FAA, an owner shall file a copy of the FAA application with
105     the department.
106          (b) Within 15 days of receiving a copy of the FAA application to construct a wind
107     energy site, the department will provide a copy of the application to the Department of Natural
108     Resources and the affected military entities.
109          (c) The department may serve in a coordination role with the owner, the Department of
110     Natural Resources, and the affected military entity.
111          (6) Within 30 days of receiving final notification from the FAA or a Notice of
112     Presumed Risk from the Department of Defense the owner shall provide the department a copy
113     of the documentation as well as:
114          (a) any determination of no hazard the owner receives related to the facility structure;
115          (b) any documentation the owner receives from the clearinghouse referring to any
116     resolution of adverse impacts created by the facility structure; and
117          (c) any documentation the owner receives from the department demonstrating a
118     determination of no impact or no hazard.

119          (7) The requirements under this section may not prohibit the construction of a facility
120     structure if the facility structure has received a determination of no hazard or mitigation plan
121     before May 1, 2024.
122          (8) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
123     Administrative Rulemaking Act, to administer this section.
124          (b) The documentation an owner submits in accordance with Subsection (5):
125          (i) shall only be used and disclosed by the department in accordance with this section;
126          (ii) is confidential, not public, and not open to public inspection; and
127          (iii) is not subject to Title 63G, Chapter 2, Government Records Access and
128     Management Act.
129          (9) If an owner fails to submit the documentation described in Subsections (5) and (6)
130     for an individual facility structure before the commencement of construction:
131          (a) the department shall charge the owner an administrative penalty not to exceed
132     $1,500 per day, per violation; and
133          (b) a stakeholder, including the department, may bring an action in court to:
134          (i) enjoin any action on a facility structure in violation of this section; and
135          (ii) enforce the requirements of this section.
136          Section 2. Effective date.
137          This bill takes effect on May 1, 2024.