HB4784 H ENG AM #1
Akers 3254
The Committee on Energy and Manufacturing moved to amend the bill on page 1, by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) In order for the commission to grant or approve a siting certificate as described in §24-2-11c of this code after the effective date of this section, the owner of a proposed wind energy system must meet the requirements established in this section. This section does not apply to applications for modifications pursuant to §24-2-11c of this code for siting certificates issued prior to the effective date of this section.
(b) For purposes of this section:
(1) "Owner" means a person with a direct ownership interest in a wind energy system, regardless of whether the person was involved in acquiring the necessary rights, permits, certificates, and approvals or otherwise planning for the construction and operation of a wind energy system.
(2) "Wind energy system" means equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy: Provided, That said equipment and facilities exceed five hundred kilowatts of potential generation.
(3) "Wind turbine" is a component of a wind energy system that uses the aerodynamic force from the rotor blades to turn wind power into electricity.
(c) An owner shall demonstrate that the design and construction of a wind energy system, or an addition to an existing wind energy system, meets the following requirements:
(1) The minimum setback from any non-participating landowner's property line for any wind turbine which is part of wind energy system shall be equal to or greater than 1.2 miles: Provided, That a landowner may elect to sign a written waiver to allow any wind turbine or group of turbines which are part of wind energy system to be placed less than the minimum set back provisions from the property line.
(2) No wind turbine which is part of wind energy system shall be closer than 1.6 miles from any useable building with a permanent foundation, public road, or powerline: Provided, That an owner’s buildings, private roads, and powerlines owned or used as part of the wind energy system are not subject to this setback provision.
(3) The owner shall measure wind turbine setback distances as a straight line from the vertical centerline of the wind turbine to either the nearest point on the permanent foundation of a building, public road, or powerline or to the nearest point on the property line, as applicable.
Adopted
Rejected