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REFERENCE TITLE: decommissioning; solar and wind; standards |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2618 |
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Introduced by Representative Griffin
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An Act
amending title 30, Arizona Revised Statutes, by adding chapters 7 and 8; relating to power.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 30, Arizona Revised Statutes, is amended by adding chapters 7 and 8, to read:
CHAPTER 7
SOLAR ENERGY POWER PLANTS
ARTICLE 1. GENERAL PROVISIONS
30-901. Applicability
A. An applicant for a solar energy power plant shall apply for a permit with the COUNTY in which the solar energy power plant is to be located in a manner prescribed by the COUNTY. The county may issue a permit to a Solar Energy Power Plant as follows:
1. In light industrial and high industrial areas.
2. In rural zoning and general business Zoning Districts by Special Use Authorization only.
3. As part of a professional development or Master Development Plan.
B. Subsection A of this section does not apply to residual power returning to the grid that is provided by small-scale systems that primarily provide on-site power, subject to Corporation Commission rules.
C. Site-specific conditions or project scope, or both, may require an Applicant to provide the county with:
1. Drainage and soil reports.
2. Water budgets and conservation measures.
3. Environmental assessments or environmental impact statements.
4. Visual impact analyses.
5. Federal aviation administration obstruction analyses and cultural resources assessments.
30-902. Site development design standards
The following site development standards apply for the permitting, construction and operation of a Solar Energy Power Plant:
1. A ground or pole-mounted solar energy system may not exceed twenty feet in height when oriented at maximum tilt. A roof-mounted solar energy system may not exceed ten feet in height from the roof surface when oriented at maximum tilt.
2. Setbacks from all property boundaries and road travel ways for a Solar Energy Power Plant must be at least twice the minimum setback requirement for the respective Zoning District or must equal the height of the tallest structure, whichever is greater.
3. Setback distance must be measured from the edge of the solar energy system array, excluding security fencing, screening or berm.
4. A minimum distance is not required between Solar Energy Power Plant components or design features and other structures on a property.
5. A ground-mounted solar energy system is exempt from lot coverage or impervious surface standards if the soil under the collector is maintained with perennial vegetated groundcover and not compacted.
6. The ground around and under solar panels and in project site buffer areas must be planted, established and maintained for the life of the solar project with a vegetated perennial ground cover.
7. All on-site utility and transmission lines, including power and communication lines running between banks of solar panels or interconnections with buildings, or both, must be buried underground to the maximum extent feasible. Power and communication lines between the project and the point of interconnection with the transmission system may be overhead.
8. Perimeter fencing for the site must incorporate wildlife-friendly fencing standards specific to the site to the greatest extent possible.
30-903. Transfer or sale
A. The transfer of a Solar Energy Power Plant or Special Use Permit or the sale of the entity owning the solar energy power plant may not occur without written acceptance by the transferee of the transferor's obligations under this chapter. A transfer or sale does not eliminate the liability or responsibility of an applicant or of any other party under this chapter for acts or omissions occurring before the transfer or sale.
B. For a transfer of unit ownership, the county may reassess the amount of a bond and request an additional amount to be posted in order to provide adequate surety. The current project owner or operator shall reimburse any costs to the county associated with these activities.
30-904. Cessation of use; abandonment; damage
A. If a part of a Solar Energy Power Plant is damaged or if a Solar Energy Power Plant violates a permit condition, the owner or operator shall cure any deficiency within ninety days after written notice from the county.
B. If a Solar Energy Power Plant remains nonfunctional or inoperative for a continuous period of at least one year, the applicant or its successors or assigns, without any further action by the county, shall remove the system and restore the site at its own expense, subject to the Decommissioning Plan.
30-905. Decommissioning and site restoration
A. All applications for a Solar Energy Power Plant must include a Decommissioning Plan, acceptable to the county, to ensure that all system components are properly decommissioned on the end of their operational life, cessation of use or determination of abandonment.
B. The Decommissioning Plan shall state how the facility will be decommissioned and shall include a Professional Engineer's estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning and the financial assurances necessary to fund the decommissioning.
C. The removal of the system shall:
1. Include all above ground components, including Solar arrays, transformers, battery energy storage systems, above ground collection cables and poles and fencing.
2. Comply with the following:
(a) Foundations and buried project components, other than buried collection lines, must be removed to a depth of at least thirty-six inches.
(b) Buried collection lines must be removed to a depth of at least thirty-six inches. Collection lines below a depth of thirty-six inches may remain in place.
(c) Removal activities must be completed within one year after decommissioning initiation unless otherwise approved by the county.
D. The restoration of each site shall include:
1. Minimizing ground disturbance and restoring the site to its original ground contours, if possible.
2. Reasonably restoring and reestablishing disturbed on-site soils and vegetation by using native seed mix and proper soil nutrients, including fertilizer and lime, to provide and sustain growth or in coordination with the landowner to allow desired vegetation to be planted.
3. Adequately restoring roads to their original condition following decommissioning activities.
4. Allowing access roads, fencing, associated drainage improvements and any other residual minor improvements to remain with the landowner's written consent.
5. Removing and remediating any hazardous materials.
E. After providing reasonable notice to the property owner, the county may enter the site to effect or complete decommissioning pursuant to the Decommissioning Plan.
30-906. Financial assurance
A. The owner or operator of a solar energy power plant shall continuously maintain financial assurance in the amount of the decommissioning costs in a manner prescribed by the county. The financial assurance shall be in place before construction commences and be in the amount of the decommissioning costs as determined by an engineer who is registered pursuant to title 32, chapter 1. The owner or operator shall pay all costs of the financial assurance. The owner or operator must update the cost estimate every five years to ensure an accurate estimation of costs associated with equipment value and site restoration, adjusted for inflation.
B. The county may use the financial assurance for the costs of correcting any other acts of noncompliance with this chapter.
30-907. Liability insurance required
The owner or operator of a solar energy power plant shall maintain a current liability insurance policy to cover installation and operation costs and shall include the county as an additional insured, with the designation of primary and noncontributory. The applicant shall immediately provide the county, in writing, with notice of the cancellation of or any other change to this liability insurance policy.
CHAPTER 8
WIND ENERGY POWER PLANTS
ARTICLE 1. GENERAL PROVISIONS
30-1001. Applicability
A. An applicant for a wind energy power plant shall apply for a permit with the county in which the wind energy power plant is to be located in a manner prescribed by the county. The county may issue a permit to a wind Energy Power Plant. The wind Energy Power Plant shall be:
1. Constructed only for the primary purpose of providing electricity to an off-site consumer.
2. Allowed by Special Use Authorization only in:
(a) A growth area with rural zoning in outlying rural areas that are between CITIES and unincorporated COMMUNITIES that are characterized by a low rate of growth, unimproved roads, low density, large lot rural residential development, agricultural production and large tracts of undeveloped PRIVATE and public lands.
(b) General business, Light industrial or HIgh industrial Zoning Districts.
B. Subsection A of this section does not apply to residual power returning to the grid that is provided by small-scale systems that primarily provide on-site power, subject to Corporation Commission rules.
C. Site-specific conditions or project scope, or both, may require an Applicant to provide the county with:
1. Drainage and soil reports.
2. Environmental assessments or environmental impact statements.
3. Visual impact analyses, including shadow flicker analyses, electromagnetic interference analyses, migratory bird or bat studies and cultural resources assessments.
30-1002. Site development design standards
A. The following site development standards apply for the permitting, construction and operation of a wind energy power plant:
1. A wind Energy Power Plant is exempt from height limits.
2. Setbacks from all property boundaries and road travel ways for a Wind Energy Power Plant must be equal to the height of the tallest structure with turbine blades fully extended for freestanding Wind Turbines, plus ten feet. Wind Turbines, components, design features and other structures associated with the Wind Turbines must have a minimum setback of one thousand feet to any existing residence, school, nursing home or hospital.
3. The distance between structures must equal the fully extended height of the structure, plus ten feet, for freestanding Wind Turbines.
4. Noise that is generated by a Wind Energy Power Plant system may not exceed fifty decibels, as measured from the nearest property line, except during short-term events, including utility outages and severe windstorms.
5. Light fixtures or illumination of any kind are not allowed on a Wind Energy Power Plant except as required by the Federal Aviation Administration or to the extent required for safety or applicable federal, state or local law. The application shall include a copy of the determination by the Federal Aviation Administration to establish required markings and lights for the structure.
6. Signs of any type may not be attached to a Wind Energy Power Plant, including fencing and support structures. This paragraph does not apply to any manufacturer's logos that may be part of the system when purchased, emergency notification information or appropriate warning signage.
7. All power transmission lines from the tower to any building or other structure associated with the development must be located underground to the maximum extent practicable.
8. All turbines and towers that are part of the application must be painted a neutral color. Finishes must be matte or nonreflective.
9. A Wind energy power plant system and transmissions poles must be constructed with a tubular tower or monopole structure and not a lattice tower.
B. A Wind energy power plant shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. For the purposes of this subsection, "Operational condition" includes meeting all noise requirements and other permit conditions and requirements of this Section.
C. The county may require additional mitigation measures to mitigate any site-specific conditions to lessen negative impacts uncovered by supplemental reports included in the application.
30-1003. Supplemental safety provisions
A. A Wind energy power plant system shall be equipped with a redundant braking system, including both:
1. Aerodynamic overspeed controls, including variable pitch, tip and other similar systems.
2. Mechanical brakes that must be operated in a fail-safe mode.
B. Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of any fencing around each tower or group of towers and any building or on the tower or building if there is no fence. The signs shall contain emergency contact information, including a local telephone number with twenty-four hours a day, every day coverage.
C. Climbing pegs and tower ladders may not be located closer than twelve feet to the ground level at the base of the structure for freestanding single pole or guyed towers.
30-1004. Transfer or sale
A. The transfer of a Wind Energy power plant or Special Use Permit or the sale of the entity owning the wind energy power plant may not occur without written acceptance by the transferee of the transferor's obligations under this chapter. A transfer or sale may not eliminate the liability or responsibility of an applicant or of any other party under this chapter for acts or omissions occurring before the transfer or sale.
B. For a transfer of unit ownership, the county may reassess the amount of a bond and request an additional amount to be posted in order to provide adequate surety. The current project owner or operator shall reimburse any costs to the county associated with these activities.
30-1005. Cessation of use; abandonment; damage
A. If a part of a Wind energy power plant is damaged or if a Wind energy power plant violates a permit condition, the owner or operator shall cure any deficiency within ninety days after written notice from the county.
B. If a Wind energy power plant remains nonfunctional or inoperative for a continuous period of at least one year, the applicant or its successors or assigns, without any further action by the county, shall remove the system and restore the site at its own expense, subject to the Decommissioning Plan.
30-1006. Decommissioning and site restoration
A. All applications for a Wind energy power plant must include a Decommissioning Plan, acceptable to the county, to ensure that all system components are properly decommissioned on the end of their operational life, cessation of use or determination of abandonment.
B. The Decommissioning Plan shall state how the facility will be decommissioned and shall include a Professional Engineer's estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning and the financial assurances necessary to fund the decommissioning.
C. The removal of the system shall:
1. Include all above ground components, including turbines, blades, nacelles, towers, transformers, above ground collection cables and poles and fencing.
2. Comply with the following:
(a) Foundations and buried project components, other than buried collection lines, must be removed to a depth of at least thirty-six inches.
(b) Buried collection lines must be removed to a depth of at least thirty-six inches. Collection lines below a depth of thirty-six inches may remain in place.
(c) Removal and remediation of any hazardous materials.
(d) Removal activities must be completed within one year after decommissioning initiation unless otherwise approved by the county.
D. The restoration of each site shall include:
1. Minimizing ground disturbance and restoring the site to its original ground contours, if possible.
2. Reasonably restoring and reestablishing on-site soils and vegetation by using native seed mix and proper soil nutrients, including fertilizer and lime, to provide and sustain growth or in coordination with the landowner to allow desired vegetation to be planted.
3. Adequately restoring roads to their original condition following decommissioning activities.
4. Allowing access roads, fencing, associated drainage improvements and any other residual minor improvements to remain with the landowner's written consent.
E. After providing reasonable notice to the property owner, the county may enter the site to effect or complete decommissioning pursuant to the Decommissioning Plan.
30-1007. Financial assurance
A. The owner or operator of a wind energy power plant shall continuously maintain financial assurance in a manner prescribed by the county. The financial assurance shall be in place before construction commences and be in the amount of the decommissioning costs as determined by an engineer who is registered pursuant to title 32, chapter 1. the owner or operator shall pay all costs of the financial assurance. The owner or operator must update the cost estimate every five years to ensure an accurate estimation of costs associated with equipment value and site restoration, adjusted for inflation.
B. The COUNTY may use the financial assurance for the costs of correcting any other acts of noncompliance with this chapter.
30-1008. Liability insurance required
The owner or operator of a wind energy power plant shall maintain a current liability insurance policy to cover installation and operation costs and shall include the county as an additional insured, with the designation of primary and noncontributory. The applicant shall immediately provide the county, in writing, with notice of the cancellation of or any other change to this liability insurance policy.