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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: NREW DP 6-4-0-0 |
HB 2223: wind farms; construction; policies; procedures
Sponsor: Representative Marshall, LD 7
House Engrossed
Overview
Establishes requirements to approve, permit, construct and operate a wind farm. Creates the Wind Farm Health Impacts Study committee and prescribes duties.
History
A County Board of Supervisors (BOS) may adopt a zoning ordinance in order to conserve and promote the public health, safety convenience and general welfare (A.R.S. § 11-811). The BOS may adopt zoning ordinances that are formulated and drafted by the County Planning and Zoning Commission (A.R.S. § 11-813).
Provisions
1. Provides definitions. (Sec. 1, 2 and 4)
County Responsibility
2. Requires the County Planning and Zoning Commission to:
a) hold a public hearing to consider a permit to construct and use a wind farm;
b) follow posting, mailing and notification steps as outlined; and
c) require the wind farm owner to pay the costs of posting, mailing and notification. (Sec. 2)
3. Mandates that prior to issuing a permit for the construction and use of a wind farm that the county require:
a) a wind farm owner to submit an indemnity bond or assurance approved by the county that does all of the following:
i. indemnifies and holds harmless the county from and against all claims from the owner's operation of the wind farm that results in claim for damages including physical harm and destruction of property;
ii. holds the county harmless against any claims or costs that the county may incur due to the existence or discovery of any hazardous substances on or released by the wind farm; and
iii. all assurances relating to the indemnification are required to be in full effect during the agreement and are binding on all successors of the wind farm's ownership;
b) if the wind farm is on public land, financial surety to the satisfaction of the county and State Land Department;
c) any indemnity bond, financial surety or assurance contain provisions that:
i. release the monies to the county in the event of that cleanup and mitigation are not in a timely manner; and
ii. be maintained for the life of the project and that annually the recertification of the bond, surety or assurance be submitted to the county;
d) lists steps for decommissioning of the wind farm; and
e) the wind farm owner retain an engineer to re-estimate the costs of cleanup, decommissioning and restoring the wind farm and property. (Sec. 2)
4. Prohibits the conveyance or transfer of ownership of a windfarm unless permitted by the county. (Sec. 2)
5. Requires the owner to notify the county when ownership is planned to be transferred or conveyed. (Sec. 2)
6. Allows for person who owns real property that is diminished in value by the wind farm to entitlement to just compensation. (Sec. 2)
7. Allows a county to reach an agreement to waive the claim of diminution. (Sec. 2)
8. Provides authority and outlines actions for a referendum petition against the issuance of a wind farm construction or use permit. (Sec. 3)
9. Prohibits a wind farm from being located within:
a) six miles of any property owned by another person, unless that person consents to the wind farm;
b) 12 miles of any property that is zoned for residential use; or
c) 25 miles of any municipality, unless otherwise approved by that municipality. (Sec. 4)
10. Requires the notification of any governing body or political subdivision of the state within 10 days if any authorization to begin natural resources surveys or to install wind or meteorological devices occur. (Sec. 4)
11. Describes required approvals for a wind farm owner to obtain prior to an application for any lease or conditional use permit. (Sec. 4)
12. Requires the owner of a wind farm to annually consult with the supervisor of the Natural Resources Conservation District in which the farm is located to address listed changes to the environment. (Sec. 4)
Leases of State Land
13. Prohibits the State Land Department, through action or Gubernatorial direction, from approving the lease of state land for a proposed wind farm if other provided prohibitions exist for the construction of that proposed wind farm. (Sec. 4)
14. Requires the State Land Department to cooperate with cities and towns that are within 25 miles of the outer perimeter of the land proposed to be leased for a wind farm. (Sec. 5)
15. Requires that if a lessee of State Land is a wind farm that their lease contain all the requirements of the county construction and conditional use permit for the county where the wind farm is located. (Sec. 6)
16. Allows anyone who resides within 12 miles of a proposed auction of state land for the construction and conditional use of a wind farm has standing to protest the proposed auction. (Sec. 7)
17. Specifies that a grant for a state land right-of-way or site for construction or use of a wind farm will be at public auction to the highest and best bidder. (Sec. 9)
Corporation Commission
18. Requires the Powerplant and Transmission Line Siting Committee, when reviewing a certificate of environmental compatibility for a wind farm to address:
a) impact on visual and aesthetic character of the area; and
b) the preservation and protection of natural qualities of scenic areas, historic sites, districts of historical significance and structures and geologic features. (Sec. 10)
Wind Farm Health Impacts Study Committee
19. Creates the Wind Farm Health Impacts Study Committee, outlines membership, prescribes duties, requires a report and repeals the committee on October 1, 2026. (Sec. 11)
Miscellaneous
20. Contains a retroactivity clause of January 1, 2025. (Sec. 12)
21. Makes technical and conforming changes. (Sec. 1,5,6,7 and 10)
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25. HB 2223
26. Initials CW Page 0 House Engrossed
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