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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: FED DPA 4-2-1-0 | 3rd Read 16-13-1-0 |
SB 1150: state land; exchanges
S/E: wind farms; construction; policies; procedures
Sponsor: Senator Gowan, LD 19
Committee on Land, Agriculture & Rural Affairs
Summary of the Strike Everything Amendment to SB 1150
Overview
Establishes requirements to approve, permit, construct, decommission and operate a wind farm.
History
A County Board of Supervisors (BOS) may adopt a zoning ordinance to conserve and promote the public health, safety convenience and general welfare. The BOS may adopt zoning ordinances that are formulated and drafted by the County Planning and Zoning Commission (Commission) (A.R.S. §§ 11-811 and 11-813).
Provisions
Public Hearing Requirements
1. Requires the Commission to:
a) hold a public hearing to consider an application for a permit to construct and use a wind farm within 90 days after the Commission deems the application complete; and
b) provide notification of the hearing as outlined. (Sec. 2)
2. Allows the county to require the wind farm owner to pay the costs of providing the hearing notification. (Sec. 2)
County Permitting Requirements
3. Requires a county to adopt the following requirements in issuing a permit for the construction and use of a wind farm on public land:
a) a wind farm owner to submit financial surety or assurance approved by the county and State Land Department that meets certain requirements;
b) that any financial surety or assurance contain a provision that releases the monies to the county if cleanup and mitigation are not completed;
c) that any financial surety or assurance be maintained for the life of the project and annually provide to the county the recertification of the bond, surety or assurance; and
d) a list of steps for decommissioning of a wind farm on state or federal land that meet outlined requirements. (Sec. 2)
4. Instructs the wind farm owner to retain an engineer approved by the county, every three years, to re-estimate the costs of cleanup, decommissioning and restoring the wind farm and property. (Sec. 2)
5. States that the engineer must attest that the value of the financial surety instrument is appropriate. (Sec. 2)
6. Instructs the engineer report to be filed with the county and incorporate any new industry information the wind farm owner has obtained since the last cost determination. (Sec. 2)
Owner Change Requirements
7. Requires the county board of supervisors (Board) to approve any conveyance, transfer, assignment or other divestiture of ownership of a wind farm located on state or federal land before the transfer of ownership. (Sec. 2)
8. States that the Board's approval is contingent on an assessment of the buyer's financial, technical, legal and character qualifications. (Sec. 2)
9. Instructs the wind farm owner to notify the Board immediately when ownership of a wind farm that is on public land is planned to be transferred or conveyed. (Sec. 2)
10. Specifies that the notice must be provided to the county no later than 20 days before the proposed effective date of the transfer or conveyance. (Sec. 2)
Referendum Requirements
11. Allows, on approval by the Board of a construction or conditional use permit for a wind farm, a person to file a referendum petition against the issuance of the wind farm construction or permit. (Sec. 3)
12. Limits the referendum petition and election to the supervisory district where the proposed wind farm is located. (Sec. 3)
13. Outlines the process of calculating the number of electors needed to file a referendum petition. (Sec. 3)
14. Requires the referendum be filed with the county clerk 60 days after the Board approves the wind farm construction or permit. (Sec. 3)
Wind Farm Approval Requirements
15. Prohibits a wind farm from being located within six miles of any property zoned for residential use. (Sec. 4)
16. Requires a wind farm owner to obtain approval from the following entities before applying for any lease or permit:
a) the State Historic Preservation Office;
b) the Arizona Game and Fish Department;
c) the Arizona Geological Survey; and
d) the Federal Aviation Administration. (Sec. 4)
17. Outlines the criteria that each entity must use to approve a proposed wind farm lease or permit. (Sec. 4)
18. 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)
19. Prohibits the State Land Department, or through 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)
20. Restricts a federal land manger to allow the construction of a wind farm on federal land:
a) without approval of the Board of the county where the federal land is located; or
b) if the voters pass a referendum petition. (Sec. 4)
Miscellaneous
21. Requires a wind farm developed within a renewable energy incentive district to comply with the requirements of this Act. (Sec. 1)
22. Designates the Arizona Department of Environmental Quality as the entity to ensure the cleanup, mitigation, removal and decommissioning is undertaken and completed. (Sec. 4)
23. 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)
24. Requires that if a lessee of state land is a wind farm that their lease contain:
a) all the requirements of the county construction and conditional use permit for the county where the wind farm is located; and
b) a restoration security instrument approved by the State Land Department that meets certain criteria. (Sec. 6)
25. 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)
26. 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)
27. Requires the Powerplant and Transmission Line Siting Committee, when reviewing a certificate of environmental compatibility for a wind farm to consider the:
a) impact of the wind farm on the visual and aesthetic character of the area; and
b) preservation and protection of natural qualities of scenic areas, historic sites, districts of historical significance and structures and geologic features. (Sec. 10)
28. Establishes a moratorium on the approval of construction or conditional use permits for six months after the effective date of this act to allow counties to develop rules regulations and ordinances to conform. (Sec. 11)
29. Clarifies that this act does not apply to a wind farm project that has been approved and is under construction as of the effective date. (Sec. 12)
30. Contains a retroactivity clause of January 1, 2025. (Sec. 13)
31. Defines owner and wind farm. (Sec. 2 and 4)
32. Makes technical and conforming changes. (Sec. 1, 5-7 and 10)
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SB 1150
Initials CW/BSR Page 0 Land, Agriculture & Rural Affairs
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