Requirements for wind energy systems, providing an exemption from emergency rule procedures, and granting rule-making authority

The bill requires that, if a PSC rule involves a person who is affected by a wind energy system, including a rule that requires written notice, the rule must ensure that such a person includes an "affected owner," which the bill defines as the owner of property located within one-half mile of property on which a wind energy system is installed or proposed to be installed. Additionally, the rules must require an owner or operator of a wind energy system to provide a copy of a brochure prepared by the PSC to an affected owner prior to entering into an agreement with the affected owner regarding the installation or use of the wind energy system. The brochure must describe wind energy systems, requirements under state law applicable to wind energy systems, including any provisions of the PSC's rules that allow for waiver of any such requirements, and the possible impacts of wind energy systems on property owners, including affected owners.

The bill requires that the rules must allow an affected owner who has entered into an agreement with an owner or operator of a wind energy system regarding the installation or use of the wind energy system to terminate the agreement upon giving written notice of the termination no later than 10 working days after entering into the agreement or receiving the brochure, whichever is later. Also, the rules must require any individual who negotiates an agreement with an affected owner on behalf of an owner or operator regarding an interest in real estate related to the installation or use of a wind energy system to make a written disclosure that the individual is licensed as a real estate broker or is exempt from such licensure. The rules must also require inclusion of the written disclosure as an addendum to such an agreement.

The bill eliminates the requirement for the PSC to promulgate rules regarding setback requirements, and requires instead that the owners of certain wind energy systems comply with distance requirements specified in the bill. The bill's requirements apply to the owner of a "large wind energy system," which the bill defines as a wind energy system that has a total installed nameplate capacity of more than 300 kilowatts and that consists of individual wind turbines that have an installed nameplate capacity of more than 100 kilowatts. The bill defines the owner of a large wind energy system as any of the following: 1) a person with a direct ownership interest in such a system, regardless of whether the person was involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the system; or 2) a person acting as a developer of a large wind energy system by acquiring the necessary rights, permits, and approvals for or by planning for the construction and operation of the system, regardless of whether the person will own or operate the system. The foregoing definition is similar to a definition in rules promulgated by the PSC.

Under the bill, the owner of a large wind energy system must design and construct the system so that the straight line distance from the vertical center line of any wind turbine tower of the system to the nearest point on the property line of the property on which the wind turbine tower is located is at least one-half mile.

However, the bill allows a lesser distance if there is a written agreement between the owner of the large wind energy system and the owners of all property within one-half mile of the property on which the system is located. The bill also requires that the straight line distance from the vertical center line of any wind turbine tower of the system to the nearest point on the permanent foundation of any building must be at least 1.1 times the maximum blade tip height of the wind turbine tower, unless the owners of the system and the building agree in writing to a lesser distance. If the same person owns the large wind energy system and the building, the foregoing requirement does not apply. In addition, the bill requires that the straight line distance from the vertical center line of any wind turbine tower of the system to the nearest point on any public road right-of-way or overhead communication or electric transmission or distribution line must be at least 1.1 times the maximum blade tip height of the wind turbine tower.

Current law requires the wind siting council to submit a report to the legislature every five years that describes the following: 1) peer-reviewed scientific research regarding the health impacts of wind energy systems; and 2) state and national regulatory developments regarding the siting of wind energy systems. The report must also include any recommendations for legislation. The bill requires the wind siting council to study the impacts of wind energy systems on property values and to include the results of its study in the report.