HB0072SS001

[TO ENGROSSED COPY]

Page 1-line 11 After "position;" insert "requiring counties to promulgate rules; providing conforming provisions;".

Page 10–after line 20 Insert and renumber:

"(c)  No board of county commissioners shall issue a permit under W.S. 18‑5‑502(a) until that county has adopted rules and regulations governing the notice that the application for a permit must provide to the record owners and claimants of mineral rights located on and under lands where the wind energy facility will be constructed. The rules shall conform to rules adopted by the industrial siting council for the same purpose pursuant to W.S. 35‑12‑105.".

Page 22-after line 23 Insert and renumber:

"Section 3.

(a)  Notwithstanding section 2 of this act, if 2010 Senate File 0066 is enacted into law, the amendment to W.S. 35‑12‑105 by creating new subsections (d) through (f) made by section 2 of this act shall not be effective and, instead, W.S. 35‑12‑105 by creating new subsections (d) through (f) is amended to read:

35‑12‑105.  Appointment and duties of administrator; staff; rules and regulations.

(d)  In addition to the rules and regulations adopted under subsection (b) of this section, the council shall promulgate rules and regulations prescribing decommissioning and site reclamation standards for facilities permitted under W.S. 35‑12‑102(a)(vii)(E) and (F). Such standards shall preempt county rules or regulations concerning decommissioning and reclamation and shall be designed to assure the proper decommissioning and interim and final site reclamation of commercial facilities generating electricity from wind and wind energy facilities during construction and operation of the facility, at the end of their useful life, upon revocation of a permit authorizing their operation or upon the happening of any event which causes operations to cease. In the event of any conflict between a standard applied under this subsection and a valid order of the Wyoming public service commission, the order of the public service commission shall be applied.

(e)  In addition to the rules and regulations adopted under subsection (b) of this section, the council shall promulgate rules and regulations prescribing financial assurance requirements for facilities permitted by it pursuant to W.S. 35‑12‑102(a)(vii)(E) and (F). These rules and regulations shall not apply to facilities that are public utilities and regulated by the Wyoming public service commission. These rules and regulations shall preempt county rules and regulations concerning financial assurances and shall be designed to provide adequate assurance that the permitted facilities will be properly reclaimed and decommissioned at the end of their useful life, upon revocation of a permit authorizing their operation or upon the happening of any event which causes operations to cease. The elements to consider when establishing adequate levels of financial assurance shall include credit worthiness, financial strength, credit history, credit rating and any other factors that reasonably bear upon the decision to accept a financial assurance. The financial assurance may be in any form acceptable to the council and may include a corporate guarantee, letter of credit, bond, deposit account or insurance policy.

(f)  The council may adopt such rules and regulations, including fee structures, as are appropriate to accept and consider applications referred by any board of county commissioners under W.S. 18‑5‑509.

(b)  This section shall not be effective if 2010 Senate File 0066 is not enacted into law.".

Renumber as necessary. LARSON, CHAIRMAN