Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Technology, Energy & Communications Committee

HB 1008

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning permit requirements for small wind energy systems.

Sponsors: Representatives Morris, Chase, Upthegrove, Seaquist and Morrell.

Brief Summary of Bill

  • Provides that local authorities can permit small wind energy systems by ordinance and set limits on how restrictive a local authority can be in such ordinances.

  • Provides that no other local ordinance, policy, or regulation may be the basis for a local authority to deny the siting of a small wind energy system.

  • Requires local authorities to approve permit applications that meet certain requirements if the local authority has not provided for the permitting of small wind energy systems by ordinance.

Hearing Date: 1/26/09

Staff: Kara Durbin (786-7133)

Background:

A person or entity seeking to construct a small wind energy system generally must secure a permit from the local authority where the system will be constructed. The permit process varies depending on the jurisdiction, and it may include a building permit application process, a conditional use application process, and related administrative hearings.

Energy facilities of any size that exclusively use alternative energy resources, such as wind power, can also opt-in to the Energy Facility Site Evaluation Council (EFSEC) review and certification process. If the applicant chooses to go through the EFSEC process, the applicant must pay for the costs of the EFSEC to process the application.

Summary of Bill:

A county, city, town, or other local entity with authority to enact construction or building ordinances, permitting, or zoning may provide by ordinance for the installation of a small wind energy system on parcels of land of at least one acre. The local authority may also establish a process for issuing a conditional use permit for a small wind energy system.

If a local authority enacts an ordinance, the ordinance may include various conditions on construction. Any conditions related to notice, tower height, setback, noise level, turbine approval, tower drawings, engineering analysis, or line drawings may not be more restrictive than the following:

The ordinance may require an applicant to: (1) provide information demonstrating that the system will be used primarily to reduce on-site electricity consumption; or (2) provide evidence that the electric utility that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan to connect to the electricity grid.

If a local authority does not adopt an ordinance, the local authority must approve an application for a small wind energy system if the application complies with all of the following requirements:

Additional notice requirements may be required if a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes. In such cases, the local authority shall take reasonable steps to notify pest control aircraft pilots.

If a local authority is amending its zoning ordinances or general plans applicable to small energy wind systems, those ordinances or plans must be consistent these requirements. Less restrictive requirements for the siting and operation of small wind energy systems may be adopted by local authorities.

No other local ordinance, policy, or regulation may be the basis for a local authority to deny the siting and operation of a small wind energy system.

A local authority must review an application for a small wind energy system as expeditiously as possible.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.