BILL REQ. #:  H-0411.1 

Read first time 01/18/13.   Referred to Committee on Environment.

     AN ACT Relating to notifying landowners of applications to construct wind turbines; adding a new section to chapter 36.01 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; and adding a new section to chapter 80.50 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 36.01 RCW to read as follows:
     (1) In addition to other notifications that may be required by law, the applicant of a permit to construct a wind turbine with an electrical generating capacity of more than one hundred kilowatts must, in accordance with applicable requirements or guidelines of the county, provide notice of the application to adjacent landowners by mailing or personally serving the notice to the latest recorded real property owners, as shown by the records of the county assessor, who own property located within one thousand feet from the base of each proposed turbine.
     (2) The notices must include the base height, blade diameter, electrical generating capacity in kilowatts, and detailed siting location information for each proposed turbine, including proposed setback distances from adjacent properties. The notices must also specify which entity or entities, including pertinent contact information, are responsible for a decision on the application.
     (3) Notices are not required under this section if the properties located within one thousand feet from the base of each proposed turbine are owned by the person or persons who own the property upon which the proposed turbine or turbines are to be located.
     (4) Nothing in this section prohibits or otherwise limits counties from adopting notification requirements for applications to construct wind turbines that are supplemental to those required by this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.21 RCW to read as follows:
     (1) In addition to other notifications that may be required by law, the applicant of a permit to construct a wind turbine with an electrical generating capacity of more than one hundred kilowatts must, in accordance with applicable requirements or guidelines of the city or town, provide notice of the application to adjacent landowners by mailing or personally serving the notice to the latest recorded real property owners, as shown by the records of the county assessor, who own property located within one thousand feet from the base of each proposed turbine.
     (2) The notices must include the base height, blade diameter, electrical generating capacity in kilowatts, and detailed siting location information for each proposed turbine, including proposed setback distances from adjacent properties. The notices must also specify which entity or entities, including pertinent contact information, are responsible for a decision on the application.
     (3) Notices are not required under this section if the properties located within one thousand feet from the base of each proposed turbine are owned by the person or persons who own the property upon which the proposed turbine or turbines are to be located.
     (4) Nothing in this section prohibits or otherwise limits cities or towns from adopting notification requirements for applications to construct wind turbines that are supplemental to those required by this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 35A.21 RCW to read as follows:
     (1) In addition to other notifications that may be required by law, the applicant of a permit to construct a wind turbine with an electrical generating capacity of more than one hundred kilowatts must, in accordance with applicable requirements or guidelines of the city, provide notice of the application to adjacent landowners by mailing or personally serving the notice to the latest recorded real property owners, as shown by the records of the county assessor, who own property located within one thousand feet from the base of each proposed turbine.
     (2) The notices must include the base height, blade diameter, electrical generating capacity in kilowatts, and detailed siting location information for each proposed turbine, including proposed setback distances from adjacent properties. The notices must also specify which entity or entities, including pertinent contact information, are responsible for a decision on the application.
     (3) Notices are not required under this section if the properties located within one thousand feet from the base of each proposed turbine are owned by the person or persons who own the property upon which the proposed turbine or turbines are to be located.
     (4) Nothing in this section prohibits or otherwise limits cities from adopting notification requirements for applications to construct wind turbines that are supplemental to those required by this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 80.50 RCW to read as follows:
     (1) In addition to other notifications that may be required by law, the applicant of a permit to construct a wind turbine with an electrical generating capacity of more than one hundred kilowatts must, in accordance with applicable requirements or guidelines of the county, city, town, or council, provide notice of the application to adjacent landowners by mailing or personally serving the notice to the latest recorded real property owners, as shown by the records of the county assessor, who own property located within one thousand feet from the base of each proposed turbine.
     (2) The notices must include the base height, blade diameter, electrical generating capacity in kilowatts, and detailed siting location information for each proposed turbine, including proposed setback distances from adjacent properties. The notices must also specify which entity or entities, including pertinent contact information, are responsible for a decision on the application.
     (3) Notices are not required under this section if the properties located within one thousand feet from the base of each proposed turbine are owned by the person or persons who own the property upon which the proposed turbine or turbines are to be located.
     (4) Nothing in this section prohibits or otherwise limits a county, city, town, or council from adopting notification requirements for applications to construct wind turbines that are supplemental to those required by this section.