Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Technology, Energy & Communications Committee | |
HB 1021
Brief Description: Providing small wind permitting standards.
Sponsors: Representatives Morris, Morrell, B. Sullivan, McCoy and Chase.
Brief Summary of Bill |
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Hearing Date: 1/14/05
Staff: Sarah Dylag (786-7109).
Background:
A person or entity seeking to construct a small wind energy system generally must seek a permit
from the local authority where the system will be constructed. The permit process varies
depending on the jurisdiction and can include a building permit application process, a conditional
use application process, and related administrative hearings.
Under current law, energy facilities of any size that exclusively use alternative energy resources,
such as wind, can also opt-in to the Energy Facility Site Evaluation Council (EFSEC) review and
certification process. This process involves six steps and the applicant is required to pay the
costs of the EFSEC in processing an application.
Summary of Bill:
A county, city, town, or other local entity with authority to enact construction or building
ordinances or otherwise conduct construction or building permitting, may provide, by ordinance,
for the installation of small wind energy systems on parcels of land of at least one acre. The local
authority may establish a process for the issuance of a conditional use permit.
If a local authority enacts an ordinance, the ordinance can include various conditions on
construction. The conditions shall not be more restrictive than the following:
The ordinance may require an applicant to provide information demonstrating that the system
will be used primarily to reduce on-site electricity consumption. An applicant intending to
connect to their system to the electricity grid may also be required to 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.
If the local authority does not implement an ordinance, the local authority must approve
applications when the applications comply with the following:
Additional notice requirements may apply 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.
A local authority shall 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 session in which bill is passed.