BILL REQ. #:  H-0274.1 

Prefiled 12/05/08. Read first time 01/12/09.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to small wind permitting standards; and adding a new chapter to Title 70 RCW.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that: (a) Wind energy is an abundant, renewable, and nonpolluting energy resource; (b) when converted to electricity, wind energy reduces dependence on nonrenewable energy resources and reduces air and water pollution that result from conventional sources; (c) distributed small wind energy systems also enhance the reliability and power quality of the power grid, reduce peak power demands, increase in-state electricity generation, diversify the state's energy supply portfolio, and make the electricity supply market more competitive by promoting consumer choice; and (d) small wind energy systems, designed for on-site home, farm, and small commercial use, are an excellent technology to help achieve the goals of increased in-state electricity generation, reduced demand on the state electric grid, increased consumer energy independence, and nonpolluting electricity generation.
     (2) The legislature further finds that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of small wind energy systems is a matter of statewide concern.
     (3) It is the intent of the legislature that this chapter apply to all local agencies.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of labor and industries.
     (2) "Local agency" means any county, city, town, or local entity in the state of Washington with authority to enact construction or building ordinances or otherwise conduct construction or building permitting or zoning.
     (3) "Small wind energy system" means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics.
     (4) "Tower height" means the height above grade of the fixed portion of the tower, excluding the wind turbine.

NEW SECTION.  Sec. 3   (1) A local agency may, by ordinance, provide for the installation of a small wind energy system on parcels of land of at least one acre in its jurisdiction. The local agency may establish a process for the issuance of a conditional use permit for a small wind energy system.
     (2) The ordinance may impose conditions on the installation of a small wind energy system that includes, but is not limited to, notice, tower height, setback, view protection, aesthetics, aviation, and design safety requirements. However, the ordinance may not require conditions on notice, tower height, setback, noise level, turbine approval, tower drawings, engineering analysis, or line drawings that are more restrictive than the following:
     (a) Except as otherwise provided in this section, notice of an application for installation of a small wind energy system must be provided to property owners within three hundred feet of the property on which the system is to be located.
     (b) Tower heights of not more than sixty-five feet must be allowed on parcels between one and five acres and tower heights of not more than eighty feet must be allowed on parcels of five acres or more, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the small wind energy system.
     (c) Setback requirements for the small wind energy system tower may be no farther from the property line than the height of the system, provided that it also complies with any applicable fire setback requirements.
     (d) Except during short-term events such as utility outages and severe windstorms, decibel levels for the small wind energy system may not exceed sixty decibels, as measured at the closest neighboring inhabited dwelling.
     (e) The small wind energy system's turbine must be certified by a national safety certification program recognized by the department. For uncertified turbines, the turbine installer must have the turbine field evaluated by an independent electrical testing laboratory approved by the department, or reviewed and approved by an independent electrical engineer approved by the department.
     (f) The application must include standard drawings and an engineering analysis of the small wind energy system's tower, showing compliance with the state building code, chapter 19.27 RCW, and certification by an engineer licensed under chapter 18.43 RCW.
     (g) The small wind energy system must comply with all applicable federal aviation administration requirements, including 14 C.F.R. 77 et seq., Subpart B (2008), regarding installations close to airports.
     (h) The application must include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the national electric code.
     (3) The ordinance may require the applicant to provide information demonstrating that the small wind energy system will be used primarily to reduce on-site consumption of electricity. The ordinance may also require the application to include evidence, unless the applicant does not plan to connect the system to the electricity grid, 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.
     (4) In the event a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the local agency shall take reasonable steps, concurrent with other notices issued under this section, to notify pest control aircraft pilots.
     (5) A local agency may, if it deems it necessary due to circumstances specific to the proposed installation, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the jurisdiction in which the installation is proposed.
     (6) Nothing in this section alters or affects existing law regarding the authority of local agencies to review an application.

NEW SECTION.  Sec. 4   (1) A local agency that does not adopt an ordinance under section 3 of this act shall approve applications for small wind energy systems if all of the following conditions are met:
     (a) The size of the parcel where the system is located is at least one acre;
     (b) The tower height on parcels that are less than five acres does not exceed eighty feet;
     (c) No part of the system, including guy wire anchors, extends closer than thirty feet to the property boundary, if it also complies with any applicable fire setback requirements;
     (d) Except during short-term events, such as a utility outage or a severe windstorm, the system does not exceed sixty decibels, as measured at the closest neighboring inhabited dwelling;
     (e) The small wind energy system's turbine is certified by a national safety certification program recognized by the department. For uncertified turbines, the turbine installer must have the turbine field evaluated by an independent electrical testing laboratory approved by the department, or reviewed and approved by an independent electrical engineer approved by the department;
     (f) The application includes standard drawings and an engineering analysis of the tower, showing compliance with the state building code, chapter 19.27 RCW, and certification by a professional engineer licensed under chapter 18.43 RCW;
     (g) The small wind energy system complies with all applicable federal aviation administration requirements, including any necessary approvals for installations close to airports;
     (h) The application includes a line drawing of the electrical components of the small wind energy system in sufficient detail to allow for a determination that the manner of installation conforms to the national electric code;
     (i) Unless the applicant does not plan to connect the small wind energy system to the electricity grid, the application includes evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator; and
     (j) If a proposed site for a small wind energy system is in an agricultural area that may have aircraft operating at low altitudes, the local agency shall take reasonable steps, concurrent with other notices issued under this chapter, to notify pest control aircraft pilots.
     (2) No other local ordinance, policy, or regulation may be the basis for a local agency to deny the siting and operation of a small wind energy system under this section.
     (3) No changes in the general plan are required to implement this section. A local agency, when amending its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the approval of small wind energy systems, must do so in a manner consistent with the requirements of this section.

NEW SECTION.  Sec. 5   This chapter does not limit the authority of local agencies to adopt less restrictive requirements for the siting and operation of small wind energy systems.

NEW SECTION.  Sec. 6   A local agency shall review an application for a small wind energy system as expeditiously as possible.

NEW SECTION.  Sec. 7   Any requirement of notice to property owners imposed under section 3 of this act must ensure that responses to the notice are filed in a timely manner.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW.