SB 2528

AN ACT TO ENACT THE "MISSISSIPPI FARMLAND, MIGRATORY BIRD, AND RURAL PROTECTION FROM INDUSTRIAL WIND FACILITIES ACT"; TO STATE LEGISLATIVE PURPOSES AND FINDINGS; TO DEFINE TERMS; TO PROHIBIT CERTAIN APPROVALS OF NEW INDUSTRIAL WIND FACILITIES; TO VOID CERTAIN AUTHORIZATIONS; TO PREEMPT COUNTIES, MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS FROM AUTHORIZING ACTION PROHIBITED UNDER THIS ACT; TO PROVIDE EXCEPTIONS; TO PROHIBIT INDUSTRIAL WIND FACILITIES FROM BEING SITED ON OR WITHIN TWO MILES OF PRIME OR UNIQUE FARMLAND; TO PROVIDE SETBACKS; TO PROTECT WATER RESOURCES; TO PROHIBIT WIND TURBINE LOCATIONS IN AGRICULTURAL AVIATION OPERATIONS AREAS; TO PROVIDE FOR NOISE AND SHADOW FLICKER; TO REQUIRE WIND ENERGY SYSTEMS TO COMPLY WITH WILDLIFE LAWS; TO PROHIBIT CERTAIN AREAS FOR SITING, CONSTRUCTION OR OPERATION OF WIND TURBINES; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES, AND PARKS TO ESTABLISH RULES CONCERNING WILDLIFE PROTECTION; TO PROVIDE FOR CORRECTIVE ACTION AND DECOMMISSIONING OF WIND TURBINES; TO PROVIDE FOR GRANDFATHERED FACILITIES; TO REQUIRE EACH INDUSTRIAL FACILITY SUBJECT TO THIS ACT TO MAINTAIN A DECOMMISSIONING PLAN; TO REQUIRE OWNERS AND OPERATORS TO POST AND MAINTAIN FINANCIAL ASSURANCE IN CERTAIN FORMS; TO PROVIDE FOR FAILURE TO DECOMMISSION; TO DELEGATE ENFORCEMENT AUTHORITY; TO PROVIDE AVAILABLE REMEDIES; TO CREATE A PRIVATE RIGHT OF ACTION; TO PROVIDE FOR ATTORNEYS' FEES; TO REQUIRE FAA NOTICE AND OBSTRUCTION EVALUATION; TO PROHIBIT ACTION FOLLOWING A HAZARD DETERMINATION BY THE FAA; TO PROVIDE FOR RADAR INTERFERENCE REVIEW; TO REQUIRE COORDINATION AMONG CERTAIN STATE AGENCIES; TO PREVENT POLLUTION; TO REQUIRE INDUSTRIAL WIND FACILITIES TO MAINTAIN AN OIL, GREASE AND FLUID MANAGEMENT PLAN; TO REQUIRE SUCH PLAN TO MEET CERTAIN CRITERIA; TO PROVIDE FOR BLADE AND COMPONENT DECOMMISSIONING; TO PROVIDE FOR SEVERABILITY OF ANY PROVISION OF THIS ACT UPON A HOLDING OF INVALIDITY; AND FOR RELATED PURPOSES.