HB 149

Present law provides a regulatory framework for wind energy facility siting. This bill adds solar energy facilities and solar expansion facilities to the wind energy framework as outlined below. This bill defines " s olar energy facility"" a s, collectively, a device or structure, or series thereof, that provides for the collection of solar energy for electricity generation, together with all facilities and equipment, other than any facility or equipment owned by a public utility, located proximate to and in support of the operation of such electricity generation device or structure . However, a "" s olar energy facility"" does not include, (i) a solar-generating device or structure that is less than 5 MW in size, measured in alternating current at the point of interconnection to the electrical grid, unless the application of this part is expressly provided for in a solar energy facility agreemen t; or (ii) e quipment that, when installed in connection with a dwelling, transmits or uses solar energy to produce energy in a useful form for residential purposes . APPLICABILITY The present law framework for wind energy facility siting does not apply in any local government that has adopted regulations related to such siting of wind energy facilities in its jurisdiction on or before January 1, 2019. Nor does it apply to any wind energy facility located in this state that was constructed prior to April 24, 2018. This bill changes these provisions so that the framework regulates a "" u tility facility, "" which this bill defines as including a solar energy facility, wind energy facilit y, or wind energy facility or solar energy facility expansion . This bill further d oes not apply in a local government jurisdiction that has adopted regulations related to the siting of solar energy facilities in the jurisdiction on or before July 1, 2025. Nor does it apply to any solar energy facility located in this state that was constructed prior to July 1, 2025. PERMIT REQUIRED Present law prohibits a person from undertak ing the construction, operation, or redevelopment of a wind energy facility or such expansion in this state unless a certificate of public convenience and necessity (""certificate"") is first obtained from the public utility commission and a permit is obtained from the local legislative body of the local government in which the facility or expansion will be located. The person must submit a copy of the certificate with its application for a permit. This bill expa nds these requirements to apply to utility facilities as defined above. LOCAL GOVERNMENT REGULATION Approval Present law authorizes a local government to adopt, by action of its local legislative body, local legislation that regulates and establishes the conditions and criteria for the construction, operation, or redevelopment of wind energy facilities and expansions within the jurisdiction of the local government. No such local legislation take s effect unless it is adopted by a 2/3 vote of the local legislative body . However, if an industrial development board for the local government proposes such local legislation or considers a request for a permit or permit procedures prior to any local legislation being considered by the local legislative body, then the local legislation must only be subject to a majority vote of the local legislative body. This bill revises these provisions to apply to utility facilities as defined above. Regulation Criteria Present law requires any such adopted local legislation to establish (i) the m inimum setback s for a wind energy facility or wind energy facility expansion ; (ii) t hat an environmental impact and wildlife impact assessments must be conducted, if applicable, as provided below ; (iii) t he facility must comply with maximum noise levels ; (iv) a n applicant must submit financial security ; (v) a permit holder must decommission or remove a wind energy facility upon the occurrence of certain events as provided below; and (vi) a certified copy of the adopted local legislation to the department of environment and conservation . This bill requires all of the above for utility facilities as defined above. Permitting Present law authorizes such adopted local legislation to issue permits for the construction, operation, or redevelopment of wind energy facilities and wind energy facility expansions within the jurisdiction. The local legislation must specify procedures governing the permit application and may deny the issuance or renewal of a permit, or revoke, suspend, or modify any existing permit for cause . However, t he local legislation or permit conditions must include a six-month cure period during which time the local legislative body may establish financial penalties for noncompliance. This bill establishes the above procedures for utility facilities as defined above. Present law requires t he local legislative body, or its designated agency, to process permit applications and to conduct a public hearing to review each permit application for compliance before deciding on the application. Notice for the public hearing must adhere to certain timing requirements and provide that any comments on the construction, operation, or redevelopment of the wind energy facility, or wind energy facility expansion, must be submitted by a specified date . This bill establishes that thes e procedures and requirements apply to applications for utility facilities as defined above. Fees Present law authorizes a local legislative body to provide, by local legislation, that a reasonable fee be charged to cover costs . This bill expands this authorization to the permitting process for utility facilities as defined above. Facility Boundaries and Design Present law authorizes t he local legislative body to adopt local legislation with any condition, criteria, or other provision it deems necessary for establishing regulations or granting a permit, including a general boundary for the facility and facility design conditions, in order to comply with any conditional approval from the wildlife resources agency and to mitigate potential impacts, as identified by the local legislative body or local agency. This bill establishes that these provisions apply to uti lity facilities as defined above. Setbacks Present law requires t he minimum setback for any wind turbine of a wind energy facility from any non-participating landowner's property line be equal to 3.5 times the total height of the turbine structure as measured from the ground at its base to the maximum height of the bla de tip, unless the non-participating landowne r elect s to sign a waiver to allow any wind turbine or group of turbines of a wind energy facility to be placed up to 1.1 times the total height of the turbine structure from the landowner' s property line . This bill changes that these above setbacks apply, instead, to utility facilities as defined above. This bill also adds that t he minimum setback for any solar array of a utility facility from any non-participating landowner's property line be equal to 3.5 times the total width or depth of the solar array, whichever is greater . However, a non-participating landowner may elect to sign a waiver to allow any solar array or group of arrays of a utility facility to be placed up to 1.1 times the width or depth of the solar array, whichever is greater, from the landowner's property line . Environmental Impact Assessment Present law requires an environmental impact assessment be conducted by qualified, third party experts, paid for by the applicant, of the potential adverse impacts within a maximum of four miles of the perimeter of the facility or expansion . However, no such assessment is required if an environmental review of the wind energy facility or any portion of the facility is required pursuant to the National Environmental Policy Act, which includes public input, a public hearing, an environmental impact statemen t, and a viewshed analysis. Any environmental impact assessment conducted must include a study of the following:  Economic impacts to individuals, property values, tourism, and agriculture .  Potential adverse impacts on ecosystems, including domestic animals, and habitat and migratory patterns for wildlife .  Viewshed analysis for national or state parks or forests, historic or cultural sites, public parks or recreation areas, or private conservation lands .  Hydrogeological assessment, including water bodies, flowing water sources, stormwater runoff, wetlands, groundwater, aquifers, and private wells within a minimum of two miles of the perimeter of the facility or expansion .  Risk assessment and mitigation recommendations for shadow flicker and incidents, such as wind turbine fires, structural damage or failure, ice and blade throw, and hazardous material spills .  Risk assessment for civil air navigation, military or law enforcement routes or training exercises, emergency medical flights, radar operations, and cell phone services . This bill establishes that all of the above requirements apply to utility facilities as defined above. This bill also adds that the risk assessment and mitigation recommendations must include a rc flashes, including arc flash burn and blast hazards; electric shock; and thermal burn hazards . Wildlife Impact Assessment Present law requires a wildlife impact assessment be conducted through a comprehensive social, economic, and environmental study, unless an environmental review of the wind energy facility is required pursuant to the National Environmental Policy Act. Such local legislation must also include as a condition of a permit a requirement that the wildlife resources agency review any such wildlife impact assessment and approve, grant conditional approval of, or deny the permit. Any such assessment must include a study of the potential adverse impacts to wildlife refuges, preserves and management areas, areas that provide habitat for threatened or endangered species, primary nursery areas designated by the fish and wildlife commission and the wildlife resources agency, and critical fis heries habitats identified pursuant to applicable state or federal law. No permit is effective until the local government has received notification of approval or conditional approval within 120 days of the permit from the wildlife resources agency. This bill establishes that all of the above requirements apply to utility facilities as defined above. Financial Security Prior to the start of construction of a wind energy facility, present law requires that the applicant for a permit for the construction, operation, or expansion of such facility or expansion establish financial security in the amount of 100% of the estimate of the total cost to decommission and remove the wind energy facility, as determined by an independent consultant selected and paid for by the applicant . This bill requires this financial security for utility facilities as defined above. Decommissioning Facilities Present law requires t he facility is decommissioned or removed if either of the following events occurs:  A wind turbine ceases to generate electricity for 180 continuous days, unless the termination of electricity was mandated by state or federal law . However, one or more extensions may be allowed for 180 -day periods at a time .  A wind turbine or group of wind turbines violates the required noise level restrictions, unless the turbine or group of turbines is brought into compliance within 180 days of the violation . However, a single 180 -day extension may be allowed . This bill adds that a solar array is decommissioned or removed if it ceases to generate electricity for 180 continuous days, unless the termination of electricity was mandated by state or federal law . However, the array may also be granted one or more extensions for 180 -day periods at a time . OTHER LICENSES Present law provides that the issuance of a permit as outlined above does not preclude the need for the applicant to obtain any and all other applicable local, state, or federal permits, licenses, or approvals. Nothing limit s the ability of a local government to plan for and regulate the siting or permitting of a wind energy facility or wind energy facility expansion in accordance with applicable land-use regulations . This bill provides that these provisions apply to utility facilities as defined above. DISSEMINATION OF MODEL LOCAL LEGISLATION Present law requires t he municipal technical advisory service (MTAS) and the county technical assistance service (CTAS) to disseminate model local legislation for use by local governments in establishing conditions for the issuance of permits for wind energy facilities and wind energy facility expansions. This bill requires such dissemination for model local legislation for utility facilities as defined above. SUPPLEMENTAL LAW Present law provides that the above provisions supplement any other law and provide additional authority to regulate the siting and permitting of wind energy facilities and wind energy facility expansions. The above-described provisions do not prescribe an exclusive procedure or grants exclusive powers relating to the siting or permitting of wind energy facilities and wind energy facility expansions. This bill provides that these above-described provisions pertaining to utility facilities are also supplemental to any other law to regulate their siting and permitting."