HB 946

SITE ASSESSMENTS Prior to the approval of a rezoning request, special exception, or special use permit for the siting of a new h igh energy use facility , this bill requires a county, munici pal, or other local governing body with jurisdiction over zoning, permitting, regulations, and ordinances ( a " locality "") to require the applicant to perform and submit a site assessment to examine the sound profile of the h igh energy use facility on reside ntial areas and schools within 500 feet of the h igh energy use facility property. Additionally, a locality may do the following:  R equire that a site assessment examine the effects of the proposed h igh energy use facility on water, agricultural resources, parks, registered historic sites, and forestland located on the h igh energy use facility site or immediately contiguous land.  R equest that permitting procedures, if any are required, and site assessments be conducted with guidance and oversight from the department of environment and conservation. Prior to the approval of a rezoning request, special exception, or special use permit for the siting of a new h igh energy use facility, this bill requires a locality to require the electric utility providing re tail service to the new h igh energy use facility to submit a site assessment to the locality describing (i) n ew electric generating units that will be required within the jurisdiction to serve the project; ( ii ) n ew or existing substations that will be used to serve the h igh energy use facility ; and ( iii ) t he anticipated transmission voltage required to serve the h igh energy use facility . This bill requires site assessments submitted to a locality as described above to be used by the locality to assess consistency with the policies of the locality's comprehensive plan and compliance with the locality's noise ordinances, zoning ordinances, and other applicable laws and regulations. This bill clarifies the following:  It does not apply to a site with existing local, legislative, or administrative approval where an applicant is seeking an expansion or modification of an already existing or approved facility, and such expansion does not exceed an additional 100 megawatts or more of electrical power.  It does not repeal or modify the regulatory authority of any administrative agency, nor any federal, state, or local law.  It does not repeal or modify an existing locality's authority to regulate zoning or permitting, or to issue ordinances within the locality's jurisdiction.  A ""high energy use facility"" means a project requiring 100 megawatts or more of electrical power from an electric utility providing retail service to the facility, and includes a data center project requiring 100 megawatts or more of electrical power from an electric utility providing retail service to the facility ."