Bill Text: AZ HB2090 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Wind energy; siting
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-03 - Senate read second time [HB2090 Detail]
Download: Arizona-2020-HB2090-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2090 |
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AN ACT
Amending title 40, Arizona Revised Statutes, by adding chapter 8; relating to wind energy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 40, Arizona Revised Statutes, is amended by adding chapter 8, to read:
CHAPTER 8
WIND ENERGY FACILITY SITING
ARTICLE 1. GENERAL PROVISIONS
40-1251. Wind turbine; wind energy facility; siting; requirements; rules
A. Beginning on October 1, 2020, the construction or operation of a proposed individual wind turbine or any other individual structure that requires a federal aviation administration form 7460‑1 and that is part of a wind energy facility may not encroach on or otherwise have a significant adverse impact on the mission, training or operations of any military installation or branch of military as determined by the military aviation and installation assurance siting clearinghouse and the federal aviation administration. Areas of impact include military training routes, drop zones, approaches to runways and bombing ranges. An individual wind turbine or any other individual structure that requires a federal aviation administration form 7460‑1 and that is part of a wind energy facility may not be constructed or expanded unless there is an active determination of no hazard from the federal aviation administration and adverse impacts to the United States department of defense, pursuant to 32 Code of Federal Regulations section 211.6, have been resolved as evidenced by documentation from the military aviation and installation assurance siting clearinghouse for the individual wind turbine or wind energy facility. The mission compatibility certification letter or successor form may serve as evidence of adverse impacts being resolved with the United states department of defense or its successor agency.
B. The owner or operator of the proposed individual wind turbine or wind energy facility specified in subsection A of this section shall file with the corporation commission the determination of no hazard and documentation of the resolution of adverse impacts to the United states department of defense.
C. Subsection A of this section does not prohibit the construction of an individual wind turbine or any other individual structure that requires a federal aviation administration form 7460‑1 and that is part of a wind energy facility if that individual wind turbine or other individual structure has received a determination of no hazard or mitigation plan on or before the effective date of this section.
D. The corporation commission may adopt rules for implementing this section, including administrative penalties for not completing and filing the documentation required by this section.
