Utah Code 71A-1-203. Wind turbine and wind energy facility siting — Military Aviation and Installation Assurance Siting Clearinghouse
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 71A-1-203
- Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Clearinghouse” means the Military Aviation and Installation Assurance Siting Clearinghouse established by the United States Secretary of Defense under 10 U.S.C. § 183(a).(1)(b)(1)(b)(i) “Commencement of construction” means beginning excavation of wind turbine foundations or other actions relating to the actual erection and installation of commercial wind energy equipment.(1)(b)(ii) “Commencement of construction” does not include activities related to:(1)(b)(ii)(A) the erection of meteorological towers;(1)(b)(ii)(B) environmental assessments;(1)(b)(ii)(C) surveys;(1)(b)(ii)(D) preliminary engineering; or(1)(b)(ii)(E) assessments of the development of the wind resources on a given parcel of property.(1)(c) “Determination of no hazard” means the formal response issued by the FAA upon completion of an aeronautical study regarding a facility structure’s impact to air navigation affirming that:(1)(c)(i) the facility structure does not exceed obstruction standards; and(1)(c)(ii) modifications to the facility structure are not required.(1)(d) “FAA” means the United States Federal Aviation Administration.(1)(e) “Facility structure” means a wind turbine or other structure located on a wind energy facility, the construction or modification of which would require the completion of Form 7460-1.(1)(f) “Form 7460-1” means:(1)(f)(i) FAA Form 7460-1, Notice of Proposed Construction or Alteration, which the FAA uses to conduct aeronautical studies to promote air safety and the efficient use of navigable airspace, as required under 14 C.F.R. part 77; or(1)(f)(ii) a form designated by the FAA to conduct aeronautical studies to promote air safety and the efficient use of navigable airspace.(1)(g) “Mission compatibility certification letter” means the formal response the clearinghouse issues through the clearinghouse’s review of proposed projects and facility structures through the clearinghouse’s evaluation process.(1)(h) “Owner” means a person having a majority equity interest in a commercial wind energy facility.(1)(i)(1)(i)(i) “Wind energy facility” means an electrical generation consisting of one or more wind turbines under common ownership or operating control.(1)(i)(ii) “Wind energy facility” includes the infrastructure necessary to support the generation of electricity by one or more wind turbines, including:(1)(i)(ii)(A) substations;(1)(i)(ii)(B) meteorological data towers;(1)(i)(ii)(C) aboveground and underground electrical transmission lines;(1)(i)(ii)(D) transformers;(1)(i)(ii)(E) control systems; and(1)(i)(ii)(F) other structures used to support the operation of the facility with the primary purpose of supplying electricity to an off-site customer.(1)(j)(1)(j)(i) “Wind turbine” means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator.(1)(j)(ii) “Wind turbine” includes the turbine, blade, tower, base, and pad transformer.
(2) Construction or modification of a facility structure may not encroach upon or otherwise have an adverse impact on the mission, training, or operations of any military installation or branch of the military as determined by the clearinghouse and the FAA.
(3) An adverse impact to a military installation or branch of the military in Subsection (2) includes an adverse impact to:
(3)(a) a military training route;
(3)(b) a drop zone;
(3)(c) an approach to a runway;
(3)(d) a test or training range;
(3)(e) a military installation or facility;
(3)(f) United States Department of Defense special use air space; and
(3)(g) United States Department of Defense spectral requirements.
(4)
(4)(a) A facility structure may not be constructed or expanded unless:
(4)(a)(i) there is an active determination of no hazard; or
(4)(a)(ii) any adverse impacts to the United States Department of Defense, determined in accordance with 32 C.F.R. § 211.6, or the National Defense Authorization Act have been resolved as evidenced by documentation from the clearinghouse for the facility structure and the department.
(4)(b) For purposes of Subsection (4)(a)(ii), a mission compatibility certification letter may serve as evidence that the wind facility has resolved adverse impacts with the United States Department of Defense or successor agency.
(5)
(5)(a) Before expanding or constructing a facility structure, and within 30 days of submitting an application to the FAA, an owner shall file a copy of the FAA application with the department.
(5)(b) Within 15 days of receiving a copy of the FAA application to construct a wind energy site, the department will provide a copy of the application to the Department of Natural Resources and the affected military entities.
(5)(c) The department may serve in a coordination role with the owner, the Department of Natural Resources, and the affected military entity.
(6) Within 30 days of receiving final notification from the FAA or a Notice of Presumed Risk from the Department of Defense the owner shall provide the department a copy of the documentation as well as:
(6)(a) any determination of no hazard the owner receives related to the facility structure;
(6)(b) any documentation the owner receives from the clearinghouse referring to any resolution of adverse impacts created by the facility structure; and
(6)(c) any documentation the owner receives from the department demonstrating a determination of no impact or no hazard.
(7) The requirements under this section may not prohibit the construction of a facility structure if the facility structure has received a determination of no hazard or mitigation plan before May 1, 2024.
(8)
(8)(a) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer this section.
(8)(b) The documentation an owner submits in accordance with Subsections (5) and (6):
(8)(b)(i) shall only be used and disclosed by the department in accordance with this section;
(8)(b)(ii) is confidential, not public, and not open to public inspection; and
(8)(b)(iii) is not subject to Title 63G, Chapter 2, Government Records Access and Management Act.
(9) If an owner fails to submit the documentation described in Subsections (5) and (6) for an individual facility structure:
(9)(a) the department may charge the owner an administrative penalty not to exceed $1,500 per day, per violation; and
(9)(b) a stakeholder, including the department, may bring an action in court to:
(9)(b)(i) enjoin any action on a facility structure in violation of this section; and
(9)(b)(ii) enforce the requirements of this section.