House Bill 1338
Introduced House Bill (H)
DIGEST
Wind farm siting and conflicts of interest. Establishes minimum setback requirements for the siting of wind power devices after June 30, 2018. Amends the statute that establishes the criminal offense of conflict of interest by a public servant to provide that a public servant who serves a unit in which a proposed wind farm development is being considered commits an offense under the statute if either of the following apply: (1) The public servant knowingly: (A) has or will have a pecuniary interest in; or (B) derives or will derive a profit from; a contract or purchase related to the
Wind farm siting and conflicts of interest. Establishes minimum setback requirements for the siting of wind power devices after June 30, 2018. Amends the statute that establishes the criminal offense of conflict of interest by a public servant to provide that a public servant who serves a unit in which a proposed wind farm development is being considered commits an offense under the statute if either of the following apply: (1) The public servant knowingly: (A) has or will have a pecuniary interest in; or (B) derives or will derive a profit from; a contract or purchase related to the
proposed wind farm development. (2) The wind farm developer does, or offers to do, certain specified acts related to the proposed wind farm development and involving the public servant's role as a public official. Provides that a public servant does not commit an offense under the statute if the public servant makes a written disclosure that describes the nature of the conflict the public servant has with respect to the proposed wind farm development. Provides that after June 30, 2018, a unit may not authorize, or establish requirements for, the installation or siting of wind power devices in the unit unless: (1) the voters of the unit have approved the installation or siting of wind power devices in the unit through a local public question; and (2) with respect to the siting of wind power devices in the unit, the unit requires at least the minimum setback requirement standards established in the bill. Provides that a regulation that: (1) is adopted or amended by a unit after June 30, 2018; and (2) authorizes, or establishes requirements for, the installation or siting of wind power devices in the unit; does not take effect unless these conditions are met. Sets forth procedures for conducting a local public question concerning the installation or siting of wind power devices in a unit. Requires a wind farm developer that seeks to install or locate one or more wind power devices in a unit to make certain disclosures regarding conflicts of interest involving elected or unelected officials with respect to the proposed project. Provides that a wind farm developer shall make the required disclosures as necessary throughout all phases of the proposed project and continuing for one year after the date on which all wind power devices included in the project are fully operational. Prescribes the form and manner in which the disclosures must be made. Confers authority upon the attorney general to investigate and adjudicate complaints alleging violations of the disclosure requirements. Provides that upon determining that a wind farm developer has violated the requirements, the attorney general may impose a civil penalty of not more than: (1) $50,000 for the first violation; and (2) $100,000 for any subsequent violation.
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