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2009 Senate Bill 5107: Addressing renewable resource projects within energy overlay zones
Introduced by Sen. Jim Honeyford (Grandview) (R) on January 14, 2009
Amends land use regulations to include energy overlay zones, defined as formal plans enacted by counties which establish suitable areas for siting renewable resource projects based on currently available resources and existing infrastructure with sensitivity to adverse environmental impacs.   Official Text and Analysis.
Referred to the Senate Environment, Water & Energy Committee on January 14, 2009
Referred to the Senate Rules Committee on January 27, 2009
Received in the House on February 2, 2009
Referred to the House Technology, Energy, and Communications Committee on February 2, 2009
Amendment offered in the House on March 23, 2009
To require that a county ordinance for energy overlay zones must be consistent with the Washington Department of Fish and Wildlife's wind power guidelines.
The amendment failed by voice vote in the House on March 23, 2009
Referred to the House Rules Committee on April 6, 2009
Amendment offered by Rep. Jeff Morris (Mt. Vernon) (D) on April 7, 2009
To provide an additional process for land use decisions made by a local jurisdiction concerning wind energy power generation projects within a county energy overlay zone to be presumed reasonable under the land use petition act. Specifies that a wind power generation project is considered reasonable if a local jurisdiction prepares an environmental impact statement on the energy overlay zone and certain local ordinances have been adopted that mitigate environmental impacts, to analyze site specific fish and wildlife and cultural issues, and address critical areas as required by the growth management act.
The amendment passed by voice vote in the House on April 7, 2009
Received in the Senate on April 22, 2009
Senate agrees to House amendments.
Signed by Gov. Christine Gregoire on May 8, 2009
Judicial standards for granting relief under LUPA are revised to provide that land use decisions establishing renewable resource projects within a county energy overlay zone are presumed to be reasonable to the extent that they are in compliance with requirements and standards established by ordinance for that zone. "Energy overlay zone" and "renewable resources" are defined in specific terms. House amendments specify additional requirements for land use decisions concerning wind power projects and provide guidelines for what requirements must govern city, county or town land use decisions regarding environmental impact and state environmental policy within a county energy overlay zone.