House File 2580 H-8227 Amend House File 2580 as follows: 1 1. Page 9, after line 24 by inserting: 2 < 16. a. Prior to the commencement of construction of a wind 3 energy conversion facility, the owner or operator shall, at the 4 owner’s or operator’s expense, cause to be performed baseline 5 testing of soil and water quality on all nonparticipating 6 property within one-half mile of any proposed turbine location. 7 The baseline testing shall include, at a minimum, all of the 8 following: 9 (1) Soil sampling at a depth of zero to six inches and six 10 to twelve inches at locations determined by a grid pattern with 11 sampling points no more than five hundred feet apart. 12 (2) Analysis of soil samples for the presence and 13 concentration of fiberglass particles, microplastics, bisphenol 14 A, epoxy resin compounds, and polyurethane compounds. 15 (3) Water sampling from all potable water wells, 16 agricultural drainage tile outlets, open drainage ditches, 17 streams, ponds, and other surface water features within 18 one-half mile of any proposed turbine location. 19 (4) Analysis of water samples for the presence and 20 concentration of fiberglass particles, microplastics, bisphenol 21 A, epoxy resin compounds, and polyurethane compounds. 22 b. All baseline testing shall be performed by an independent 23 environmental testing laboratory certified by the department of 24 natural resources. The laboratory shall not be affiliated with 25 the facility owner, operator, or any turbine manufacturer. 26 c. Baseline test results shall be filed with the county 27 recorder and the department of natural resources no later than 28 thirty days prior to the commencement of construction. A copy 29 of all baseline test results shall be provided to each owner of 30 nonparticipating property on which testing was performed. 31 d. Following the commencement of commercial operation, 32 the owner or operator shall cause identical soil and water 33 testing to be performed at the same locations and under the 34 same protocols as the baseline testing at all of the following 35 -1- HF 2580.3227 (2) 91 sb/js 1/ 2 #1.
intervals: 1 (1) Annually for the first five years of commercial 2 operation. 3 (2) Every two years thereafter for the remaining life of 4 the facility. 5 (3) Within sixty days following any catastrophic blade 6 failure event. 7 e. All periodic test results shall be filed with the county 8 recorder and the department of natural resources within thirty 9 days of receipt by the facility owner or operator. A copy of 10 all periodic test results shall be provided to each owner of 11 nonparticipating property on which testing was performed. 12 f. If any periodic test reveals an increase in the 13 concentration of fiberglass particles, microplastics, bisphenol 14 A, epoxy resin compounds, or polyurethane compounds that 15 exceeds the baseline measurement by a statistically significant 16 amount, the facility owner or operator shall, within thirty 17 days, submit to the local authority and the department of 18 natural resources a remediation plan describing the measures to 19 be taken to address the contamination. The facility owner or 20 operator shall bear all costs of remediation. 21 g. All costs of baseline testing, periodic testing, and any 22 resulting remediation shall be borne solely by the facility 23 owner or operator. 24 h. This subsection shall not apply to a renewable electric 25 power generation facility that does not include a wind energy 26 conversion facility. > 27 2. By renumbering, redesignating, and correcting internal 28 references as necessary. 29 ______________________________ THOMSON of Floyd -2- HF 2580.3227 (2) 91 sb/js 2/ 2 #2.