H-8227

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

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THOMSON of Floyd