The State Lands and Investments Board has drafted proposed rule changes regarding wind energy development on state lands. And it's hoping to receive a lot of public input over the next couple of months to make sure all stakeholders have their say.
Written public comment will be accepted until 5 p.m. March 1, and there will be four public hearings across the state in March.
"It's going to be very important to us that we get the public and all the stakeholders' input in these hearings. Nothing's worse than not getting good public participation until the tail end," said Lynne Boomgaarden, director of the Wyoming Office of State Lands and Investments.
The biggest change is a modification of how surface damages are paid, and should benefit both wind energy developers and existing state land lessees, according to state officials.
Typically, the state leaves it up to the grazing lessee to negotiate surface damage payments from an oil and gas developer. And those payments are split between the grazing lessee and the state on a percentage basis, depending on the value and structure of the agreement.
Under the proposed rule change, the grazing lessee would receive 100 percent of the surface damage payment from wind development. Boomgaarden said this is positive for both parties because the state is already being paid by the wind developer for the installation of facilities. So instead of having to worry about negotiating for the state, the grazing lessee can simply negotiate for impacts to his grazing operations.
"Wind companies told us that in these negotiations, grazing lessees were asking for way too much because they felt if they had to split with the state, they needed a higher amount," said Boomgaarden.
Another significant change is a notification requirement. If a wind developer submits a lease application, it would be required to notify existing lessees -- such as grazing, oil and gas and recreational lessees -- of its intent to develop wind.
As in the existing rules, the existing lessees can either consent, saying the proposed wind development will have minimal or no impacts to the existing uses. Or the existing lessee can provide information to the State Lands and Investments Board describing how wind development would significantly impact the existing uses and leave it up to the board to decide whether to approve the application.
So far, 46,852 acres of state-owned lands are under lease for utility-scale wind development, according to Butch Parks, commercial leasing specialist with the Office of State Lands and Investments. Another 60,547 acres of state lands were under application as of last week. However, that number is constantly changing.
"A lot of times they'll find, through due diligence, the land doesn't suit their needs," said Parks.
Parks said 18 applications by potential wind developers totaling 212,603 acres were withdrawn last year when Gov. Dave Freudenthal clarified that no new wind energy would be allowed within the state's sage grouse "core areas."
Contact energy reporter Dustin Bleizeffer at 307-577-6069 or dustin.bleizeffer@trib.com. Go to http://tribtown.trib.com/DustinBleizeffer/blog to read Dustin's energy blog
