Section 18-5-501 - Definitions

18-5-501. Definitions. (a) As used in this article: (i) 'Industrial siting council' or 'council' means the council created by W.S. 35-12-104; (ii) 'Wind energy facility' means any wind powered electrical generation development consisting of an individual wind turbine or multiple wind turbines rated by the manufacturer to generate more than one-half (0.5) megawatt of electricity and includes all lands where the owner or developer has rights to erect wind turbines; (iii) 'Enlarge' or 'enlargement' means adding additional wind turbines or energy capacity that is not permitted as part of an original permitting process. 'Enlarge' or 'enlargement' shall not include an improvement made to a permitted wind turbine that maintains the same surface space occupied by the structure that was previously permitted, regardless of the cost of the improvement; (iv) 'Owner' means the surface owner of land; (v) 'Facility' includes: (A) A wind energy facility or a solar energy facility unless the context clearly indicates otherwise; (B) A wind energy facility or a solar energy facility planned for construction and siting or whose ownership or business structure is organized in a way to circumvent the

clearly indicates otherwise; (B) A wind energy facility or a solar energy facility planned for construction and siting or whose ownership or business structure is organized in a way to circumvent the definition of 'facility' or the requirements of this article while engaging in conduct that otherwise would be subject to the requirements of this article. A facility that meets the definition of this subparagraph shall comply with all requirements of this article before locating, erecting, constructing, reconstructing or enlarging the facility. (vi) 'Solar energy facility' means a commercial facility with a rated power capacity of more than one-half (0.5) megawatt of electricity from solar power that includes all lands where the owner or developer has rights to erect solar energy facilities, including lands for battery storage.