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Changes to Existing Law

HB1198Require that certain facilities obtain conditional use permits from adjacent political subdivisions.

2 sections modified+1007-0
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§ 11-2

New Section
+627
NEW SECTION added to Chapter 11-2
The operator of a proposed high energy use facility must apply for a conditional use permit from a county adjacent to the political subdivision in which the facility is located if: (1) The facility is located within one mile of the boundary of the adjacent county; and (2) The adjacent county has adopted zoning ordinances or a special zoning area. For purposes of this section, "high energy use facility" means one or more buildings located on a single parcel, or multiple contiguous parcels, with an anticipated combined utility demand plus facility generated power of twenty megawatts or more of average electrical power. 13

§ 11-4

New Section
+380
NEW SECTION added to Chapter 11-4
The operator of a proposed high energy use facility, as defined in section of this Act, must apply for a conditional use permit from a municipality adjacent to the political subdivision in which the facility is located if: (1) The facility is located within one mile of the boundary of the adjacent municipality; and (2) The adjacent municipality has adopted zoning ordinances. 20