(a)The director shall appoint an administrator of the
division who shall serve at the director's pleasure as the
executive and administrative head of the division. The
administrator is responsible to and under control and
supervision of the director. The director shall employ such
other staff as deemed necessary by the director to carry out the
functions and responsibilities of the division.
(b)The council shall promulgate rules and regulations
pursuant to the Wyoming Administrative Procedure Act,
implementing this chapter. The director, or the administrator if
designated by the director, shall administer and enforce this
chapter and any rules, regulations and orders approved or issued
by the council.
(c)The director, administrator and the staff of the
division are authorized to the ext
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(a) The director shall appoint an administrator of the
division who shall serve at the director's pleasure as the
executive and administrative head of the division. The
administrator is responsible to and under control and
supervision of the director. The director shall employ such
other staff as deemed necessary by the director to carry out the
functions and responsibilities of the division.
(b) The council shall promulgate rules and regulations
pursuant to the Wyoming Administrative Procedure Act,
implementing this chapter. The director, or the administrator if
designated by the director, shall administer and enforce this
chapter and any rules, regulations and orders approved or issued
by the council.
(c) The director, administrator and the staff of the
division are authorized to the extent possible, at the request
of local governments, to provide technical assistance to local
governments in the preparation of anticipated impacts related to
a proposed project consistent with W.S. 39-15-111(c) and (d) and
39-16-111(d) and (e) and negotiation of agreements with
applicants as provided for in W.S. 35-12-107.
(d) In addition to the rules and regulations adopted under
subsection (b) of this section, the council shall promulgate
rules and regulations prescribing decommissioning and site
reclamation standards for facilities permitted under W.S. 35-12-
102(a)(vii)(E), (F) and (G). Such standards shall preempt
county rules or regulations concerning decommissioning and
reclamation and shall be designed to assure the proper
decommissioning and interim and final site reclamation of
commercial facilities generating electricity from wind or solar
and wind energy and solar energy facilities during construction
and operation of the facility, at the end of their useful life,
upon revocation of a permit authorizing their operation or upon
the happening of any event which causes operations to cease. The
council's regulation shall only preempt those facilities
regulated under this act. In the event of any conflict between a
standard applied under this subsection and a valid order of the
Wyoming public service commission, the order of the public
service commission shall be applied.
(e) In addition to the rules and regulations adopted under
subsection (b) of this section, the council shall promulgate
rules and regulations prescribing financial assurance
requirements for facilities permitted by it pursuant to W.S. 35-
12-102(a)(vii)(E), (F) and (G). These rules and regulations
shall not apply to facilities that are public utilities and
regulated by the Wyoming public service commission. These rules
and regulations shall preempt county rules and regulations
concerning financial assurances and shall be designed to provide
adequate assurance that the permitted facilities will be
properly reclaimed and decommissioned at the end of their useful
life, upon revocation of a permit authorizing their operation or
upon the happening of any event which causes operations to
cease. The elements to consider when establishing adequate
levels of financial assurance shall include credit worthiness,
financial strength, credit history, credit rating and any other
factors that reasonably bear upon the decision to accept a
financial assurance. The financial assurance may be in any form
acceptable to the council and may include a corporate guarantee,
letter of credit, bond, deposit account or insurance policy.
(f) In addition to the rules and regulations adopted under
subsection (b) of this section, the council shall promulgate
rules and regulations requiring applicants for facilities
described in W.S. 35-12-102(a)(vii)(E), (F) and (G) to provide
notice to record owners of mineral rights located on or under
the lands where the proposed facility will be constructed. Such
notice may include notice by publication.
(g) The council may adopt such rules and regulations,
including fee structures, as are appropriate to accept and
consider applications referred by any board of county
commissioners under W.S. 18-5-509.