The purpose of this Chapter 17.34 is to establish minimum requirements and regulations for the placement, construction and modification of small wind energy systems, commercial wind energy systems, and wind metering towers and equipment, as defined herein, while promoting the safe, effective and efficient use of such systems.

(Ord. No. 2012-4, § 1, 11-26-2012)

"Shadow flicker" means alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on an object, such as a window.

"Total extended height" means the distance measured from ground level to the tip of the blade, extended at its highest point of travel.

"Tower" means the supporting structure on which the turbine is mounted.

"Turbine" means that portion of the wind system that is used to capture the energy of the wind and transform it into electrical or mechanical energy. The turbine includes a rotor (blades) and nacelle (generator), and on many wind systems, a tail.

"Wind energy system, commercial" means a wind energy conversion system consisting of one or more wind turbine(s) and tower(s), with associated control or conversion electronics, which will be used for on-site and/or off-site consumption of power with a rated capacity in excess of one hundred kW.

"Wind energy system, small" means a wind energy conversion system consisting of a wind turbine, a tower or other support structure, and associated control or conversion electronics with a rated capacity appropriate to the on-site electric usage of the end-use and which will be used primarily to reduce on-site consumption of utility power. A small wind energy system may have a rated capacity of up to one hundred kW.

"Wind monitoring tower and equipment-meteorological (met) tower" means a tower that houses or supports wind measuring equipment, such as an anemometer, for the purpose of measuring and monitoring wind velocity, duration, intensity, regularity, air temperature and pressure, etc. Met towers are typically permitted only on a temporary basis (two to five years) to help determine the viability of a wind energy system project; although more permanent met towers may also be considered.

"Wind turbine, horizontal-axis (HAWT)" means a wind turbine designed to have the axis of rotation aligned with the direction of the wind, such as with the common propeller-type models.

"Wind turbine, vertical-axis (VAWT)" means a wind turbine designed to have the axis of rotation perpendicular to the wind direction.

(Ord. No. 2012-4, § 1, 11-26-2012)

A.

Permitted Locations and Number. A small wind energy system that complies with the provisions of this section is permitted as described in Section 17.16.030, Table of Uses, Iron County Zoning Ordinance, and in accordance with the following:

1.

Only one small wind energy system may be authorized per lot, with the following exceptions:

a.

Multiple small wind energy systems may be authorized as permitted uses on lots that are twenty acres or larger and zoned A-20, C, LI, I, or I-A.

b.

In the R-5, and R-2 zones, up to two small wind energy systems may be authorized as permitted uses when the small wind energy systems are vertical-axis wind turbines and do not exceed forty-five feet in height.

c.

Schools, churches, public service entities, and similar public and non-profit entities located on lots larger than five acres may request additional wind turbines through the conditional use permit review process.

2.

Note that multiple small wind energy systems may require greater noise setbacks than single systems, as addressed in subsection (C)(5) below.

B.

Minimum Lot Size. A horizontal-axis or vertical-axis small wind energy system may be erected on any lot that meets the minimum lot size requirement for the zone and is capable of meeting the setback and lot size requirements of this section (see subsection (A)(1)(a) above).

C.

Design Standards.

1.

Pole or Tower Design. The design of the small wind energy system may include a monopole/freestanding design, or a guy-wired tower, whether mounted on the ground or on a building.

2.

Total Extended Height. The total extended height of the small wind energy system shall not exceed eighty feet if located on a lot zoned R-2; one hundred feet if located on a lot zoned R-5; or, one hundred twenty-five feet if located on a lot that is zoned A-20, C, LI, I or IA. Sufficient clearance to lower and raise the tower and turbine is to be provided and maintained.

3.

Safety.

a.

The minimum height of the lowest extent of a turbine blade/rotor shall be fifteen feet above the ground, if on a horizontal axis turbine. There is no minimum rotor height for a vertical-axis turbine, provided the blades/rotor must be located or isolated (e.g., fenced) such that they are not easily accessible to anyone but maintenance personnel.

b.

No tower shall have an external climbing apparatus within twelve feet of the ground. All access doors or access ways to towers and electrical equipment shall be locked when not in use.

c.

Appropriate warning signage/marking is to be placed on towers, guy wires, and electrical equipment.

d.

All small wind energy systems must have a manufacturers' maximum RPM (revolutions per minute) rating of less than five hundred.

4.

Setbacks. In determining the required separation of a small wind energy system from the uses listed, all applicable setbacks are to be followed. Where multiple setbacks are applicable, the most restrictive applies.

a.

Property Lines. Small wind energy systems must be set back from property lines a distance of at least one hundred ten percent of the systems total extended height.

b.

Safety Areas. For safety purposes, a small wind energy system shall be set back from the nearest property line, public road rights-of-way, tanks containing combustible/flammable liquids, and above-ground communication or electrical lines not less than one hundred twenty-five percent of its total extended height if located on a freestanding tower or pole, or if mounted on a building, the distance of the likely fall zone.

Additional setbacks from neighboring residences and residentially zoned lots are set forth in subsection (C)(5) below.

5.

Noise Limitations. To reduce noise impacts to neighboring residential properties, no small wind energy system or combination of small wind energy systems shall produce noise that exceeds fifty dB, as measured at the property line of any neighboring lot not owned by the small wind energy system owner/developer.

6.

Visual Standards.

a.

Small wind energy systems are to be finished and maintained as manufactured.

b.

No small wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing style, rather than the white, strobe style, unless disclosed and justified through the application review process.

c.

No advertising signs of any kind or nature whatsoever shall be permitted on any small wind energy system.

d.

The design of any accessory buildings or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

e.

The property owner shall reasonably attempt to site the system at a location that minimizes the potential for shadow flicker impacts to their own and neighboring residences.

7.

Electrical Interconnections. All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.

8.

Signal Interference. Efforts shall be made to site small wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system shall cause permanent and material interference with television or other communication signals.

9.

Overspeed Controls. Every small wind energy system is to be equipped with an automatic overspeed control, braking system, or feathering system.

10.

Fire Protection. All small wind energy systems are to be provided with a defensible space for fire protection, in accordance with the Iron County wildland-urban interface code.

D.

Permit Applications. A building permit is required for a small wind energy system. The application is to include the following information.

1.

A site plan, drawn to scale, showing the location of the proposed small wind energy system; the locations of all existing buildings and structures, dimensioned to the property lines; the location of any septic system, well, utility line or easement, access easement, or any tank containing flammable materials on the property; the area required for raising and lowering the tower; the defensible space area required by the urban-wildlands interface code; and the applicable setbacks for the small wind energy system.

2.

Noise Compliance Documentation. Provide the information necessary to demonstrate that the applicable noise requirements of Section 17.34.030(C)(5) will be met.

3.

Standard Drawings for Building Permit. Engineered plans and calculations generally provided by the system manufacturer shall be required to obtain a building permit for a small wind energy system. Plans and calculations shall be stamped, dated and signed in accordance with Utah State Codes, ordinances, and laws governing such actions, by the system manufacturer or an engineer licensed and in good standing with the state of Utah. Plans and calculations must verify that the structure is designed and capable of withstanding the conditions of the site, including, but not limited to, wind load, snow load, seismic conditions, and soil conditions, as required by the Iron County building department. Soils testing by a qualified soils engineer that is licensed by, and in good standing with, the state of Utah may be required.

4.

Specific information on the type, model, size, rotor material, rated power output, rated rotor speed, overspeed safety features, and survival wind speed, as well as the name and address of the manufacturer is to be provided. These items are typically included in a specification sheet available from the manufacturer.

5.

A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.

6.

Net Metering Agreement. If the system will be connected to the electricity grid the applicant must provide documentation with the building permit that notification has been provided to the appropriate utility company (e.g., work order number status). Where appropriate, a fully-executed net metering permit/agreement must be provided to the building inspector prior to operation of a system that will be connected to the grid.

(Ord. No. 2012-4, § 1, 11-26-2012)

The following standards shall apply to all commercial wind energy systems:

A.

Permissible Locations. A commercial wind energy system may be permitted as described in Section 17.16.030, Table of Uses, Iron County zoning ordinance. Notice of a conditional use permit application for a commercial wind energy system, shall include notice through U.S. mail of the date, time and place of the public hearing to owners of all properties within one-quarter mile of any proposed wind turbine location, based on the county assessor's records. The notice shall be mailed by the county at least ten days prior to the hearing, at the applicant's expense.

B.

Design Standards. A commercial wind energy system shall comply with the design standards set forth below.

1.

Pole or Tower Design. The design of the commercial wind energy system shall be of monopole or freestanding design with no guy-wired towers. No open-lattice style towers are permitted, unless they are entirely clad with a suitable cover, such as an architectural fabric, and engineered to consider the additional forces related to the covering.

2.

Minimum Blade Height. The minimum height of the lowest extent of a turbine blade shall be thirty feet above the ground and fifteen feet above any structure or obstacle within the fall zone of the tower.

3.

Safety/Access.

a.

No tower shall have an exterior climbing apparatus within twelve feet of the ground without preventable access measures. All access doors or access ways to towers and electrical equipment shall be locked.

b.

Appropriate warning signage shall be placed on towers, electrical equipment and wind energy system entrances as set forth by industry standards.

4.

Setbacks. In determining the required separation of a commercial wind energy system from the uses listed, all applicable setbacks are to be followed. Where multiple setbacks are applicable, the most restrictive applies.

a.

Project Boundary Lines.

i.

A commercial wind energy system tower shall be set back from all project boundaries as set forth by noise and fall zone restrictions with a minimum distance of one hundred twenty-five percent its total extended height.

ii.

A commercial wind energy system tower shall be set back from all existing state Class A, county Class B, and city Class C roads, tanks containing combustible/flammable liquids, and above-ground communication or electrical lines, not less than a distance of one hundred ten percent its total extended height. The county planning commission is hereby authorized to grant exception to the setback requirement for a particular tower(s) during the conditional use permit review process when road duplication or other unique circumstances exist that warrant special consideration.

b.

Other uses. No commercial wind energy system shall be located within the decibel limitations Section 17.34.040(B)(5), any potential shadow flicker Section 17.34.040(B)(7), or one hundred twenty-five percent of its total extended height of a park, church, hospital, school, playground, or residentially zoned lot not owned or leased by the wind energy developer/owner.

c.

Spacing. Commercial wind energy system towers shall be spaced on center no closer than one hundred ten percent of their individual total extended height.

Additional setbacks from neighboring residences and residentially zoned lots are set forth in subsequent sections for noise and shadow flicker, subsections (B)(5) and (B)(7)(e).

5.

Noise. All commercial wind energy turbines/towers shall be located at the proper distance from the project boundary in so much that the dBA rating shall not exceed a fifty dB at those boundaries. A noise study will be required, and shall be reviewed by an independent qualified party, with the associated costs born by the developer/owner. Failure to operate within the noise limits specified constitutes a violation of this chapter.

6.

Setback and Noise Waivers. Voluntary waivers or reductions of the setback and noise limits established by Sections 17.34.040(B)(4)(a) and (b), and 17.34.040(B)(5) may be accepted from those neighboring property owners that otherwise would be within a setback required by one or more of these sections. The agreement(s) must specifically state the county setback and/or noise standard(s) being waived or reduced, the extent of the waiver, and be in the form of a legally binding contract or easement between the landowner (including assignees in interest) and the wind energy developer, effective for the life of the project. Notwithstanding any such voluntary agreement between the landowner and the wind energy developer, the agreement shall only be effective and reflected in the county's authorization of the project when it has been reviewed and determined acceptable to the county. Any voluntary waiver or reduction agreement must be submitted with the conditional use permit application and if authorized by the county, must be filed with the county recorder upon issuance of the conditional use permit.

7.

Visual Appearance.

a.

Commercial wind energy systems shall be finished and maintained in color and material as manufactured.

b.

No commercial wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing-style, rather than the white, strobe-style, unless disclosed and justified through the application review process.

c.

No advertising signs of any kind or nature shall be permitted on any commercial wind energy system.

d.

Accessory buildings or related structures shall, to the extent reasonably possible, use materials, colors, and textures that will appropriately blend the facility into the existing environment, giving consideration to the use and design life of the building or structure.

e.

A shadow flicker analysis is required with the application for any commercial wind energy system. The project must be located such that they will not result in any significant amount of shadow flicker on a major public roadway, or on any inhabitable structures or residentially zoned lots not owned or leased by the wind project developer/lessor, unless an easement to do so is obtained from the affected property owner and presented with the application.

f.

Appropriate landscaping or screening materials may be required to help screen accessory structures from major roads and adjacent residences. Lighting of accessory structures and substations shall be limited to the minimum necessary and full cut-off lighting (e.g., dark sky compliant) may be required for accessory structures when determined necessary to mitigate visual impacts.

g.

The applicant must provide a view shed analysis of the project, including visual simulations of the wind energy systems and any significant planned structures or improvement, such as new roads on a hillside or substations. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal. More visually sensitive proposals may require analysis from significantly more vantage points, such as different distances and sensitive locations.

8.

Electrical Interconnections. All electrical interconnection and distribution lines within the project boundary shall be underground, unless determined otherwise by the planning commission because of severe environmental constraints (e.g., wetlands, cliffs, hard bedrock), and except for power lines within a substation. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements. Transmission lines (thirty-three and one-half kV lines and above) coming to or leaving the project may be overhead.

9.

Signal Interference. Efforts shall be made to site commercial wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the commercial wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No commercial wind energy system shall cause permanent and material interference with television, cellular, or other communication signals.

10.

Fire Protection. All wind energy systems shall have a defensible space for fire protection in accordance with the Iron County wildland-urban interface code.

C.

Permit Applications. An application for a conditional use permit to establish a commercial wind energy system shall include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in Section 17.34.040(B) will be met. Supporting documentation for addressing the review criteria of Sections 17.34.040(D) and 17.28.050(A) is also to be provided. The land use authority may require any information reasonably necessary to determine compliance with this section.

It is preferred that any related conditional use permit applications for substations or transmission lines be considered in conjunction with the conditional use permit application for the commercial wind energy system; however, if the details of those improvements are not available at the time of application for the commercial wind energy system, they may be considered later, through subsequent conditional use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the commercial wind energy system.

Due to the complexity of large-scale commercial wind energy projects, the county may require a development agreement or other appropriate instrument to address taxing, land use, property assessment, and other issues related to the project. For example, the county is interested in preventing large tax shifts that may otherwise be incurred by county residents each year the centrally assessed wind energy project is depreciated; therefore, cooperation to establish an agreement for payment in lieu of taxes (PILT), or other acceptable solutions may be necessary. A development agreement or substitute agreement may be required as a condition of the permit, and must be approved by the board of county commissioners prior to commencing construction.

D.

Conditional Use Permit. Following the provisions of Chapter 17.28, Iron County Code, additional or more thorough consideration shall be given to the following as the county determines whether the project needs to be approved, denied, or conditionally approved:

1.

Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.

2.

Siting considerations, such as avoiding areas/locations with a high potential for biological conflict such as wilderness study areas, areas of critical environmental concern, county and state parks, historic trails, special management areas or important wildlife habitat; avoiding visual corridors that are essential view sheds or scenic areas designated by the county after analyzing the applicant's wind energy system proposal and considering public hearing comments; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion, or high stormwater runoff potential have been identified; and, avoiding known sensitive historical, cultural or archeological resources.

3.

Site and development plans, which locate and describe the project boundaries, all existing and proposed structures, setbacks, access routes, proposed road improvements, existing inhabitable structures and residentially zoned lots within one mile of the project, existing utilities/pipelines/transmission lines, proposed utility lines/structures, existing topography, existing and proposed drainage ways, proposed grading, natural vegetation removal, re-vegetation actions, dust and erosion control, any floodplains or wetlands, and other relevant items identified by county staff or planning commission. All maps and visual representations need to be drawn at an appropriate scale.

4.

Analysis of local economic benefits, describing estimated: Project cost, generated property taxes and local sales taxes, percent of construction dollars to be spent locally, and the number of local construction and permanent jobs.

5.

Visual Impacts, Appearance and Scenic View Sheds. Potential visual impacts include, but are not limited to, wind towers, rotors, above-ground electrical lines, accessory structures, access roads, utility trenches and installations, and alteration of vegetation. The applicant must provide a view shed analysis of the project, including visual simulations of the wind energy systems and any significant planned structures or improvements, such as new roads on a hillside or substations. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal. More visually sensitive proposals may require analysis from significantly more vantage points, such as different distances and sensitive locations.

6.

Wildlife Habitat Areas and Migration Patterns, Including Avian and Bat Data For The Project Area. Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist, consultation with USDFW will be necessary. A plan for ongoing monitoring after the project is operational for bird, bat, or other wildlife impacts may be required.

7.

Environmental Analysis. In the absence of a required state or federal agency environmental review for the project (e.g., NEPA), the planning commission may request an impact analysis on historic, cultural and archaeological resources; soil erosion; and flora in the area of the project. The land use authority is to consider any impacts to such resources when determining whether to approve, condition or deny a project.

8.

Solid Waste or Hazardous Waste. The application must include plans for the spill-prevention, clean-up, and disposal of fuels, oils, and hazardous wastes, as well as collection methods for solid waste disposal. Verification that all construction waste generated from the project has been removed from the area will be required before a certificate of occupancy may be issued.

9.

Height Restrictions and FAA Hazard Review. Compliance with any applicable airport overlay zoning requirements and the ability to comply with FAA regulations pertaining to hazards to air navigation must be demonstrated.

10.

Transportation Plan, for Construction and Operation Phases. Indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases of the project, along with their existing surfacing and condition. Specify any new roads and proposed upgrades or improvements needed to the existing road system to serve the project (both the construction and O&M periods)—remember to identify needed bridges, culverts, livestock fence crossings (gates and cattleguards), etc. Also identify all areas where modification of the topography is anticipated (cutting/filling) to construct or improve the roadways. Address road restoration or maintenance needs associated with the construction, ongoing maintenance/repair, and potential dismantling of the project. Provide projected traffic counts for the construction period, broken down by the general type/size of vehicles, and identify approximately how many trips will have oversized or overweight loads. The county may require financial guarantees to ensure proper repair/restoration of roadways or other infrastructure damaged or degraded during construction or dismantling of the project. To provide a proper reference for restoration, the "before" conditions of the roadways and other infrastructure must be documented through appropriate methods such as videos, photos, and written records.

11.

Public Safety. Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, radar systems, etc., that may be created by the project.

12.

Noise Limitations. Submit sufficient information regarding noise, so as to demonstrate compliance with Section 17.34.040(B)(5).

13.

Shadow Flicker. Identify the potential of any shadow flicker effects from the project and provide sufficient documentation to demonstrate compliance with Section 17.34.040(B)(7)(e).

14.

Telecommunications Interference. demonstrate that the potential for adverse electromagnetic fields and communications interference generated by the project has been evaluated and determined unlikely, conduct a licensed microwave search and worst case fresnel zone (WCFZ) analysis, including consultations with the National Telecommunications Information Administration (NTIA), Interdepartmental Radio Advisory Committee (IRAC) and the National Weather Service.

15.

Agreement/Easement for Life of the Project and Final Reclamation. All property within the project boundary must be included in a recorded easement(s), lease(s), or consent agreement(s) specifying the applicable uses for the duration of the project.

Also describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of an agreement or other commitment (i.e., bond and/or sinking fund) with affected parties (county, any lessor or property owner, etc.) that ensures proper final reclamation of the wind energy project, as well as repairing any road impacts associated with the work. All required leases, easements, bonds, or other agreements between the wind development company and the affected parties must be in place prior to commencing construction, unless specified otherwise by the conditional use permit.

16.

Other probable and significant impacts, as identified through the review process.

(Ord. No. 2012-4, § 1, 11-26-2012)

A.

Permissible Locations. A wind monitoring tower may be located as described in Section 17.16.030, Table of Uses, Iron County Code; provided, a wind monitoring tower may be permitted in the, R-2, and R-5 zoning districts only when it is for the purpose of investigating the feasibility of a small wind energy system, and when the monitoring tower complies with the height and setback requirements for small wind energy systems, as identified in Section 17.34.030(C)(2) and (4).

On lands being considered for a commercial wind energy system, a wind monitoring tower located on property zoned A-20, C, LI, I, or IA for three years or less is deemed a permitted use, subject to compliance with Section 17.34.050(B)(1)—(6), provided that no road improvements are necessary, the tower is three hundred twenty-eight feet or less in height, and FAA compliance is demonstrated. If road improvements are necessary, or the tower exceeds three hundred twenty-eight feet in height, or more than three years is desired, a conditional use permit is required.

B.

Permit Application. A wind monitoring tower and associated equipment may be permitted subject to the following:

1.

Owner Consent: Evidence that the applicant is the owner of the property, or has written permission of the owner(s) to make such application.

2.

Use Duration: Typically permitted for a maximum of two to five years, as specified in the permit, and as determined by evidence given at the time of application regarding known wind source data.

3.

Height: The allowable height of a monitoring tower not otherwise limited by Section 17.34.050(A) will be established through the conditional use permit review.

4.

Setbacks: The setbacks for a met tower from the exterior property lines of the project, Class A, B, or C road rights-of-way, above-ground communication or electrical lines, and tanks containing combustible/flammable liquids shall be at least 1.1 times its total height.

5.

Tower Security: Any climbing apparatus must be located at least twelve feet above the ground and the tower must be designed to prevent climbing within the first twelve feet; or, the tower must be protected by an eight-foot tall security fence. The tower is recommended to be enclosed with an appropriate fence when there is OHV or livestock use in the area.

6.

Other: As determined by county staff and/or planning commission, other significant health, safety and general welfare issues may need to be addressed.

(Ord. No. 2012-4, § 1, 11-26-2012)

A.

Any wind energy system that has been permitted by this chapter which is not used for two consecutive years, excluding up to six months for repairs, shall be removed within the following six months of a "nonuse" notice. A "nonuse" notice is a formal written notification issued by Iron County recognizing said facilities have not been used for two consecutive years. Failure to remove the system shall be deemed a violation of this chapter.

B.

Any small wind energy system or commercial wind energy system which is nonconforming with this chapter and which is not operable for one year shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this chapter.

(2012-4, § 1, 11-26-2012)

The requirements of this chapter shall apply to all small wind energy systems and commercial wind energy systems proposed after the effective date of this chapter. Wind energy systems for which a required permit has been properly issued prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided, however, that any such system shall be installed and functioning within twenty-four months of the date of the permit. Any system that has been installed but not used for two consecutive years may not be subsequently used without meeting the requirements of this chapter. No preexisting system shall be altered in any manner that would increase the degree of nonconformity with the requirements of this chapter and no alterations shall be made to a nonconforming preexisting system during its life which exceeds fifty percent of its fair market value. If such system is destroyed or damaged to the extent of more than fifty percent of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this chapter.

(Ord. No. 2012-4, § 1, 11-26-2012)