Relating to the siting and operation of certain wind energy conversion facilities

The bill provides that it is not the intent of the general assembly to negatively affect renewable energy generation for private generation customers, rate-regulated public utilities, municipally owned utilities, or rural electric cooperatives. The bill provides that a facility shall be sited at a distance no less than the greater of two and one-half times the total height of a wind turbine to be constructed on a proposed facility, as described in the bill, or 1,250 feet from any existing abutting dwelling or nonparticipating property, and at a distance no less than the greater of one and one-tenth times the total height of a wind turbine or 500 feet from any existing overhead utility line, electric substation, public road right-of-way, railroad right-of-way, or unoccupied structure. The bill includes definitions for “abutting dwelling”, “nonparticipating property”, “public road right-of-way”, “railroad right-of-way”, and “unoccupied structure”. The bill provides that prior to the siting of a proposed facility, the owner of the proposed facility shall notify the owner or operator of any registered or licensed emergency services communications tower located within a five-mile radius of the proposed location. A facility shall be sited at a location which does not interfere with any existing emergency services communication equipment or systems. If the facility interferes with any such equipment, the owner of the facility shall take all necessary steps to mitigate the interference. The bill provides that prior to the siting of a proposed facility, the owner of the proposed facility shall file a decommissioning plan with the county where the proposed facility will be located, and specified cities if applicable. The plan shall be accompanied with a bond or irrevocable letter of credit in an amount sufficient to cover the costs of removal of the facility. This requirement does not apply to a facility owned or operated by a rate-regulated public utility. The bill provides that a facility shall be presumed abandoned and shall be removed by the owner, including the removal of infrastructure four feet below ground level, if the facility fails to operate or be staffed for more than consecutive months without generating energy. The bill provides that it does not prohibit local authorities from imposing additional or more restrictive requirements relating to the siting or removal of facilities, unless such requirements conflict with the bill or any other provision of law. The bill also provides that it does not prohibit a landowner from waiving any requirements of the bill with respect to siting. The bill provides that it does not apply to wind energy conversion facilities existing on or before January 1, 2020, or facilities the construction of which is begun prior to January 1, 2020, and is scheduled for completion by January 1, 2021, as described in the bill. The Iowa utilities board may grant additional time for completion of such a facility for a period of up to months upon a showing of good cause. The bill provides that it does not apply to the repowering of a wind energy conversion facility existing on or before January 1, 2020, provided that the repowering does not violate the siting distance requirements contained in the bill.49.49A provides that wind energy conversion facilities which have a nameplate generating capacity of greater than 500 kilowatts shall not connect with the electric distribution system unless authorized by the board pursuant to a contested case proceeding, after notice and a hearing. In doing so, the board shall consider engineering studies conducted by affected public utilities.49A does not apply to facilities owned or operated by rate-regulated public utilities.