SSB 3169

This bill relates to siting and operation of certain wind energy conversion facilities. _____ authorities approving a wind energy conversion facility (facility) proposed after January 1, 2025. The bill sets guidelines for a local authority to implement a facility setback standard, which shall include a facility’s distance from specified existing buildings based on the facility’s height. The local authority must include a process for an owner of an abutting dwelling, nonparticipating property, or community building to waive the setback standards. The bill includes additional standards a local authority may implement including shadow flicker standards, sound limitations, and a requirement that an applicant for a proposed facility shall agree to repair any damages caused by the facility. The bill requires a local authority to utilize reasonable estimates for application approval costs. A local authority shall not prohibit or regulate a facility testing the suitability of a facility placement. Any regulations enacted after the application for a facility permit shall not limit the construction, operation, or maintenance of that facility. A local authority shall not prohibit a landowner from waiving requirements by conveyance of an easement. The bill provides that a local authority may require a facility that is not owned or operated by a public utility regulated by the Iowa utilities board to file a decommissioning plan including certain measures. The local authority is prohibited from requiring a facility to provide a revision or amendment of a decommissioning plan. The bill requires a facility to be presumed abandoned if the facility has not been in operation for months, with some exceptions. The owner of the abandoned facility is responsible for removing the facility and is subject to any other reasonable conditions in the decommissioning plan if applicable. _____ certification under Code chapter 476A, a facility that is currently operating or has applied for certification before the enactment of the bill, or the repowering of a facility existing on or before January 1, 2025. The bill requires a local authority to approve a request by a facility if the request is in compliance with the bill. A local authority shall issue a decision on a request by a facility within 120 days of the request submission. The denial of a request shall be supported by substantial evidence of noncompliance by the facility. The bill prohibits a local authority from disallowing the development of a facility in an agricultural or industrial district. If a local authority has enacted a standard in effect on or after the effective date of the bill that does not comply with the bill, the local authority must amend the standard to comply with the bill by December 31, 2024.