Relating to the siting and operation of renewable electric power generating facilities, and including retroactive applicability provisions

This bill relates to siting and operation of certain renewable electric power generation facilities. The bill creates standard-making ability for local authorities approving a renewable electric power generation facility (facility) proposed after January 1, 2026. 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, a requirement that an applicant for a proposed facility shall agree to repair any damages caused by the facility, wind turbine height limitations, electric code and building code standards, fire protection standards, fencing limitations, ground cover standards, and solar energy conversion facility panel height requirements. The bill requires a local authority to utilize reasonable estimates for application approval costs and prohibits the local authority from requiring the facility owner to pay for administration or road work that is not directly attributable to the approval and construction of the facility. 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 an affected landowner or other entity 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 commission 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 24 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. The bill shall not apply to a wind energy conversion facility with a nameplate capacity of 25 or more megawatts and that has applied for 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, 2026, subject to certain conditions. 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. The bill provides that a local authority may not prohibit or otherwise limit renewable electric power generation facility development based on corn suitability rating as calculated using the methodology recognized by the Iowa state university of science and technology. The bill prohibits a local authority from limiting the size of any specific project or creating caps on projects based on total land mass within the local jurisdiction. The bill allows a local authority to place one temporary moratorium for up to six months on the installation of a wind energy conversion facility for the purpose of adopting new regulations that are consistent with the bill. The bill provides that all new, revised, or amended ordinances or regulations pertaining to solar or solar energy conversion facilities shall only be prospectively applied. The bill expounds that a local authority is not required to adopt standards for approval of renewable electric power generation facilities; however, a local authority with existing siting standards in effect on or after the effective date of the bill that do not comply with the bill must amend the standards to comply with the bill by December 31, 2026. The bill applies retroactively to the siting and operation of all wind energy conversion facilities proposed on or after January 1, 2026.