Relating to the siting and operation of renewable electric power generating facilities

This bill relates to siting and operation of certain renewable electric power generation facilities. The bill prohibits exercising the power of eminent domain for acquiring right-of-way for, constructing, or operating any renewable electric power generation facility (facility). The bill creates standard-making ability for local authorities approving a 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 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 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 authorizes a local authority to waive any requirement for renewable electric power generation under the bill if the local authority complies with additional requirements established in the bill. The bill provides that if, on the effective date of the bill, a local authority has in effect a moratorium on renewable electric power generation or has adopted standards that do not comply with standards in the bill, the local authority must complete specified actions by January 1, 2028. The bill further provides that a local authority that enacts a renewable electric power generation moratorium or adopts noncompliant standards must complete the same actions prior to enactment of the moratorium or standards. The bill requires the local authority to provide notice to all persons within its jurisdiction who are required to pay property tax to the local authority and to post the notice on the local authority’s internet site, if applicable. The notice must include an estimate of the amount of property tax revenue not received by the local authority as a result of the moratorium or noncompliance with standards in the bill. If the local authority is unable to determine the amount of property tax revenue, the bill requires the local authority to compare itself to another local authority with a similar population that has not adopted a renewable electric power generation moratorium and that complies with the standards in the bill, and to determine the amount of property tax revenue generated annually by facilities in that comparable jurisdiction. The bill also requires the local authority to hold a public hearing to discuss the reasons for the renewable electric power generation moratorium or noncompliant standards. The public hearing must include a demonstration that the moratorium or noncompliant standards are necessary to prevent an adverse impact on the health or safety of the local authority’s residents or public facilities. 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, or follow the noncompliance procedures described in the bill.