Senate Study Bill 3128 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON DAWSON) A BILL FOR An Act relating to the regulation of renewable energy projects 1 and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6301XC (4) 88 ja/rn

S.F. _____ Section 1. Section 331.304A, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. Beginning July 1, 2020, a county 3 shall not adopt or enforce county legislation that imposes a 4 limitation or regulation on a renewable energy project, as 5 defined in section 476A.1, that has a total capacity of at 6 least twenty-five megawatts of electricity. 7 Sec. 2. Section 476A.1, subsection 5, Code 2020, is amended 8 to read as follows: 9 5. “Facility” means any electric power generating plant 10 or a combination of plants at a single site, owned by any 11 person, with a total capacity of twenty-five megawatts of 12 electricity or more and those associated transmission lines 13 connecting the generating plant to either a power transmission 14 system or an interconnected primary transmission system or 15 both. Transmission lines subject to the provisions of this 16 subchapter shall not require a franchise under chapter 478 . of 17 the following: 18 a. A renewable energy project. 19 b. An electric power generating plant or a combination 20 of plants at a single site, owned by any person, with a 21 total capacity of twenty-five megawatts of electricity or 22 more and those associated transmission lines connecting 23 the generating plant to either a power transmission system 24 or an interconnected primary transmission system or both. 25 Transmission lines subject to the provisions of this subchapter 26 shall not require a franchise under chapter 478. 27 Sec. 3. Section 476A.1, Code 2020, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 7. “Renewable energy project” means 30 construction or installation, or a material change to a 31 completed installation, in the same geographic area related 32 to the collection and conversion of wind or incident solar 33 radiation into energy to generate electricity irrespective of 34 the power capacity of any connected common gathering line. A 35 -1- LSB 6301XC (4) 88 ja/rn 1/ 3

S.F. _____ renewable energy project does not include a project for which 1 the generated electricity is planned to be primarily consumed 2 on the property or immediately adjacent to the property. 3 Sec. 4. APPLICABILITY. The following applies to a facility 4 installed or constructed, or for which all real property 5 interests are obtained, on or after July 1, 2020: 6 The sections of this Act amending section 476A.1. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to renewable energy projects, including 11 the authority of counties and the utilities board within the 12 utilities division of the department of commerce to regulate 13 renewable energy projects. 14 The bill prohibits counties, after July 1, 2020, from 15 adopting or enforcing an ordinance, motion, resolution, 16 or amendment that imposes a limitation or regulation on 17 a renewable energy project, as defined in Code section 18 476A.1, having a total capacity of at least 25 megawatts of 19 electricity. 20 The bill defines “renewable energy project” in Code section 21 476A.1 to mean the construction or installation in the same 22 geographic area related to the collection and conversion of 23 wind or incident solar radiation into energy to generate 24 electricity irrespective of the power capacity of any connected 25 common gathering line. The bill provides that a project for 26 which the generated electricity is planned to be primarily 27 consumed on or immediately adjacent to the property is not a 28 renewable energy project. 29 The bill amends the definition of “facility” contained in 30 Code section 476A.1 to include a renewable energy project. As 31 a result, the construction of a renewable energy project shall 32 be subject to the certification requirements contained in Code 33 chapter 476A. 34 The bill provides that the sections of the bill amending 35 -2- LSB 6301XC (4) 88 ja/rn 2/ 3

S.F. _____ Code section 476A.1 apply to a facility that is installed 1 or constructed, or a facility for which all real property 2 interests have been obtained, on or after July 1, 2020. 3 -3- LSB 6301XC (4) 88 ja/rn 3/ 3