Senate File 2447 S-5109 Amend Senate File 2447 as follows: 1 1. Page 1, line 1, by striking < 2025 > and inserting < 2026 > 2 2. Page 1, line 13, by striking < 2025 > and inserting < 2026 > 3 3. Page 1, line 28, after < library, > by inserting < a 4 hospital or other medical facility, a nursing home, a business 5 or workplace, a government office, > 6 4. Page 2, line 21, by striking < A > and inserting < Unless 7 provided in paragraph “b” , a > 8 5. Page 2, by striking lines 26 through 29. 9 6. Page 2, line 30, by striking < (2) > and inserting < (1) > 10 7. Page 2, line 34, by striking < (3) > and inserting < (2) > 11 8. Page 3, line 4, by striking < (4) > and inserting < (3) > 12 9. Page 3, after line 7 by inserting: 13 < b. (1) A wind energy conversion facility shall be sited 14 or repowered no less than one and one-quarter mile or five 15 times the total height of the facility to be constructed or 16 repowered, whichever is greater, from any existing abutting 17 dwelling or community building. 18 (2) A wind energy conversion facility shall be sited or 19 reported no less than two miles from the corporate limits of 20 any city. > 21 10. Page 3, line 8, by striking < b. > and inserting < c. > 22 11. Page 3, line 15, by striking < c. > and inserting < d. > 23 12. Page 4, line 15, after < 7. > by inserting < a. > 24 13. Page 4, line 18, by striking < a. > and inserting < (1) > 25 14. Page 4, by striking lines 22 through 29. 26 15. Page 4, line 30, by striking < c. > and inserting < (2) > 27 16. Page 4, line 34, by striking < d. > and inserting < (3) > 28 17. Page 5, line 2, by striking < e. > and inserting < (4) > 29 18. Page 5, line 5, by striking < f. > and inserting < (5) > 30 19. Page 5, line 8, by striking < g. > and inserting < (6) > 31 20. Page 5, line 12, by striking < h. > and inserting < (7) > 32 21. Page 5, after line 16 by inserting: 33 < b. (1) A local authority shall implement a sound 34 limitation standard that requires a maximum of forty-seven 35 -1- SF 2447.3479 (3) 91 sb/js 1/ 7 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11. #12. #13. #14. #15. #16. #17. #18. #19. #20. #21.
decibel sound from the wind energy conversion facility during 1 the day and a maximum of thirty decibel sound during the night, 2 as measured at an existing abutting dwelling or community 3 building. Decibel modeling shall use the A-weighted scale as 4 designed by the American national standards institute. Sound 5 modeling shall be completed by a professional board-certified 6 by the institute of noise control engineering, or an 7 appropriately licensed professional engineer. 8 (2) A local authority shall require, prior to the 9 construction of the wind energy conversion facility, a study to 10 be completed that analyzes the effects the proposed wind energy 11 conversion facility will have on migratory birds, eagles, and 12 other winged wildlife. The study shall be conducted by a 13 qualified third party and all costs of the study shall be borne 14 by the owner of the wind energy conversion facility. > 15 22. Page 5, line 20, after < authority. > by inserting < The 16 waiver shall be valid provided the location of the facility 17 does not violate the standards in this section for affected 18 landowners that have not granted a waiver. > 19 23. Page 6, line 9, by striking < may > and inserting < shall > 20 24. Page 6, line 21, by striking < shall not > and inserting 21 < may > 22 25. Page 6, line 23, by striking < may > and inserting < shall > 23 26. Page 7, line 31, by striking < 2025 > and inserting < 2026 > 24 27. Page 7, line 35, by striking < 2025 > and inserting < 2026 > 25 28. Page 8, line 4, by striking < 2025 > and inserting < 2026 > 26 29. Page 9, after line 12 by inserting: 27 < c. When considering whether to approve, approve with 28 modifications, or deny an application requesting approval, 29 rezoning, or a special or conditional use permit for a 30 renewable electric power generation facility or modification 31 of an approved rezoning or special or conditional use permit, 32 the local authority shall consider the results of the study 33 required under subsection 7, paragraph “b” , subparagraph (2), 34 or the long-term and short-term effects of the facility, 35 -2- SF 2447.3479 (3) 91 sb/js 2/ 7 #22. #23. #24. #25. #26. #27. #28. #29.
including property tax revenue, property values, population 1 levels, and effects on school enrollment. > 2 30. Page 9, line 13, by striking < c. > and inserting < d. > 3 31. Page 9, line 18, after < section > by inserting < or must 4 be based on considerations required under paragraph “c” > 5 32. Page 9, after line 21 by inserting: 6 < e. Prior to approval, approval with modifications, or 7 denial of an application requesting approval, rezoning, or a 8 special or conditional use permit for a renewable electric 9 power generation facility or modification of an approved 10 rezoning or special or conditional use permit, individual 11 persons serving as local authorities shall disclose any 12 financial investment or other connection related to the 13 consideration of the proposed project. The information 14 disclosed under this paragraph shall be made publicly 15 available. > 16 33. Page 9, by striking lines 22 through 32. 17 34. Page 9, line 33, by striking < b. > and inserting < 17. > 18 35. Page 9, line 34, by striking < six months > and inserting 19 < one year > 20 36. Page 10, after line 7 by inserting: 21 < Sec. ___. NEW SECTION . 476.53B Wind energy conversion 22 facilities —— requirements. 23 1. As used in this section: 24 a. “Applicant” means any person, firm, corporation, 25 partnership, limited liability company, or governmental 26 subdivision seeking to develop, construct, or operate a wind 27 energy conversion facility, as defined in section 476C.1, in 28 Iowa. 29 b. “Karst topography” means terrain characterized by 30 sinkholes, voids, caverns, disappearing streams, or other 31 features produced by the dissolution of carbonate rocks. 32 c. “Licensed surveyor” means a professional land surveyor 33 licensed under chapter 542B with demonstrated experience in 34 subsurface and geological hazard evaluation. 35 -3- SF 2447.3479 (3) 91 sb/js 3/ 7 #30. #31. #32. #33. #34. #35. #36.
d. “Material damage” means direct physical damage exceeding 1 one hundred dollars in repair costs or any event causing 2 collapse or functional failure of a well, septic system, 3 lagoon, slurry containment, or structural foundation, or 4 contamination of groundwater or a cave system. 5 e. “Watershed” means the hydrological area in which surface 6 water or groundwater drains toward a common outlet. 7 f. “Wind energy conversion facility” means the same as 8 defined in section 476C.1. 9 2. a. An applicant shall commission a subsurface and 10 environmental survey by a licensed surveyor that must be 11 submitted prior to issuance of any state or local construction 12 permit. The survey must address the likelihood of all the 13 following: 14 (1) Disturbance to karst topography or related subsurface 15 formations from construction or operation. 16 (2) That any well, septic system, waste lagoon, holding 17 pond, or liquid containment structure will be disturbed 18 by vibrations or subsurface pressures, and whether such 19 disturbance may result in material damage, including breach of 20 fecal slurry lagoons causing contaminant entry into aquifers. 21 (3) Contamination to any cave system, groundwater conduit, 22 or ecological area supporting endangered or threatened species. 23 (4) That foundations of existing buildings within one mile 24 of the proposed site will be disturbed or impaired. 25 b. The survey report shall be submitted to the county board 26 of supervisors, the department of natural resources, and the 27 Iowa utilities commission, and shall be made available to the 28 public. 29 3. An applicant shall obtain and maintain third-party 30 insurance against any reasonably foreseeable loss identified 31 in the survey report required under subsection 2 throughout 32 construction and operation. The policy shall include all of 33 the following requirements: 34 a. Name all landowners within the affected watershed and the 35 -4- SF 2447.3479 (3) 91 sb/js 4/ 7
state of Iowa as additional insureds and loss payees. 1 b. Minimum coverage limits sufficient to cover full 2 replacement value of any potential loss or contamination 3 identified in the survey, as established by rule by the 4 insurance division in the department of commerce. 5 4. Prior to approval of construction, the applicant shall 6 obtain an independent legal opinion from an attorney licensed 7 in Iowa and unaffiliated with the applicant that affirms the 8 proposed project does not constitute a nuisance under chapter 9 657 or other applicable law. The opinion must be filed with 10 the county board of supervisors and the department of natural 11 resources. 12 5. a. The board of supervisors shall not issue a 13 construction permit until the applicant makes a showing that, 14 more likely than not, considering all foreseeable benefits 15 and costs, the project will confer a net benefit to county 16 residents. In deciding whether to issue a permit, the board of 17 supervisors may consider expert testimony, economic studies, 18 environmental assessments, and the survey report required under 19 subsection 2. 20 b. Before issuing a construction permit, the board of 21 supervisors shall hold not less than one public hearing to 22 discuss the application. 23 c. The board of supervisors’s decision is subject to 24 judicial review under chapter 17. 25 6. Compliance with this section is required for any 26 permit or authorization under chapter 476A or 476C, or other 27 applicable provisions relating to wind energy conversion 28 facilities. 29 7. a. A violation of this section or rules adopted pursuant 30 to this section constitutes a public nuisance. 31 b. A person in violation of this section is subject to a 32 civil penalty of not less than five thousand dollars per day 33 during which the violation occurs. 34 c. The attorney general or the county attorney for the 35 -5- SF 2447.3479 (3) 91 sb/js 5/ 7
county in which the project is located may bring an action to 1 enjoin violations or recover damages. 2 8. a. Any person aggrieved by a violation of this section 3 may bring a civil action in district court against any person 4 who violates or participates in a violation of this section. 5 b. A civil action under this subsection may be brought 6 against any of the following: 7 (1) The applicant or developer. 8 (2) Any landowner who grants an easement, lease, or other 9 property interest for the construction, installation, or 10 operation of a wind energy conversion facility in violation of 11 this section. 12 (3) The manufacturer of any wind turbine or component 13 thereof installed in violation of this section. 14 (4) Any person who installs, erects, or assembles a wind 15 turbine or wind energy conversion facility in violation of this 16 section. 17 (5) Any construction company, contractor, or subcontractor 18 involved in the construction or installation of a wind energy 19 conversion facility in violation of this section. 20 (6) Any worker, employee, or agent who participates in 21 the construction, installation, or operation of a wind energy 22 conversion facility in violation of this section. 23 (7) Any other person who knowingly participates in, 24 facilitates, or aids in a violation of this section. 25 c. A prevailing plaintiff in an action under this subsection 26 may recover all of the following: 27 (1) Actual damages sustained. 28 (2) Damages of not less than ten thousand dollars per 29 violation. 30 (3) Injunctive relief, including an order to cease 31 construction or operation. 32 (4) Reasonable attorney fees and court costs. 33 d. All persons found liable under this subsection shall be 34 jointly and severally liable for all damages awarded. 35 -6- SF 2447.3479 (3) 91 sb/js 6/ 7
e. An action under this subsection shall be commenced 1 within fifteen years of the date the plaintiff discovered or 2 reasonably should have discovered the violation or resulting 3 injury, whichever is later. 4 f. The remedies provided under this subsection are 5 cumulative and shall not be construed to limit any other remedy 6 available at law or in equity. 7 g. A contractual provision purporting to waive rights under 8 this section shall be void and unenforceable. > 9 37. Page 10, line 12, by striking < 2025 > and inserting 10 < 2026 > 11 ______________________________ SANDY SALMON -7- SF 2447.3479 (3) 91 sb/js 7/ 7 #37.