S-5109

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

______________________________
SANDY SALMON