Senate File 84 - Introduced
SENATE FILE
BY KIBBIE
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the adoption of small wind energy system
2 ordinances by cities and counties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1444XS 83
5 rn/sc/5
PAG LIN
1 1 Section 1. NEW SECTION. 361.1 SMALL WIND ENERGY SYSTEM
1 2 ORDINANCE.
1 3 1. A city or county shall promote the safe, effective, and
1 4 efficient use of small wind energy systems by adopting an
1 5 ordinance addressing the installation and operation of such
1 6 systems.
1 7 2. For purposes of this chapter, "small wind energy
1 8 system" means a wind energy conversion system consisting of a
1 9 wind turbine, a tower, and associated control or conversion
1 10 electronics, which has a rate capacity of not more than five
1 11 hundred kilowatts, and which is primarily intended to reduce
1 12 on=site consumption of utility=generated forms of energy.
1 13 Sec. 2. NEW SECTION. 361.2 PROVISIONS REQUIRED IN
1 14 ORDINANCE.
1 15 If by July 1, 2009, a city or county has not otherwise
1 16 adopted an ordinance, or regulations contained in zoning
1 17 requirements, addressing the installation and operation of
1 18 small wind energy systems, the city or county shall adopt an
1 19 ordinance providing that a small wind energy system shall be a
1 20 permitted use in all zoning classifications where structures
1 21 of any sort are allowed. The ordinance shall be subject to
1 22 and shall include all of the following provisions:
1 23 1. A wind energy system shall not be constructed, altered,
1 24 or maintained so as to project above any of the imaginary
1 25 airspace surfaces described in 49 C.F.R. pt. 77.
1 26 2. The base of the tower shall be set back from all
1 27 property lines, public rights=of=way, and public utility lines
1 28 equal to the total extended height of the tower. Turbines
1 29 shall be allowed closer to a property line than the tower's
1 30 total extended height if each owner of property that abuts the
1 31 property where the system is being constructed grants written
1 32 permission and if the installation poses no interference with
1 33 public utility lines or public road or rail rights=of=way.
1 34 3. a. Building permit applications for small wind energy
1 35 systems shall be accompanied by standard drawings of the wind
2 1 turbine structure and stamped engineer drawings of the tower,
2 2 base, footings, and foundations as provided by the
2 3 manufacturer. Wet stamps or original impression seals shall
2 4 not be required.
2 5 b. For standard soil conditions, foundations developed by
2 6 the wind turbine manufacturer shall be acceptable for turbine
2 7 installations of five hundred kilowatts or less and shall not
2 8 require project=specific soil studies or an engineer's wet
2 9 stamp or original impression seal.
2 10 c. Building permit applications for small wind energy
2 11 systems shall be accompanied by a line drawing of the
2 12 electrical components, as supplied by the manufacturer, in
2 13 sufficient detail to allow for a determination that the manner
2 14 of installation conforms to the national electric code.
2 15 4. Any climbing foot pegs or rungs that extend below
2 16 twelve feet of a freestanding tower shall be removed to
2 17 prevent unauthorized climbing. For lattice or guyed towers,
2 18 sheets of metal or wood may be fastened to the bottom tower
2 19 section such that it cannot readily be climbed.
2 20 5. Sound produced by the turbine under normal operating
2 21 conditions, as measured at the property line, shall not exceed
2 22 the definition of nuisance noise. However, sound levels may
2 23 be exceeded during short=term events beyond the owner's
2 24 control such as utility outages or severe wind storms.
2 25 6. A small wind energy system shall not be installed until
2 26 the utility furnishing electricity to the owner has been
2 27 informed of the customer's intent to install an interconnected
2 28 customer=owned generator. Off=grid systems shall be exempt
2 29 from this requirement.
2 30 7. Additional insurance beyond the customer's homeowner's
2 31 coverage shall not be required.
2 32 8. If a wind turbine is inoperable for six consecutive
2 33 months the owner shall be notified by the city or county that
2 34 they must restore their system to operating condition within
2 35 six months of receiving the notification. If the owner fails
3 1 to restore the system to operating condition within six months
3 2 of receiving the notification, the owner shall be required, at
3 3 the owner's expense, to remove the wind turbine from the tower
3 4 for safety reasons. After removal of the turbine, the tower
3 5 shall be subject to the public nuisance provisions applicable
3 6 within the city or county.
3 7 9. All signs, other than the manufacturer's or installer's
3 8 identification, appropriate warning signs, or owner
3 9 identification, on a wind generator, tower, building, or other
3 10 structure associated with a small wind energy system visible
3 11 from any public road shall be prohibited.
3 12 10. Illumination of the turbine or tower shall not be
3 13 permitted unless required by the federal aviation
3 14 administration.
3 15 Sec. 3. NEW SECTION. 361.3 EXCEPTIONS TO ORDINANCE
3 16 REQUIREMENTS.
3 17 A city or county ordinance that governs the installation
3 18 and operation of small wind energy systems shall not place any
3 19 substantial restriction either directly or indirectly on the
3 20 installation or use of a small wind energy system unless the
3 21 city or county documents that the restriction satisfies one or
3 22 more of the following:
3 23 1. Serves to preserve or protect the public health or
3 24 safety.
3 25 2. Does not significantly increase the cost of a small
3 26 wind energy system or significantly decrease its efficiency.
3 27 3. Allows for an alternative system of comparable cost and
3 28 efficiency.
3 29 EXPLANATION
3 30 This bill requires a city or county which has not otherwise
3 31 adopted an ordinance or zoning regulations addressing the
3 32 installation and operation of small wind energy systems by
3 33 July 1, 2009, to adopt an ordinance adhering to several
3 34 specified requirements.
3 35 The bill defines a "small wind energy system" as a wind
4 1 energy conversion system consisting of a wind turbine, a
4 2 tower, and associated control or conversion electronics, which
4 3 has a rate capacity of not more than 500 kilowatts, and which
4 4 is primarily intended to reduce on=site consumption of
4 5 utility=generated forms of energy.
4 6 The requirements specified in the bill with respect to an
4 7 ordinance adopted pursuant to new Code section 361.2 generally
4 8 relate to the height, setback, sound, and illumination of an
4 9 installation; engineering drawing requirements; safety
4 10 considerations; soil condition requirements; national electric
4 11 code compliance; utility notification; insurance;
4 12 inoperability constituting abandonment; and signage
4 13 restrictions.
4 14 The bill provides that a city or county ordinance that
4 15 addresses installation and operation of small wind energy
4 16 systems shall not place any substantial restriction either
4 17 directly or indirectly on the installation or use of a small
4 18 wind energy system unless the city or county documents that
4 19 the restriction serves to preserve or protect the public
4 20 health or safety, does not significantly increase the cost of
4 21 a small wind energy system or significantly decrease its
4 22 efficiency, or allows for an alternative system of comparable
4 23 cost and efficiency.
4 24 LSB 1444XS 83
4 25 rn/sc/5.2