Senate File 2029 - Introduced SENATE FILE 2029 BY BOLKCOM , DEARDEN , DVORSKY , DOTZLER , and KINNEY A BILL FOR An Act relating to installation, operation, and use of solar 1 energy systems. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5388XS (7) 86 gh/sc

S.F. 2029 Section 1. NEW SECTION . 335.28 Limitations on restrictions 1 of solar energy systems. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Solar energy” means energy emitted from the sun. 5 b. “Solar energy system” means equipment that directly 6 converts and then transfers or stores solar energy into usable 7 forms of thermal or electrical energy, including a solar 8 collector as defined in section 564A.2. 9 2. A county shall not adopt or enforce an ordinance or 10 other regulation that restricts, directly or indirectly, the 11 installation, operation, or use of a solar energy system unless 12 the ordinance or regulation satisfies any of the following 13 conditions: 14 a. The ordinance or regulation serves to protect the public 15 health or safety. 16 b. The ordinance or regulation does not significantly 17 increase the cost of installation, operation, or use of the 18 solar energy system or significantly decrease the system’s 19 efficiency or quantity of output. 20 c. The ordinance or regulation allows for alternative 21 installation, operation, and use of a solar energy system of 22 comparable cost and efficiency. 23 3. A county may, under the authority conferred by this 24 chapter, adopt an ordinance or other regulation that places 25 restrictions on obstructions to a solar energy system. 26 The ordinance or regulation may include a designation of 27 responsibility for the costs of limiting or abating the 28 obstruction. The ordinance or regulation may not require 29 the trimming of vegetation planted before the installation 30 of a solar energy system, unless the trimming is ordered as 31 enforcement of a different ordinance or regulation. The 32 ordinance or regulation shall apply to the entire county unless 33 a city in the county adopts an ordinance pursuant to section 34 414.26, subsection 3. 35 -1- LSB 5388XS (7) 86 gh/sc 1/ 5

S.F. 2029 Sec. 2. NEW SECTION . 414.26 City zoning limitations on 1 restrictions of solar energy systems. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Solar energy” means energy emitted from the sun. 5 b. “Solar energy system” means equipment that directly 6 converts and then transfers or stores solar energy into usable 7 forms of thermal or electrical energy, including a solar 8 collector as defined in section 564A.2. 9 2. A city shall not adopt or enforce an ordinance or 10 other regulation that restricts, directly or indirectly, the 11 installation, operation, or use of a solar energy system unless 12 the ordinance or regulation satisfies any of the following 13 conditions: 14 a. The ordinance or regulation serves to protect the public 15 health or safety. 16 b. The ordinance or regulation does not significantly 17 increase the cost of installation, operation, or use of the 18 solar energy system or significantly decrease the system’s 19 efficient operation or quantity of output. 20 c. The ordinance or regulation allows for alternative 21 installation, operation, and use of a solar energy system of 22 comparable cost and efficiency. 23 3. A city may, under the authority conferred by this 24 chapter, adopt an ordinance or other regulation that places 25 restrictions on obstructions to a solar energy system. 26 The ordinance or regulation may include a designation of 27 responsibility for the costs of limiting or abating the 28 obstruction. The ordinance may not require the trimming of 29 vegetation planted before the installation of a solar energy 30 system, unless the trimming is ordered as enforcement of a 31 different ordinance or regulation. A county ordinance or other 32 regulation adopted pursuant to section 335.28, subsection 3, 33 shall apply to the entire county unless a city in the county 34 adopts an ordinance pursuant to this section. 35 -2- LSB 5388XS (7) 86 gh/sc 2/ 5

S.F. 2029 Sec. 3. Section 657.2, Code 2016, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 13. Obstructing, as defined in section 3 657.12, operation or use of a solar energy system on a nearby 4 or adjoining property. 5 Sec. 4. NEW SECTION . 657.12 Obstruction of solar energy 6 systems —— exceptions. 7 1. Except as provided in subsection 2, and notwithstanding 8 section 657.3, the owner of a solar energy system is entitled 9 to receive damages, court costs, and reasonable attorney fees 10 from any person who uses the person’s property or who permits 11 any other person to use the person’s property in any way that 12 creates or would create an obstruction of the owner’s solar 13 energy system. The owner of the solar energy system shall have 14 the burden of showing by a preponderance of the evidence the 15 amount of the damages. 16 2. This section shall not apply to any of the following 17 obstructions: 18 a. An obstruction for which a building permit was issued 19 prior to the installation of the solar energy system. 20 b. An obstruction existing on or before the date of 21 installation of the solar energy system. 22 3. For purposes of this section: 23 a. “Obstruction” means the portion of a building or other 24 structure or vegetation that blocks solar energy from a solar 25 energy system between the hours of 9 a.m. to 3 p.m. standard 26 time. “Obstruction” shall not include blockage by a pole, wire, 27 television antenna, or radio antenna. 28 b. “Solar energy system” means the same as defined in 29 sections 335.28 and 414.26. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the installation, operation, and use of 34 solar energy systems by limiting local zoning authority and by 35 -3- LSB 5388XS (7) 86 gh/sc 3/ 5

S.F. 2029 making certain obstructions an actionable nuisance. 1 The bill defines “solar energy system” to mean equipment 2 which directly converts and then transfers or stores solar 3 energy into usable forms of thermal or electrical energy. 4 The bill prohibits a county or city from adopting an 5 ordinance or other regulation that directly or indirectly 6 restricts the installation, operation, or use of a solar 7 energy system unless the ordinance preserves or protects the 8 public health or safety, does not significantly increase the 9 cost of the system or decrease its efficiency, or allows for 10 alternative installation, operation, or use of a solar energy 11 system of comparable cost and efficiency. 12 The bill authorizes a county or city to adopt an ordinance or 13 other regulation that places restrictions on obstructions to a 14 solar energy system, which may include responsibility for costs 15 of limiting or abating the obstruction, but cannot require the 16 trimming of vegetation planted before a solar energy system is 17 installed. If a county adopts such an ordinance it will apply 18 to the entire county unless a city adopts an ordinance. 19 The bill amends Code chapter 657, relating to nuisances, 20 by making it a nuisance to obstruct a solar energy system on 21 a nearby or adjoining property after the solar energy system 22 has been installed. The bill defines “obstruction” to mean 23 the portion of a structure or vegetation that blocks solar 24 energy from a solar energy system between the hours of 9 a.m. 25 to 3 p.m. standard time, not including blockage by a pole, 26 wire, television antenna, or radio antenna. A person who is 27 aggrieved of such a nuisance may bring a civil action to abate 28 the nuisance and recover damages, court costs, and reasonable 29 attorney fees from any person who uses their property or 30 who permits another person to use their property to create 31 an obstruction of the owner’s solar energy system. The 32 bill requires the owner to prove damages by a preponderance 33 of the evidence. The bill does not allow damages for an 34 obstruction for which a building permit was issued prior to the 35 -4- LSB 5388XS (7) 86 gh/sc 4/ 5

S.F. 2029 installation of the solar energy system, or an obstruction that 1 existed on or before the solar energy system was installed. 2 -5- LSB 5388XS (7) 86 gh/sc 5/ 5